DC LUGs To Protest DMCA

Serge Wroclawski writes: "The LUGs in the DC area are protesting the Digital Millennium Copyright Act on Tuesday. The press release concerning the protest can be found online as well as an actual copy of the DMCA (with commentary availible)." If you're in driving distance of Washington D.C., consider showing up to respectfully make your opinion known to the lawmakers. Slashdot's timothy (yours truly) will be there as well, so look for a followup on later on Tuesday.

Comments

Supreme Court 1984 vs. DCMA 1998

[CodeShark]

Ever wonder why the DCMA really got passed? And whether the Supreme Court will ultimately find it to be constitutional? While researching I found this [and I am not the only one, the Harv ard Law website also has the case online], (Bolding of certain areas of text, known as emphasis, is mine)

An explanation of our rejection of respondents' unprecedented attempt to impose copyright liability upon the distributors of copying equipment requires a quite detailed recitation of the findings of the District Court. (skipping some VCR/TV specific content, resuming where the reason for rejection is given) even the two respondents in this case, who do assert objections to time-shifting in this litigation, were unable to prove that the practice has impaired the commercial value of their copyrights or has created any likelihood of future harm. Given these findings, there is no basis in the Copyright Act upon which respondents can hold petitioners liable for distributing VTR's to the general public. The Court of Appeals' holding that respondents are entitled to enjoin the distribution of VTR's, to collect royalties on the sale of such equipment, or to obtain other relief, if affirmed, would enlarge the scope of respondents' statutory monopolies to encompass control over an article of commerce that is not the subject of copyright protection.

Hmmm...It seems that according to the Supreme Court, I can watch copyrighted content which I have copied for my own use with a technological device, doesn't it? How about this one:

...the noncommercial character of the use, and the private character of the activity conducted entirely within the home. (Slight skip of TV only related content) "Even when an entire copyrighted work was recorded, the District Court regarded the copying as fair use "because there is no accompanying reduction in the market for 'plaintiff's original work.'"

The first section referred to receiving "free" signals, but once I have paid for a license to view a DVD in the privacy of my home, I have the right to do so for free...unless it's on a machine not pre-approved for the purpose, apparently. (No DVD decoders have been licensed for Linux that I know of) The second part says that if I am not reducing the commercial value of the copyright owners (AKA piracy), copying an entire work is fair use.

One more, the most important of all:

Article I, Sec. 8 of the Constitution provides that: "The Congress shall have Power ... to Promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries."

The monopoly privileges that Congress may authorize are neither unlimited nor primarily designed to provide a special private benefit. Rather, the limited grant is a means by which an important public purpose may be achieved. It is intended to motivate the creative activity of authors and inventors by the provision of a special reward, and to allow the public access to the products of their genius after the limited period of exclusive control has expired. "The copyright law, like the patent statute, makes reward to the owner a secondary consideration.

So if you haven't yet decided whether the DCMA is worth fighting against, consider these arguments. Join the fight to make sure that the entire DCMA is thrown out as an unconstitutional infringement of our rights. [4 good ways (?), contacting your congressional representatives, media exposure where available, boycotting the studios, and by financially supporting the EFF.]

What about other cities?

[mind21_98]

This is good, but we need protests done in other cities (like Silicon Valley, where the DVD lawsuits are taking place)

If only done in Washington, DC, the US government won't get the picture and just ignore it on the basis that the rest of the population has no problem with the DMCA.

And don't forget to submit your comments to the Library of Congress too (Deadline's the end of this month)

Organize

[molog]

When ever we hear about these protests, it is always "Tomorrow, show your support!" or "One week from today, show your support!" Honestly that isn't enough time to prepare. I would love to take part in making our voices heard to the lawmakers, but 3 LUG's just isn't enough to even be noticed. We would need > 10k people to even get a headline. This is something that needs to be planned months in advance with everyone knowing about it, getting hotels reserved, or putting in the comp time at work or letting your boss know you need vacation those days. I'm sure that if we had a little time to organize that something could be put together. I would be willing to help with such a task if there was interest.
Molog

So Linus, what are we doing tonight?

Fragmentation...

[Diamond Slicer]

One of the reasons we never hear about protests like this ahead of time is because the Geek community is fragmented. There are a few central hubs in the commmunity like RMS and Slashdot - but they are too busy to go all out and organize something of >10k.

What someone needs to do in order to have an effective protest - is to set up a webpage - something like the ElectroHippies page that Protests the WTO and contact major websites that Geeks visit. An mailing list should be started so people can subscribe - find out details and contact other local geeks. (Even though this may sound like dilbert) Committees need to be formed with people in charge of transportation and like.

Now - why the above will probably never happen. We Geeks (at least a fair amount of those on /.) are computer oriented so a DoS attacks like the one the ElectroHippies staged on the WTO would appeal to us far more than standing on some corner holding signs. Furthermore many of us (judging by the responses to the articles that were posted about the elections) don't have faith in Congress any more. We simply face the facts that because we are not a all-godly lobby so we will not ever influence joeblow senator/representative.

I hate being pessimistic - so I'll end on an upbeat note. This year (at least in the US) is an election year. Many politicians will be going back to their home states and campaigning. If a politico should come to your area and hold a forum, go ask him his/her opinion on the DCMA. The protest comming up is one I cannot attend (due to limited finances and distance). However, I should like someone to run a webcam (anyone know if one is gonna be up?) and I will tune in (from work). I would also be willing to snail mail the politicians that live in the area around me.

The above poster also said that this protest would get no media attention... WRONG! I bet it gets a fair amount - when was the last time that white color enginneers/technicians protested at the White House? - At least on the Net it will be covered.

SIDE NOTE: - Someone should see if we could get some Enginneers Unions and like to protest it also - the unions (at least the one at Boeing) seem to have a fair amount of power.

Effective Protest

[HBergeron]

As long as you are taking the time to come out and do some Rah Rah (the term of art for a group of people 10-10,000 rallying on the Capitol grounds,) Why don't you actually schedule time to come in a see the congressional staff - the people who wrote the DMCA in the first place. One poster had mentioned hitting representatives at town halls in their districts and states. While this should not be discouraged, the end result will be the member going back to their staff, asking "have you heard many complaints about the DMCA" and when the answer is no, filing you away as a crackpot. Yes, the MPAA and RIAA are here, so is the Patent Bar lobby, but none of them are grassroots organizations, they represent business interests, and they are treated as such (for better and worse).

AIPAC (the America-Israel Public Affairs Committee) is often ranked as the most effective lobby in Washington by other lobbyists and legislative staff. Every year they bring 3-4000 members to Washington for a 3 day conference. This includes a "Hill Day" when members "storm the hill", groups going to the office of their own Congressmen and Senators. Offices will never say no to meeting constituents in DC. The AIPACers sit down with staff and push their legislative agenda for the year. Backing up these visits is the other end of AIPAC is a very intelligent, thoughtful group of academics who can supply supporting material for any pro-Israel argument a member or hill staffer would like to make. This small group is located in DC, they understand how to make material relevant to the legislative process, and they know the members.

The point of this is, I know the tech crowd has some roots in the ex-hippies of the 70s and early 80s, and barricading the doors of congress (as suggested by one post) seems like a effective idea. Most techs are very intelligent, if not eloquent, individuals. The web is the single most effective tool for political organization we've ever known, and it's your domain. Organize and communicate. When you come to DC or NOVA, make time to meet with the staff of your Senator or Congressman. Maintain lists of members, rank their votes on issues - know who your friends are, stay in touch with the staff. Once you have the business card of a Senate LA, you can call or e-mail that person at will (or at least until you make a nuisance of yourself - be professional). Stop whining that Congress won't take a personal interest in you, take a personal interest in Congress.

If you truly believe that the government is out of your reach and it doesn't matter what you say, why bother to even come and protest? You should be hiding from the black helicopters by now. If you want to get something done, get involved, grok the system, and work it.