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DMCA Study Reply Comments Posted
richardbowers writes "The Library of Congress has posted the replies it received to comments collected about DMCA enforcement. Kudos go to several individuals who submitted comments, people who have also been strong contributors to the OpenLaw discussions on these topics.
Big business is also represented. If you have missed the last fifteen Slashdot stories on the aim of big business to take away ownership and replace it with rental, you can see it again here. Since the reply period is now closed, you will need to take up your disgust with your Senator or Representatives, or just give something to the EFF to help them defray the costs of the inevitable and continuing lawsuits."
A lot of /., k5, advogato etc readers are not US citizens, and so can't really comment in that kind of forum. In addition, there is the IANAL problem. Many of the submissions (e.g. Time-Warner) contained legal argument (a lot of which turned out to be wrong; read the submission from the Copyright Office to see one example). The average geek cannot be expected to reply to such an argument because they don't know how. I'm sure that more than one bowed out precisely to improve the quality of the submissions past "Uhm... uhh... it's wrong! I don't know why, but it's just WRONG!"
Sometimes people reason, rightly or wrongly, that it's easier to leave this sort of thing to the experts.
sub f{($f)=@_;print"$f(q{$f});";}f(q{sub f{($f)=@_;print"$f(q{$f});";}f});
I could've sworn that I submitted comments.
There seems to be some confusion by several people saying "hey, where's my comment". There were several different opportunities to submit comments:
1201(a) Rule Making Comments
1201(a) Rule Making Reply Comments
1201(a) Rule Making Post-Hearing Comments
Section 109 & 117 Comments
Section 109 & 117 Reply Comments
Encryption Research Comments from July 1999
This is from the comment made by such illustrious organizations as the American Film Marketing Association, the Business Software Alliance, the Motion Picture Association of America, and the Recording Industry Association of America:
B. Archival/back-up copying
Section 117(a)(2), which allows the owner of a copy of a computer program to make an archival copy of it without the permission of the copyright owner under certain conditions, is a narrow exception to the exclusive reproduction right. Under no circumstances does section 117(a)(2) allow the
creation of "back-up copies" of works such as sound recordings, music, audio-visual works, or databases. As at least two initial round submitters have pointed out, many pirates and distributors of pirate software products have actively disseminated misleading statements about this provision in order to give their operations a false air of legitimacy, see Interactive Digital Software Association at 5-6; SIIA at 3-4.
If I read this correctly, wouldn't this forbid the ripping of CDs, let alone the copying of MP3s based on those ripped tracks to a player that you own?
The single most important thing that each of us can do is vote. Calling and writing your congressman may help, but ultimately it is what we do on election day that matters most.
The majority of people in this country don't vote. The politicians know this. They keep very close tabs on what kind of people do vote because these are the people the politicians must keep happy in order to stay in office. Why do you think politicians from both major parties continuously pander to senior citizens? Why do you think Gore is proposing that the rest of us pay for their prescription drugs? Because senior citizens vote more than any other age group in america. Therefore what they want and need will always be represented and taken into account when any decision is made on capitol hill or the white house
Laws like the DMCA get passed because we aren't holding our elected officials accountable for how they vote. The average person is oblivious to whats happening in their government. All they know is what they hear on TV, which most of the time is nothing but propaganda put out by rival political factions. Everyone knows that Clinton was getting it on with a 24 year old intern, but how many people know what bills he signed and vetoed last year? How many are aware of executive directives he issued and their effects?
But whats really sad is the fact that we're all being had. Not voting has been covertly promoted for some time now. The idea that our vote doesn't count has been spoon fed to us by those who don't want to see us vote. Here we are in a country where the government is ultimately controlled by the people. Today most of them have been suckered into laying that power and responsibility down and walking away from it. Later, when that forfeited power is used against them, they do nothing but pout or maybe complain to each other and wonder what the world is coming to.
It may not be possible to fool all of the people all of the time. But clearly it is possible to fool enough of the people enough of the time (or make them look the other way) to pass legislation which screws over everyone all of the time.
Want to see it change? Want the DMCA and similar issues,such as the MPAA's desire to prevent you from taping TV shows, become nothing more than a bad dream? Then vote. Don't like any of the major party candidates? Vote for one from a "3rd party."
To stand by and watch as our country is ruined makes you just as guilty as the ones doing it.
Lee Reynolds
Muslim community leaders warn of backlash from tomorrow morning's terrorist attack.
It's nice to see that there are alot of expert opinions in an open forum that are actually on the Anti-DMCA. With the obvious open hostility of the judges of both the Napster and DeCSS cases, there need to be more well documented 'official' comments speaking out against the DMCA. Most of the public has blown off opponents of the DMCA as either morons or thieves, and it seriously lowers the respect people have for Anti-DMCA activists when we aren't really seen as having an official voice, except for, possibly, RMS, who is a bit too extreme to be a PR Guy.
I just sent the email below to my House representative. It's pretty easy to do this online at the sight
http://www.house.gov/writerep/
__________________________________
To the Honorable Lamar S. Smith:
I am an Oracle database consultant in your district. I work at Randolf Air Force Base in San Antonio, supporting the Air Force Recruiting Service.
I write to you to express my very strong concern that the Digital Millenium Copyright Act, which passed in 1998, is a bad law that urgently needs to be revised or even repealed. I believe that the law does not adequately reflect the "delicate balance" that several hundred years of copyright jurisprudence has created. The troublesome section is 1201 of the Copyright Act (Title 17).
My objections to this law are as follows:
- It guts "Fair Use" completely
- It stiffles competition, especially that of "open source" software
- It risks antitrust abuse by creating two separate rights "access" and "copyright" that industry trusts exploit through tying and collusion
- The reverse engineering 1201(f) exception is too narrow and is unclear
- The encryption research 1201(g) exception is too narrow and is unclear
- Despite 1201(c)(4) and 1203(b)(1), the law is being used to chill open discourse and free speech on the science of computer security matters
- The law is ambiguous if copyright owner authority to access can be retained after "First Sale" of the copy, contradicting the "just rewards" purpose of the copyright monopoly and diminishing property rights
- Protecting insecure systems with laws fosters insecurity not security; Most computer scientists support "full disclosure" of security flaws.
I do not support piracy, and recognize that authors deserve financial reward as inducement to create. I note however that there is no "intent" language in the law: it reaches far beyond piracy into the realm of legitimate activity. The attempt to create enumerated exceptions fails miserably to address this. Just as fair use must be judged on a case-by-case basis, so too would a claim of "fair access".
This bill appears to go beyond what is needed by granting wholesale control of the use of sold works to the copyright holder, who all to often isn't even the actual author, but is a corporate mammoth. I am not willing to sacrifice my intellectual property rights as a consumer to line the coffers of the MPAA and RIAA. I am certainly not willing to stiffle the free speech rights of open source programmers, who give generously to the intellectual commons, and exemplify copyright's calling "to promote the progress of science".
There's something even more important that you can do. It isn't fun and it takes more time than beating Diablo II on Hell level. Here it is: Run for office.
How many times have you complained about the idiots we have running the country? What would it take for you to do better?
One nice thing about Slashdot readers is that we tend to move in herds. There are geographical regions that are packed with nerds (nerd-herds?), and could probably support city council or state legislature positions for people with brains. If we get enough of a critical mass at the lower levels, it shouldn't be too hard to move up.
Even if you won't run, or can't, try finding those candidates that can and helping them out. It could be financial help, or it could be coding them a new web page. It could be offering to speak at a party fundraiser, if you are well-known enough, putting a link on your home-page, submitting stories about their good works to Slashdot, whatever - just do something.
============================================
Law is whatever is boldly asserted and plausibly maintained. -- Aaron Burr
Law is whatever is boldly asserted and plausibly maintained. -- Aaron Burr
but the rest of the world is watching to see how the DMCA is going to hold up in court and what the corporations intend to do with it. I already know of some bills that are being drafted in a number of countries in the EU that are suspiciously akin to the DMCA. The backers of the DMCA have a lot of power and their reach is certainly farther than the shores of the US.
I do, however, agree wholeheartedly with you that the responses the government (in the US, now, perhaps in the future, otherwise) recieves should be courteous and well-informed. I would personally like to see hundreds upon hundreds of well-written, thoughtful, and though-provoking letters pile up on the desks of the politicians in the US. Unfortunatly, the simple fact of the matter is that there is a distinct lack of informed and (this is the sad part) intelligent people that have the knowhow, ability, and urge to write to congress and their representatives.
I have read through this thread a few times, and I have come to the conclusion that the problems at hand won't be solved by votes. They will be solved by public awareness (do I hear a drum beating?) and a large campaign that is in the spotlight. There are thousands of kids out there that not only buy CDs (and they do, en masse) but downloads MP3s. It is in their best interests to be aware of the problem and at least take a stand. This is particularly important because we all know that most people over 30 DON'T CARE. (Fire? No, I don't smell fire. Flames? What? What?). Personally, I am writing to the papers and the media in the hopes that I can get in the editorials of maybe be able to get a reporter to do a good, honest, and unbiased story on the DMCA and it's repercussions.
Write your politicians,
Write your local media,
Vote,
Organize the young and untainted,
DO SOMETHING!
Rami
--
rJames.org - illustration
While this is mostly true, if we really wanted we could do what New Zealand and other countries have done.
Outlaw any and all region code honoring DVD devices, as they do infringe on the GATT (WTO).
It is ILLEGAL to sell a region code honoring DVD device in New Zealand, and it should be the same way in every nation which has signed the UN charter.
-- iCEBaLM
What we really need is approval voting. What this means: you get a list of all the candidates for office, and you vote yes or no on each one. The candidate with the highest number of yes votes wins the election.
This lets people express their vote much better than standard methods. Do you like Nader but don't think he has a chance to win, and would rather not see Bush win? Vote yes to Gore and Nader and no to everyone else. Hate the major parties? Vote no to Bush AND Gore, and yes to everyone else. Fed up with the whole process? Vote no to everyone. This last option actually has influence under approval voting-- imagine how it would look if the winning candidate was approved by less than 30 percent of the voters. A side benefit is that it encourages candidates to not engage in negative campaigning, since it's easier to increase their own approval than decrease everyone else's.
The best part is that implementing this doesn't require changing the Constitution, or anything so drastic. Local voting laws are all that need to be changed. Personally I believe that all we'd need is one state to implement state-wide approval voting, and the natural publicity from that would take it from there.
---
At least mafia-owned pizzarias make excellent pizza. Compare to Bill Gates.
How is it that they've been chosen to be included in this?
Remember all those highly moderated posts on the numerous DCMA articles on slashdot exhorting us to write congress, etc.
These are the people who actually wrote and called instead of karma whoring on slashdot and preaching to the choir.
It's time for the anti-IP community to put its money where its mouth is. Contact your Congressmen, write some editorial letters, stage a demonstration, e-mail the Library of Congress -- just do something. We can't win this fight by sitting back and bragging about how much smarter we are. Is there any sort of organization devoted to opposing IP? An organized resistance with some key spokespeople -- RMS, or Linus himself, or Shawn Fanning, or some other household name -- would do wonders for our cause. Right now, we're suffering from a PR problem: Big business has successfully spun this into an issue of thievery. We need to put the issue back in favorable terms; convince people that this isn't about stealing, but freedom and the right to fair use. And what about a catchy slogan?
Remember, all that is necessary to evil to triumph is the absence of good. Let's put aside our elitism and bring back the forces of good. Stop talking about what you could do and do something.
is the fact that most of the corporations are attempting to have the LOC throw out prior comments based on the fact that "they are not applicable" and that Congress had not ordered a complete review of DMCA apparently; only certain sections. See http://www.loc.gov/copyright/reports/studies/dmca/ reply/Reply006.pdf for one particularly disturbing instance.
Since the replies they are attempting to throw out are lucid and well thought out, I'd wager they feel threatened by the logic. This is reminescent of the "if I can't see them they can't see me" mindset.
The DMCA and UCITA are starting to remind me of the Salem Witch Trials. "IF THEY'RE NOT PROVEN INNOCENT, THEY'RE GUILTY!" When did the golden law only become used in a criminal court, and when you're not guilty there you get sued in a civil court because the requirements for "liable" are less than "guilty"?
Yes, I am an Elite Hacker (sorry, 3l33t 4ax0r or whatever). I rip MP3s to my HD for distribution to the world. No, really, I do. With my 128kb upload rate, I welcome the world to my 20GB of MP3s! IT HAS NOTHING TO DO WITH THE FACT THAT MY STEREO IS IN THE OTHER ROOM AND THE SPEAKERS ON MY COMPUTER ARE BETTER THAN MY STEREO (sad, but true).
My wanting to play DVDs has *nothing* to do with an unsupported box. Do I have access to Windows? Yes, but that doesn't mean I want to slap a DVD drive in that box!
BTW, I didn't submit to the LOC (as stated below or above depending on how you thread) but I can say I've written my congressman. That doesn't require legal ability; it only requires me to express my opinion in a lucid manner. Whether the information I "think" I know on the DMCA is FUD or not, the perceived can be as powerful as the reality.
-- Talonius
My reality check bounced.