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The DMCA Is Just The Beginning
dr. greenthumb writes: "With the Sklyarov-case still fresh in memory, the Electronic Frontier Foundation (EFF) wants to rally up against the Free Trade Area of the Americas (FTAA) in order to preserve privacy and freedom of speech. The FTAA is currently negotiating agreements with several countries in the Western hemisphere concerning, among other issues, intellectual property rights. According to the EEF, the FTAA organization is considering treaty language that mandates nations pass anti-circumvention provisions similar to the DMCA, except the FTAA treaty grants even greater control to publishers than the DMCA."
It's times like this you just have to feel hopeless. We (meaning the good ol' US of A) have captured a Russian giving a speech showing that some 'industry quality' encryption was nothing more than a XOR with a constant byte, and passed laws that give harsher penalties to programmers than to some murderes! And the worst part is that nobody else seems to CARE!
(And watch as I am moderated to -1 for this comment)
:wq
A true free trade agreement is one for liberalization allowing for the free flow of goods. Certainly IP should be covered, but not to this extent. DMCA is anti-liberalization and hampers the development of technological advances.
Given the importance of this issue, it seems having lobbying/communication is required in Latin American nations regarding this subject.
How can this issue be communicated to those in Latin America with potential interest/influence of local governments? Has someone forward this information to Miguel de Iczara? I understand he has connections to the current administration in Mexico. Perhaps there are technological associations in Latin America who may be communicated this issue and rallied?
Given the effect of the DMCA in the US, American citizens probably have little influence --- maybe those in Latin America can make a difference.
"There ought to be limits to freedom"
In addition to my technical degrees, I also have an accounting degree. FWIW, accountants generally live and die by their own integrity. It's hammered into us in a big way during our training.
They have no desire to trump up false claims because it would ruin their name. Their name is the most important asset that an accountant has. If I was asked to calculate how much we lost in sales I would probably poll a sample of the pirates (assuming that's possible) and ask them if they would have purchased the product if that was the only way they could have obtained it.
Using that sample I would deduce the total amount of potential revenue lost to theft.
I think the exaggerated claims you're referring to come from lawyers, not accountants. (On a side note: I started to doubt the entire accounting business now that pro forma financial statements are becoming the norm. However, that's unrelated to this topic.) PS Don't haze me for being off topic. I care about my Karma.
That which does not kill me only makes me whinier
The US Constitution will eventually cause the demise of the worst of the DMCA, that is, if an honest judge ever hears a case (not a MPAA shill like Kaplan).
The way things are going organised lobbying, both from megacorps and political interest groups may well be the demise of the US Constitution. The former tend to attack the IP clause, 1st, 4th & 5th ammendments, the latter tending to go more for the 10th and 14th
Also all of these people are masters at making their motivation (be it prevention of "piracy" or protection of "minorities") appear completly reasonable.
All it should take is a smart lawyer arguing that digital is no different than analog, the only difference is that the IP cartels are LYING about it being different so as to flout the Constitution in ways they were smacked down on in cases relating to analog technology. Judges may be clueless with regard to technology, but they are DEFINATELY not clueless if informed that a "fast one" is being pulled on them.
Though they appear able to fool a lot more people than simply judges and lawyers. e.g. The USPO apparently taking the view that using a computer equates to innovation (even if the method involved predates Christ.) Let alone that the DMCA was apparently passed without even being read.
However, those who live elsewhere may not have the advantage of having a Constitution written by men who loathed overreaching government more than any other founders
However holding up any constitution as some kind of "holy document" rendres it worthless. The people who wrote the US constitution would probably have taken action at least 20 years ago (before things got to the point that sufficent action carried a high risk of civil war.)