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US Copyright Office Releases DMCA Advisory Report

snogwozzle writes: "The US Copyright Office's congressionally-mandated advisory report on the effect of the DMCA is in, and at first glance it doesn't look too good. They're against undoing the definition of temporary RAM buffer copies as possibly infringing (which Jessica Litman in Digital Copyright pegged as perhaps the central dirty trick in the DMCA as it opens the door to technical access control by publishers) is turned down, so is a first sale doctrine for digitally distributed works, and the DMCA's effect on fair use is called out of scope for the report. On the other hand, they think everyone should have a backup right for media bought in digital form, like we have for software." Keep in mind that this is only looking at the DMCA's effect on the "first sale doctrine" (once a work is sold to you, the copyright holder can't stop you from re-selling it) and on the legal right to make backup copies of a computer program.

253 comments

  1. DMCA Advisory by bonzoesc · · Score: 2
    The DMCA has been rated G for Good by the MPAA.
    The DMCA has been rated A for Awful by the US Copyright Office.

    Oh how I would like to see that happen.

  2. Too long to read.... by ckokotay · · Score: 1

    Could someone with a lot of time summarize this thing?

    --
    It does not matter what you do, it's wrong.
  3. Strange by nate1138 · · Score: 5, Insightful

    What I find Strange about this is that it says about halfway through that the Copyright office and the NTIA both issued a Notice of Inquiry (a request for public comment). In response to this notice, the recieved 30 comments. Only 30!!! How many people on slashdot alone has the DMCA brought to a raging boil?? A shitload. Why only 30 comments then?? Another example of how the bureaucracy that has taken over in this country makes it nearly impossible to take part in the process. How do you find out about things like this? I've written my congressman about the DMCA, but this may have been a better forum in which to voice these particular concerns... AAARRGH.

    --
    Where's my lobbyist? Right here.
    1. Re:Strange by Anonymous Coward · · Score: 0

      Just like the plans for that hyperspace bypass ;-)

    2. Re:Strange by simpleguy · · Score: 4, Redundant

      Thats the problem!

      People bitch about the DMCA on slashdot.
      Some even come up with good arguments why the DMCA is bad and their arguments are moderated up and everyone else agrees with their point of view.

      However, these readers fail to forward these same arguments to the people who need to read them.

      Same for the dmitry case. Lots of people have come up with ideas on what dmitry should do or should not do. DMITRY has bigger things to do than read slashdot! If you come up with ideas on how to help him, make sure your message gets to him or his lawyer. Getting modded to +5 here does not help him directly.

      Got any ideas how 2600 can fight back in the MPAA lawsuit? Email the ideas to them!

      So please, aside posting to slashdot, do the necessary to send your messages to the relevant people.

      Thank you.

    3. Re:Strange by Anonymous Coward · · Score: 0

      The automatic democracy idea is awesome!

    4. Re:Strange by Absynthe · · Score: 1

      I know damn well I wrote one...
      I'm positive it wasn't me and 29 other people.

    5. Re:Strange by Speare · · Score: 2

      Some have said that people didn't care, or that the PDF format required was onerous. That may be true.

      However, I imagine that the "only 30 comments" was more accurately described as "only 30 on-topic comments." Most slashdotter's response to the DMCA has to do with the copy control vs fari use aspects, and not the first-sale doctrine issues raised here.

      If the Copyright Office has divided up the response according to different aspects, the torrent of feedback received may find new life, or they may just open up for more feedback later.

      --
      [ .sig file not found ]
    6. Re:Strange by MindStalker · · Score: 1

      Are you sure you wern't under the influence of Absynth at the time? Hmm yummy stuff. :)

    7. Re:Strange by ChristTrekker · · Score: 2

      Precisely.

      I personally wrote 3 letters to my congressman last night on various issues. I have 2 more to go that I didn't get done. (I thought it better to break it up topically than overwhelm the guy with one big letter he wouldn't read.) If you don't like what the government is doing, tell them! Whining on Slashdot doesn't help at all.

    8. Re:Strange by Anonymous Coward · · Score: 0

      Yea I agree, but apparently whining to congressmen doesn't help either! Unless you got lots of cash to 'donate' *cough* *cough* your letters have no real influence.

      DONT BE FOOLED. Your representitives are not working for your best interest, they are working for their best interest.

    9. Re:Strange by Jaysyn · · Score: 1

      Is that a new techno act? LOL

      --
      There is a war going on for your mind.
    10. Re:Strange by Flower · · Score: 2
      Reading Section III I don't think it would have mattered if they received 5 comments or a thousand. Many of the arguements we've seen on slashdot are simply dismissed out of hand.

      Take the concept of digital first sale. The Copyright Office makes and maintains a firm distinction that first sale only covers the physical medium. Transmission of bits to your computer doesn't constitute a material copy of the work and instead falls under the copyright owner's ability to distribute said work. They repeatedly refer to Bobbs-Merrill and the legislative history of section 109 to support their assertion that first sale does not apply in this circumstance and arguements ranging from "progressing the arts and sciences" to "promoting access" are irrelevant.

      The legal status of digital copies in RAM also doesn't look too good. (dang this is a big document:) The CO asserts that obviously RAM is tangible and is pretty willing to accept that it is a fixed medium as well. This puts the rights of the copyright holder first as the copy in RAM could be used to reproduce the protected material. I'll have to read further for their conclusions.

      The problem, as I see it, is if the decision maker won't accept your axioms you lose the debate. From what I've read so far this is the case here. The problems people are pointing out simply aren't that big and the issues being raised aren't pertinent to the discussion at hand seems to be the recurring theme in the report.

      --
      I don't want knowledge. I want certainty. - Law, David Bowie
    11. Re:Strange by Anonymous Coward · · Score: 0

      I follow the DMCA news like a vulture follows a sick deer, but I never knew there was a comment deadline, or an opportunity for a specific letter writing campaign. It tells me that each member of congress isn't getting a DAILY bag of
      say, 1000 letters of protest, and that we have the government we deserve.

    12. Re:Strange by sealawyer · · Score: 2, Insightful

      It's important to note that only a relatively small range of DMCA effects were fair game for this exercise.

      After reading the responses to the comments that were submitted, I concluded that it really doesn't matter how many comments were received. Every argument I can come up with that is relevant to the topic was received and summarily dismissed with for the most part relatively poor arguments. Even where there was acknowledgement of a problem, the recommendation seemed to be to wait until the problem was big enough to more of a bother.

      If you are short on time for reading, I'd recommend skipping to the Evaluation and Recommendations" section. Most people are already familiar with the arguments summarized in the rest of the document anyway.

      These positions found in the report suggest that the Register of Copyrights is not your friend in this issue:

      1) You don't need the ability to back up software anymore because it's distributed on cdrom and the cdrom is your backup.

      2) Technological measures that tether e-books to a particular PC do interfere with first sale doctrine, but Congress should wait until the problem is more widespread. (Of course at that point we should expect intense lobbying from copyright holders)

      3) Arguments about using DVD's on non industry approved devices (like on a linux based pc) are akin to suggesting that consumers should be able to playing Betamax casettes on VHS players.

      4) The ultimate question is whether an equivalent to the first sale doctrine should be crafted to apply in the digital environment. (In other words this issue isn't about restoring rights at all, it's about whether we should create new ones at the copyright holders expense)

      I seems to me that the author of this paper was prepared to reject any argument. If more people had submitted responses, I suppose there is some chance one or more of the stupid responses the Register came up with might have been debunked, but I doubt it.

    13. Re:Strange by mad_clown · · Score: 2

      Well, you're blaming the lack of comments on the failure of the system. How about looking instead to the failure of the people to take part in the system? Sure, the DMCA brings many on /. 'to a boil', but how many people on /. actually 'put their money where their mouth is,' so to speak, and actually do something about the things they like to bitch and moan about? My guess would be a very low percentage. Clearly you have, since you've written your Congressman. I did the same thing, and he politely told me that he would 'look into the matter, and see how it plays out.' This coming from a Congressman who is well-known for his connection with his constituants (Peter DeFazio). Whether he ever did anything, I don't know, but hopefully whenever he sees a piece of news about the DMCA, he'll think of the letter that I wrote him and the complaints I raised.... who knows. At any rate, I don' think the system is at fault in this case... the people are, because they're lazy or unwilling to do anything more than rant and rave and preach to the choir, or simply unwilling to do anything at all.

      --
      "Cut word lines. Cut music lines. Smash the control images. Smash the control machine." - William S. Burroughs
    14. Re:Strange by Lonath · · Score: 1

      Now wait a fucking minute.

      Getting the bits sent to your computer doesn't constitute getting a "material" copy of the work,

      but having those same bits stored in RAM is considered a "tangible" copy in a fixed medium?

      ---->

    15. Re:Strange by jiheison · · Score: 2, Insightful

      I seems to me that the author of this paper was prepared to reject any argument.

      Exactly. In order for this excercise to be worth participating in, I would have to beleive that US Copyright Office and lawmakers actually care about representing my rights as a citizen over the interests of their corporate sponsorers. If that were the case, we wouldn't have the DMCA in the first place!

    16. Re:Strange by Flower · · Score: 2
      Yes. Ram is considered a physical medium being silicon and what-not. As long as the power is running you can have a copy of the work on a physical medium. What the CO mulls over is whether the copy in ram is of sufficient duration to be considered a fixed medium. The conclusion from my non-expert reading is they do find it to be fixed. The issue then becomes "is it infringing?" The answer according to the CO is that determination is on a case by case basis.

      This even extends to packet switched networks. Just because you are retaining bits and pieces of the work at a time, you are still distributing the entire work. The CO finds little justification for totally exempting ram copies but does conclude that there are industries which require protection such as software vendors who provide a program as a service. You download the program, use it, and then are done with it.

      I know 90+ pages is a big read but if you are actually interested in the subject I have to recommend going over Section III of this document. It is, imo, an easy read though some may beg to differ.

      --
      I don't want knowledge. I want certainty. - Law, David Bowie
    17. Re:Strange by cc_pirate · · Score: 1

      I (like many others I'm sure) did send comments. They were rejected out of hand because they weren't in PDF format. Given that I did not have access to any thing able to write in PDF at that time, I decided that they obviously weren't going to listen anyway and just gave up.

      I mean, plain text is as ubiquitous as you can get. Why the fsck would you need comments to be in PDF unless you are trying to limit the responses to those people or corporations who have the money to buy Adobe software to make PDFs?

      Lets face it. Our government has been bought. It's not by the people and for the people and of the people, it's by the corporations and for the corporations and of the corporations. And that won't change until we stop allowing legalized bribing of the parties through soft money.

      --

      "There are laws that enslave men, and laws that set them free. " - Sean Connery as King Arthur

    18. Re:Strange by bwt · · Score: 3, Insightful

      I sent mine in. In fact, the Copyright office cited to my comments serveral times.

      Unfortunately, they missed my entire point because they appear to view "first sale" completely incorrectly. First sale is the beginning of ownership of ordinary property by the purchaser. That comes with all property rights not specifically reserved to the copyight holder by laws made in accordance with the Constitution. Because the first Supreme Court case (Bobbs-Merrill v Straus) on the interplay between property rights and copyrights found that the right to sell your property was one such property right, the copyright fascists latched on to that precedent and equated the conclusion with the reasoning. Judge Kaplan did this and so does the Copyright Office.

      That view is profoundly wrong. One need look no farther than the plain text of section 109 and Supreme Court cases like PREI, INC. v. COLUMBIA PICTURES, 508 U.S. 49 (1993) to find the unsurprising idea that property rights entail more than just the right to sell. In particular, in PREI the Supreme Court agreed with the lower court that private viewing of movies is a first sale right that belongs to the owner of the copy, even when it occurs over the active objection copyright holder.

      This wasn't even an issue in the case, though. The issue was whether that fact was so obvious that Columbia's raising it was "sham" litigation. The fact that the Court granted certiori on that issue says a lot, even if they didn't ultimately decide that it was a sham.

      Isn't it interesting that no mention of this case is found in the Copyright Office's opinion, even though they explicitly consider the first sale rights of movie purchasers?

      Property rights actually are property rights, while intellectual property rights are not. The copyright fascists seems to get this backwards.

    19. Re:Strange by MonMotha · · Score: 1

      I see a few flaws in your logic here...

      1) The point of a backup is to have an ADDITIONAL COPY if the primary fails; the CD isn't your "backup copy" it's your "primary" or "original" copy, hence the need for the backup in the event of failure (stepping on CD, scratches, etc).

      2) Ok, I see a fair argument there, the government of today doesn't have the resources to deal with EVERYTHING, but that's not to say they should ignore it if the public doesn't want them to!

      3) You're comparing completely different (and incompatable) mediums to each other. This is more akin to Sony telling me I can't watch their VHS on my Pioneer VCR.

      4) This is at least partly valid, I won't critique this one :)

      Basically, you've fallen to what the MPAA/RIAA wants you to think. CD breaks? Buy a new one silly! I want you to watch that DVD on windows. Why? Because I said so.

      Anyway, just my $.02

      --MonMotha

    20. Re:Strange by ChristTrekker · · Score: 1

      I'm also considering a run for office in 2002. Maybe that will help make a difference.

    21. Re:Strange by Thing+1 · · Score: 1
      Getting modded to +5 here does not help him directly.

      True. However, why not have Jon Katz (chosen because he's already somewhat political; could be someone else, too) become a "Slashdot lobbyist" and gather the opinions of the Slashdot crowd.

      Yes, to have your voice count he'd have to obtain your real name and address, to show the politicians whose constituent you are. But it would be so much easier if, for each major issue, there was a story associated with it, which had a "poll" on it so we could give feedback. This feedback would then be transferred to our rulers.

      Similar to petitions. Hell, we could even call it "Slashdot Petitions".

      There's something similar at Vote.com , but it would be nice to have "the geek vote" tallied as well.

      --
      I feel fantastic, and I'm still alive.
    22. Re:Strange by Craig+Maloney · · Score: 2
      1. Obviously the author does not scratch CDs. Perhaps some steel wool, a malicious 13 year old, and some free time with the author's CD collection would change her mind.
      2. I can't imagine a committee coming up with a reasonable solution to this problem. Perhaps they'll allow three devices in the future.
      3. What if it was technologically feasable to create an adapter to allow playback of betamax tapes on VHS decks. Would marketing this adapter violate copyright? What if the adapter removed Macrovizion in order to allow a clearer picture. Would that violate copyright (note, I didn't mention using the defeating of Macrovision to make a copy, just to play back the tape).
      4. Personally, I stand behind the first sale doctrine until they can come up with doctrine that doesn't violate a consumers rights out of the box.
    23. Re:Strange by Anonymous Coward · · Score: 0

      That post you were refuting was simply quoting the arguments from the report. He didn't agree with them. You're preaching to the choir.

  4. DMCA by Ola+Paloma · · Score: 0, Redundant
    --
    232 Pages! I don't actually have to read the thing to take part in /. discusions, do I? Could somebod
    1. Re:DMCA by Anonymous Coward · · Score: 0

      fascinating, really.... probably the best comment I've read on Slashdot in ages! A big "TTPPPPHHH!!" in the face of you idiots who say the comments on Slashdot have been going downhill....

  5. Lots of items out of scope... convenient... by hillct · · Score: 2

    It's amazing how much of the really important issues are 'out of scope'. Certainly convenient for the authors of the report... I have to look back at the congressional mandate to see exactly what was requires. It seems this report if woefully lacking...

    OF course, in the areas in which we're all interested, there is some frightning stuff. I'm not sure I want to know about the office's interpretation of some of the other items...(cuz ignorance is bliss... - well, no we tried that from 1998 to 2000 when the DMCA went into effect)...

    --CTH

    --

    --Got Lists? | Top 95 Star Wars Line
    1. Re:Lots of items out of scope... convenient... by Anonymous Coward · · Score: 0

      Reminds me a lot of software development these days, where "out of scope" is a synonym with "probably too difficult for us to do".

      Right?

    2. Re:Lots of items out of scope... convenient... by Sawbones · · Score: 3, Interesting
      I thought that was odd too, this is the letter I wrote to my congression representatives (all three). It was actually a letter too. I typed it, but it cost me 33 cents of my hard earned money to get it to each of them. Somehow that seems to make worlds of difference over email letters. Anywhow, I hope everyone else will take the time to do it too. Letters don't have to be long or eliquent (as mine surely isn't) but hopefully it'll get the point across.
      ------------

      Dear Senator Murray,

      I am writing to you today to voice my concern over the Digital Millennium Copyright Act (DMCA). I am concerned that the central issue with the DMCA - my "fair use" access rights to information I have purchased - was deemed "out of scope" in the governmental report DMCA Section 104 Report released by the US Copyright Office in August 2001. As a user of the Linux operating system I have grown accustomed to using tools created by others, or creating my own, when no corporation has deemed it worthwhile to provide those tools for me - namely a means for watching DVD videos on my computer. Under the DMCA those tools, and my possession or others' creation of them has been deemed illegal. Likewise it is now illegal for me to make a safe backup of information or computer software - for my own use - if that backup should require a tool to access the information locked away by a company's copy protection scheme. I cannot count the hundreds to thousands of dollars in software I have lost because I was unable to make a safe backup copy of the discs I purchased only to have those discs corrupted or damage. As you can see this law unfairly infringes on my rights to legal access to information I have purchased. The DMCA also infringes on our scientists ability to do research as you can see by the actions taken against Princeton's professor Felton. Professor Felton has barred from presenting research on the nature of cryptography because the DMCA had rendered his actions while conducting research illegal.

      Ben Franklin said the price of freedom is eternal vigilance; I have no wish to stand by and watch as my rights are trampled on. I hope that I can count on your support to strike down or seriously amend this unjust and unlawful piece of legislation. If you have any questions for me or would like to know more about the public's stance on this law please feel free to contact me.

      Thank you.

      Your Constituent,

      --

      Ad in classifieds: Pandora's Box (no box) $5
  6. 232 pages, eek! by BillGodfrey · · Score: 2

    I don't actually have to read the thing to take part in /. discussions, do I?

    Bill, hasn't got the WPIconicSymbolsA font.

    1. Re:232 pages, eek! by Flower · · Score: 2
      If you check out the Executive summary section it explains what three issues are being dealt with in the report and a beakdown of each section of the report. From a very cursory read so far, they only cover the proposal for a initial digital first sale doctrine, an exemptoion for temporary incidental copies and the archival exemption. Section III looks to be the real meat of the report which has the Copyrights Office's recommendations. That reduces the report to slightly under 100 pages, fwiw.

      Not having read Section III yet, what bothers me is that it appears that since the content is "digital" first sale needs to be modified to accomendate the new media. I'm anxious to find out what they intend to do with it.

      Waiting for preview to load.... I started reading section III. Arguments regarding CSS as it affects section 109 are "without merit."

      --
      I don't want knowledge. I want certainty. - Law, David Bowie
    2. Re:232 pages, eek! by Pseudonym · · Score: 5, Funny
      I don't actually have to read the thing to take part in /. discussions, do I?

      That's never stopped anyone before.

      --
      sub f{($f)=@_;print"$f(q{$f});";}f(q{sub f{($f)=@_;print"$f(q{$f});";}f});
  7. Bad news can be good news by YIAAL · · Score: 4, Interesting

    This may actually be good news. There's a building sentiment that DMCA is horrible and should be repealed or reworked. The worst thing we could get would be a workaround that would be good enough to save DMCA as it is, but without fixing the main problems.

    1. Re:Bad news can be good news by Alien54 · · Score: 2
      There's a building sentiment that DMCA is horrible and should be repealed or reworked.

      only so long as the RIAA, the MPAA, and other related orgasnizations do not take this as an opportunity to turn the screws event tighter.Gotta watch the bastards.

      - - -
      Radio Free Nation
      a news site based on Slash Code
      "If You have a Story, We have a Soap Box"
      - - -

      --
      "It is a greater offense to steal men's labor, than their clothes"
    2. Re:Bad news can be good news by moheeb · · Score: 1

      We've already got TechTV on our side :)

  8. Write letters to Congressmen by Gothmolly · · Score: 2, Redundant

    This echoes the letters that I just sent to the 4 Congressmen for my state. Basically, besides the "Free Skylarov" message, I told them that you should have a right to the content of something you buy, and that converting its form for viewing on other platforms or making backups should not be illegal. Hence, if I own a DVD, I should be able to watch it on Linux. If I buy an eBook, I should be able to convert it, print it, or do whatever I want with it, provided, of course, that I don't redistribute or sell it. This isn't about piracy, its about having access to something you already paid for.

    --
    I want to delete my account but Slashdot doesn't allow it.
    1. Re:Write letters to Congressmen by boboroshi · · Score: 1
      The concern is, and rightfully so for copyright holders, how do you ensure that digital first use doesn't extend to x, y, or z. Currently, they take it too far (in the DMCA) and assume illegal use. This is not a good thing. But what's a solution that will, first, protect the rights of the copyright holders, and secondly, protect the rights of the users.

      This permeates all events in a digital medium , but the people who enforce it are ones who really don't feel the hurt as much as john q musician or small time content provider. They don't want their work on Napster unless they gave expressed permission. To them, selling a record means paying the rent (usually self funded projects.)

      in the sense of ebooks and libraries - what regulations could be in place to protect copyright holders (e.g., you can't KEEP a book from the library), but at the same time, allowing for fair use?

      We're at the begining, and the minutia are yet to be worked out. but does anyone have potentially viable solutions? links? anyone?

      --
      // john athayde
      # x@boboroshi.com
      # http://www.boboroshi.com/
    2. Re:Write letters to Congressmen by Anonymous Coward · · Score: 0
      as i see it, all of the potential problems you cite can be remedied in one simple way: enforce existing (pre-DMCA) copyright law. all of these illegal actions are covered by it! now the excuse most pro-DMCA content creators generally make for the DMCA is that without it, it is difficult or impossible to enforce due to the distributed and digital nature of the internet.

      my feeling is, tough shit. figure out a way to do it. i am not willing to give up what i view as other, basic freedoms so that you don't have to work so hard (here i'm referring to those who would normally enforce the law against copyright violations) to do your job. simple as that.

    3. Re:Write letters to Congressmen by OwnedByTwoCats · · Score: 1

      But what's a solution that will, first, protect the rights of the copyright holders, and secondly, protect the rights of the users.


      I think you have that backward.

    4. Re:Write letters to Congressmen by Mr.+Slippery · · Score: 2
      But what's a solution that will, first, protect the rights of the copyright holders, and secondly, protect the rights of the users.

      That's backwards.

      Copyright isn't a "right" in the sense of the "right" to free speech, or the "right" to bear arms. It is a artifical monooply granted by the state in order to promote the Progress of Science and useful Arts , not to protect some imagined "right" of an author to have absolute control over what other people do with something he wrote.

      We're at the begining, and the minutia are yet to be worked out. but does anyone have potentially viable solutions?

      Drop the notion of copyright entirely. Create a notion of right to royalties for commercial use of a work. This is, basically, the model used for performance of a musical work; I can sing "Dead Flowers" at home or at a party and not owe anyone a cent, but when I play it down at the bar (Leadbetters), Jagger and Richards get a cut (via BMI or ASCAP) of the evening's proceeds.

      Copying a digital work is now just as easy as singing a song, and trying to prevent it requires the sort of intrusive police-state tactics it would take to make sure no one hums an unauthorized song.

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
  9. Some relevant DMCA Links: by UM_Maverick · · Score: 4, Informative

    Before people go ranting and raving about the DMCA, take some time to poke around these sites:

    Full text of the DMCA (see section 1201)

    Legislative history of the DMCA

    Prof. Touretzky's page (lots of great resources here)

    General DMCA/DeCSS paper

    I'm sure that there's a bunch of other places where you can go grab some knowledge...if you have any good links, post them below, because I'd be interested in reading more...

    1. Re:Some relevant DMCA Links: by cananian · · Score: 2

      How about anti-dcma.org? The freesklyarov.org website (protests today btw, check it out) has a whole page of articles about the DMCA, including statements from Rep. Rick Boucher, and Brad Templeton (head of the EFF).

      --
      [ /. is too noisy already -- who needs a .sig? ]
    2. Re:Some relevant DMCA Links: by marcop · · Score: 2

      What does this mean (from the DMCA)?



      (e) Law Enforcement, Intelligence, and Other Government Activities.-This section does not prohibit any lawfully authorized investigative, protective, information security, or intelligence activity of an officer, agent, or employee of the United States, a State, or a political subdivision of a State, or a person acting pursuant to a contract with the United States, a State, or a political subdivision of a State. For purposes of this subsection, the term "information security" means activities carried out in order to identify and address the vulnerabilities of a government computer, computer system, or computer network.




      Does that mean that the law doesn't apply to the government? The paragraph says "does not prohibit..."; does not prohibit from what? Does not prohibit from using anticircumvention devices for investigation? If so, that throws out using ROT-13 to hide my sensitive data from government authorities. I would have hoped that wrapping my (copyright by default) data in simple encryption that the data could not be used against me if it was obtained without a warrant. Wasn't this what Aimster was trying to do?

    3. Re:Some relevant DMCA Links: by Anonymous Coward · · Score: 0

      kharma whore!

    4. Re:Some relevant DMCA Links: by Festival · · Score: 1

      I think the key part is "does not prohibit any lawfully authorized..."

      The search would be illegal without the search warrent, but with the search warrent they could break your encryption.

    5. Re:Some relevant DMCA Links: by aozilla · · Score: 1

      This section does not prohibit any lawfully authorized investigative, protective, information security, or intelligence activity of an officer, agent, or employee of the United States, a State, or a political subdivision of a State, or a person acting pursuant to a contract with the United States, a State, or a political subdivision of a State.


      The paragraph says "does not prohibit..."; does not prohibit from what?


      No from... "This paragraph does not prohibit any lawfully authorized...activity of [a bunch of possible activity-doers]."


      Does that mean that the law doesn't apply to the government?


      Yep, assuming by "the law" you mean section 1201 of the U.S. code (Circumvention of copyright protection systems).


      If so, that throws out using ROT-13 to hide my sensitive data from government authorities.


      Yep. It's a stupid thing to do anyway. Use real encryption if you want to hide something, not the law.

      --
      ok then your [sic] infringing on my copyright! Could you as [sic] me next time before STEALING my comments for your own?
    6. Re:Some relevant DMCA Links: by hearingaid · · Score: 2

      I don't know which section this is from. however, I can tell you what the subsection means, but a little more context would be nice.

      what this means is that government employees and persons working under contract to municipal, state or federal governments may engage in activities that would normally be prohibited by the other parts of that section (this where the context would be nice) if - and only if - they do so in the course of a lawfully authorized investigative, protective, information security, or intelligence activity. Lawfully authorized means that it has to be a cop (or reasonable facsimile), acting within jurisdiction; the local water works cannot decrypt your email, even if they know you're selling secrets to Iraq. At least.

      I'm not trained in American law. In some jurisdictions, lawfully authorized could be extended to mean "needs a warrant." Any American lawyers?

      --

      my old sig used to be funny, but then slashcode ate it and now it's not funny anymore

  10. Oh my sides.. by AppyPappy · · Score: 4, Insightful

    Rights? We don't have rights. We exchanged those old useless things for free school lunches and Medicare.

    The next time you get stopped at a DUI checkpoint and asked for your papers and destination, ask the uniform about your Fourth Amendment rights. You'll be grabbing the trunk and wishing you had kept quiet.

    Rights! You guys are so cute.

    --

    If you aren't part of the solution, there is good money to be made prolonging the problem

    1. Re:Oh my sides.. by gantzm · · Score: 1

      You can damn well bet if I get stopped at a 'checkpoint' there is going to be a scene. Government, at least here, is BY the people, OF the people, and FOR the people. The reason this shit happens is because people DON'T stand up for their rights, bunch of cows bein' led to slaughter.

      --


      Excessive forking causes un-wanted children.
    2. Re:Oh my sides.. by Anonymous Coward · · Score: 0

      What the hell do school lunches and medicare had to do with rights?

      Nothing. We sold our rights for "protection" from "terrorists", "drug dealers", "child pornographers", and, yes, "drunk drivers". A DUI checkpoint has nothing to do with medicare and everything to do with the idea that anything is allowed if it "protects the children."

    3. Re:Oh my sides.. by Anonymous Coward · · Score: 0

      Uh, yea. They just had to destroy the 4th for Medicare and free school lunches. What, do they need warrantless searches to see if you have more food or prescription drugs than these programs allow? More like the War on (some) Drugs which was launched to protect corporate interests. Welcome to the US of A where Free Market means government interference on big business's side. It's not the socialists you morons should be blaming, it's the so-called capitalists (mercantilists in wolves clothing). Get over the cold-war propaganda, remove your head from your ass, and think for yourself for a change.

    4. Re:Oh my sides.. by marcop · · Score: 2

      What does this mean (from the DMCA)?


      (e) Law Enforcement, Intelligence, and Other Government Activities.-This section does not prohibit any lawfully authorized investigative, protective, information security, or intelligence activity of an officer, agent, or employee of the United States, a State, or a political subdivision of a State, or a person acting pursuant to a contract with the United States, a State, or a political subdivision of a State. For purposes of this subsection, the term "information security" means activities carried out in order to identify and address the vulnerabilities of a government computer, computer system, or computer network.


      Does that mean that the law doesn't apply to the government? The paragraph says "does not prohibit..."; does not prohibit from what? Does not prohibit from using anticircumvention devices for investigation? If so, that throws out using ROT-13 to hide my sensitive data from government authorities. I would have hoped that wrapping my (copyright by default) data in simple encryption that the data could not be used against me if it was obtained without a warrant. Wasn't this what Aimster was trying to do?

    5. Re:Oh my sides.. by Amazing+Quantum+Man · · Score: 1

      Unfortunately, in CA, you don't have a choice. The law in CA explicitly states that driving is a privilige, not a right. In addition, the law states that when you drive a motor vehicle, you give "implied consent" to one of a blood, urine, or breath test for alcohol.

      Since in CA, driving is not a right, these restrictions are (technically) constitutional, and not in violation of the Fourth Amendment.

      Anti-Flame: I don't say I agree with this, but currently, that's the way it is.

      --
      Fascism starts when the efficiency of the government becomes more important than the rights of the people.
    6. Re:Oh my sides.. by Anonymous Coward · · Score: 0

      Sorry...This comment was meant for a previous post. It doesn't apply to "Oh my sides...". Please disregard.

    7. Re:Oh my sides.. by aonifer · · Score: 2

      The next time you get stopped at a DUI checkpoint and asked for your papers and destination, ask the uniform about your Fourth Amendment rights.

      Maybe my memory's a little faulty, but I seem to recall that the Supreme Court recently ruled this practice unconstitutional.

    8. Re:Oh my sides.. by oddjob · · Score: 1

      I don't think so, since I still see DUI checkpoints.

    9. Re:Oh my sides.. by Mr.+Slippery · · Score: 1
      We don't have rights. We exchanged those old useless things for free school lunches and Medicare.

      Non sequitor. Yes, many personal liberties are eroding, dangerously so. No, it has little or nothing to do with the pennies a day out of your daily $21 federal tax bill that go towards making sure the ruling class doesn't completely kill off those they exploit.

      The next time you get stopped at a DUI checkpoint and asked for your papers and destination, ask the uniform about your Fourth Amendment rights.

      "Papers", maybe, at least to the extent of your licence and registration. You could decline to show, but they could decline to grant you the priviledge of operating your vehicle on the public roads...it's a little iffy.

      Destination, though...I've never had a cop ask me where I was headed during a traffic stop, and I wouldn't answer if one did. That's my business, and I believe there's plenty of precedent on that issue. (They can ask, just like anyone else could ask "where ya headed?"; they just can't compel you to answer any more than anyone else could.)

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
    10. Re:Oh my sides.. by Anonymous Coward · · Score: 0

      Driving is a privilege. If it were a right you would not need a license.

  11. Reselling software by totallygeek · · Score: 5, Insightful
    A while back ('bout a year ago), I tried to sell my Windows NT 4.0 Server CD. I had the license sheet, and this was the original CD with the original casing. The Microsoft piracy folks on eBay cancelled my auction for this item, claiming that it might not be legal. So, I reposted it thinking maybe they overlooked something -- since this was original media -- nope, cancelled it again. Then, my eBay account was suspended. I wrote to eBay explaining the situation, and they put my account back as active (I have over 100 feedback, and have performed over 300 transactions).


    My next step was to email microsoft about this, and find out what was the problem. As it turns out, you cannot sell this particular software without the original box and install manuals. I explained that I have never kept a box, and the manuals are useless. So, I still have a Windows NT 4.0 CD that I will not use again, and am unable to sell it or transfer ownership to another company.


    I tell this only to let you all know that our abilities to resell items can be hindered by licensing. Legislation like DMCA will give unnecessary power to license-givers, and the consumer will suffer. Imagine if you are next told in your end-user license agreement that you can never resell the software you have purchased!

    1. Re:Reselling software by niall111 · · Score: 1

      I'll give you 50 bucks. Canadian.

    2. Re:Reselling software by Wiggin · · Score: 1

      Yeah, but that won't matter in a few years when all software is subscription based. there won't be anything to resell.

      sucks, doesn't it?

      --

      "I don't need a compass to tell me which way the wind shines." - Mr. Furious, Mystery Men
    3. Re:Reselling software by istartedi · · Score: 1, Flamebait

      Imagine if you are next told in your end-user license agreement that you can never resell the software you have purchased

      Well, if it's OEM that's already true. This is of course, so counterintuitive, so contrary to the way that commerce has been conducted for thousands of years, that few people even consider the possibility.

      I frequently come accross OEM Windows CDs at second-hand stores, flee markets, etc. The people who are selling them are usually not selling "warez" or other contraband. When the OEM clause is mentioned to them, they are usually shocked.

      I'm squarely against Microsoft on this particular point, but let's not single them out. Instead, let's make make restrictions against selling parts of a system illegal. The OEM, however, should be able to disclaim liability in such cases. Otherwise we would have people re-selling cars without brakes and then trying to sue General Motors. I can't think of any other real pitfalls in making the OEM clause illegal.

      --
      For all intensive purposes, "whom" is no longer a word. That begs the question, "who cares"?
    4. Re:Reselling software by rprycem · · Score: 1

      Hehehe. I won a 10 user license of NT 4.0 server about 4 years ago at a trade show. On the box it had a big sticker stating "Promotional copy not for resale".
      I promptly got a little steam going from the kettle and pulled the sticker of and sold it on E-Bay for $400. Who is to tell me I can't sell that. This was pre DMCA too, but I just don't understand how anyone could tell you not to sell that. I didn't even open the package. I think I ended up buying the sofa in my living room with that money too.
      Just stipulation but I bet you that Microsoft took a tax write off for $995 or what ever it is they where trying to sell NT for that year. Kinda a situation where in one instance they want it to hold value and the other instance they do not want it to hold value.

    5. Re:Reselling software by dpilot · · Score: 2

      You should feel lucky that Microsoft and the BSA didn't come after you and FORCE you to buy another copy of NT, to rectify your terrible mistake of not having the box or manuals. Weren't using it anyway? Doesn't matter. After all, Microsoft is careful about retain rights to the presentation of Windows to the user, and aren't the box and manuals just as important for presentation as the splash screen and Desktop?

      --
      The living have better things to do than to continue hating the dead.
    6. Re:Reselling software by Fujisawa+Sensei · · Score: 1

      Of course MS doesn't want to to sell it--they don't get a cut from it. You could probably sell the liscense on e-bay, and not even package the SW with it and it would be legal.

      --
      If someone is passing you on the right, you are an asshole for driving in the wrong lane.
    7. Re:Reselling software by Darkmeat · · Score: 1

      "Imagine if you are next told in your end-user license agreement that you can never resell the software you have purchased!"

      Actually, we've already started down that road. For example, you can not resell Everquest, it says so in the License Agreement. They can ban your account if they determine that it has been sold.

      --
      Fuck, even in the future nothin' works!
    8. Re:Reselling software by grahamm · · Score: 1

      Instead of claiming to be selling the software code plus a licence, could you not have just said that you were selling the physical CD (ie medium) plus a piece of paper?

    9. Re:Reselling software by ethereal · · Score: 1

      That doesn't make sense to me - if I bought a copy of a book, there's no law and no license that prevents me from selling it a page at a time, rather than all together. By the first sale doctrine, you should be able to sell your copy as little shards of pulverized plastic, a little round hat, or as Windows NT sans manuals. What legal control did Microsoft say that they had over you in this regard? Their EULA can only apply to your use of the software; I don't see how they can restrict your first-sale rights to resell any part of it.

      Now, if someone buys the medium without the license, that person would be in legal trouble if they still used the software, but I don't see how it's your responsibility to sell any media in a "manufacturer's recommended" configuration as long as you aren't selling extra copies of it.

      --

      Your right to not believe: Americans United for Separation of Church and

    10. Re:Reselling software by Anonymous Coward · · Score: 0

      Ever buy the Transcender tests for MCSE certification, or others? One of the biggest gripes is that their liscense specifically forbids reselling the program, and also forbids you allowing anyone else to use or even view the program on your computer. So even if you just got the program yesterday, installed it, and thought it was the best test preparation tool ever, you can't show it to a friend, because that violates your liscening agreement. Oh yeah, and it costs about $170 per set. One set for NT Server, one set for NT Workstation, one set for NT in the Enterprise, one set for Exchange Server, etc., at $170 each, and you can't resell them to get any of the money back.

      That of course is why so many people just pirate the damn stuff in the first place

    11. Re:Reselling software by aozilla · · Score: 2

      No, it's a good thing... It lets those who are using the software pay for it, and doesn't force them to pay for freeloaders who are copying it from their friends for free. Plus, and most importantly IMHO, it eliminates the need to have a law which half the country breaks, thus alleviating our court systems and law enforcement systems, and all around making people not have to choose between paying for other people's software and breaking the law.

      --
      ok then your [sic] infringing on my copyright! Could you as [sic] me next time before STEALING my comments for your own?
    12. Re:Reselling software by totallygeek · · Score: 1

      Instead of claiming to be selling the software code plus a licence, could you not have just said that you were selling the physical CD (ie medium) plus a piece of paper?


      Most likely, but after two yanks from eBay and a suspension, plus a revoke threat; I simply gave up. Microsoft wins again. I only bought the damn software (full retail I might add) to write a program with, and no longer needed after building my application. I no longer program for Windows, and do not support it, so I wanted to get rid of the software. The idea I got from Microsoft was that you never own the software, you just pay a lump sum to use it indefinately.

    13. Re:Reselling software by linzeal · · Score: 1
      Even evil well-lawyered and marketed behemoths make mistakes. Show me a single study that says .net or anything remotely like it will prosper, and I'll show you some dot-bomb industry journal that doesn't know any better. This shit is unproven if not untenable given americans slow but steady want for privacy when it suits them. Who the hell is going to allow microsoft or anyone else for that matter control of their OS as if it were a some 21st century dumb terminal?

      The future like it or not will not head towards server client but for the lack of a bettter term P2P. Think napster exploited the growing storage and bandwidth of the upcrop of americans? Wait till things like Edonkey2000 take hold and joe average citizen is warezing a cracked version of windows xp 2004.net.20042004 (All spyware removed enjoy).ace

      argghhhhh sheeesh

    14. Re:Reselling software by Twanfox · · Score: 1

      There's one problem to this, about reselling a sale, and Everquest is a good example of it. Buy the original program, buy the expansions. You cannot resell the expansions (with license) if you so wanted because once it becomes active upon your account (you used the included license upon your account), Verant (The company controlling Everquest + servers) would have had to write in a way to 'unhitch' that license from your account so you could resell it. They didn't. Once that license key is used, it's used and henseforth tied to the account it's on.

      One could still sell the account as a whole (including any/all expansions active on it), theoretically. I don't understand why some companies feel compelled to piss off customers like this, stating what you can and can't do with their software, as if they had some sort of far reaching grasp over their product once sold. No furnature company says what you can and can't do with their goods. No home builder says what you can and can't do in their house. Why is it primarily software companies that have this attitude?

    15. Re:Reselling software by Anonymous Coward · · Score: 0

      The license for Interplay's Baldur's Gate line all restrict you from lending, giving, selling, leasing, etc etc. It tries to completely negate your first sale rights. There are first sale restrictions on leasing of software, but giving and selling are still yours. Of course, only a court can say which takes precedence, copyright law, or agreed-to license.

    16. Re:Reselling software by Anonymous Coward · · Score: 0

      You can sell all the everquest CD's that you want. You can't sell your ACCOUNT. Thats covered under the EULA, cause that's use of the software.

    17. Re:Reselling software by Rick+the+Red · · Score: 4, Informative
      Imagine if you are next told in your end-user license agreement that you can never resell the software you have purchased!


      Your problem is that you still think you bought the software. You didn't. You bought a license to use that software. A non-transferable license. You're screwed.


      I don't have to imagine your example, because I ran into it in 1983, with my Zenith Z-100 (not the PC clone, the original Z-100, with the S-100 bus). All their software, including MS-DOS (they called it Z-DOS), was non-transferable. If I sold the hardware the buyer would have to go to Zenith for a new copy of DOS! What a bunch of crap, right? Perfectly legal, as I did not own the software, just a license to use it. I argued that the computer was useless without the operating system, but they claimed that it was not useless, since I could write my own code from scratch and get the BIOS to load it, just like it loads MS-DOS. I never bought another Zenith product again -- any Zenith product.

      --
      If all this should have a reason, we would be the last to know.
    18. Re:Reselling software by Anonymous Coward · · Score: 1, Informative
      Perfectly legal, as I did not own the software, just a license to use it.


      That's what they want you to think -- doesn't necessarily make it so. Such "licenses" have been struck down for, among other things, conflicting with Federal copyright law.

    19. Re:Reselling software by Steeltoe · · Score: 1

      That's what they want you to believe. What's from keeping people from making a HD-image to give to their friends? Never mind that CD-images is always necessary when you're not connected, so they can be copied too. Software cracks have existed for ages and will prevent other hoops.

      Not to mention that many of these so-called freeloaders don't have the money to spend in the first place, but they are important for the future skillbase and mindshare. If you count everything in dollars, then you've cut out a big part of reality.

      I'm for software subscription though. It will make companies realize how much they really spend on software, how much hassle it is and generally make open source/free software become more used for the tasks they're suited for.

      - Steeltoe

    20. Re:Reselling software by Steeltoe · · Score: 1

      I have a hard time digesting that companies can get full tax-refunds on their own software. If that's true, then that's a somewhat unlimited source of income. Each packaged copy costs less than 1/3 of $995 to produce. I mean, that's just too stupid, right? Ergo, it must be true ;-)

      - Steeltoe

    21. Re:Reselling software by King_TJ · · Score: 2, Informative

      Not to mention, did it clearly state on the outside of the package, that this limitation existed? I'm betting not!

      That's another big problem with the world of software. You don't even know what you're agreeing to until after you buy the product and unwrap it. Once you've done that, they tell you it's non-returnable since it's opened - and you're stuck, supposedly agreeing to all sorts of outrageous licensing terms.

      Have you ever examined the EULA for DeLorme Street Atlas products? I don't know about the latest version, but I've owned 2 versions of Street Atlas USA that both said it violated the license agreement to use the product with an unauthorized GPS device not manufactured by DeLorme! How many people bought this product to use with a 3rd. party generic GPS such as a Garmin, and *never* suspected that's not even allowed!

    22. Re:Reselling software by Rick+the+Red · · Score: 2
      Not to mention, did it clearly state on the outside of the package, that this limitation existed? I'm betting not!


      I'll take that bet! Sorry, you lose. The ONLY good thing Zenith did was print the license on the outside of the disk envelope. You had to read the license to open the envelope (pretty hard to claim you missed it). Microsoft used to do that, too, remember? But Microsoft said you could transfer the license if you transfered all disks and destroyed any backups. Zenith said you could transfer the license with their permission, but they never gave permission. I asked, they said no. Hard to believe anyone could be worse than Microsoft, eh?

      --
      If all this should have a reason, we would be the last to know.
  12. Washington Post by wiredog · · Score: 3, Informative

    The Washington Post article has quotes from the eff and American Library Association and a paragraph on Skylarov.

  13. The real pity is, it's NOT all that strange..... by Salgak1 · · Score: 1

    Having once been part of our fine gubbermint, I saw a lot of that. Notices were generally posted in places so obscure at to make the Hitchhiker's Guide seem like Open Government. You know, in the third sub-basement of a locked building, behind a door marked "beware of the jaguar". I admit having no specific knowledge of the case in point, but I've seen fixes like that put in many, many times. . ..

  14. Waste 15 bucks to rail against a fait accompli! by Anonymous Coward · · Score: 0

    I'm going to buy myself a Free Dmity Skylarov T-shirt from thinkgeek. I'm glad that the company donates less than half of the proceeds from the sale to freeing Dmitry.

    I can't wait to walk down the street in my Free Dmity Skylarov T-shirt, repelling the babes. It's not only pointless, it's ugly too! When people ask me, "Who's Dmitry Skylarov?" and I tell them, I can't wait to see their faces fall, as they realise they've wasted five minutes of their life on a listening to a total loser.

    I'm kissing my already pathetic social life goodbye. I'm buying a Free Dmity Skylarov T-shirt. Join me?

  15. The metaphors are breaking down... by daoine · · Score: 1
    I think the most positive thing to come out of this article is that at least the legislators are realizing that we currently have no metaphor linking the online world to the real world. They make several references to similar situations involving books/VCRs (especially when trying to pin down fair use) -- but also note where that real world metaphor breaks down.

    While I think the DMCA sucks as much as the next person, it is forcing people to come up with a way of thinking about online media, and forcing legislation to define things like fair-use and distribution in terms of things that aren't necessarily physical.

    1. Re:The metaphors are breaking down... by Anonymous Coward · · Score: 0
      While I think the DMCA sucks as much as the next person...

      I didn't realize the next person sucked that much.

  16. T-Shirts by CaffeineAddict2001 · · Score: 1

    Anyone made a t-shirt with the source code to crack ebooks on it? Maybe the source code on the front and "I READ STOLEN BOOKS" on the back. I bet those would be a hit..

    1. Re:T-Shirts by Sc00ter · · Score: 2
      the whole point is to make us not look like we steal stuff.. perhaps "I back-up my ebooks for my protection" would be better.

    2. Re:T-Shirts by Traicovn · · Score: 1

      There's a good comment. What about making back-ups? I saw a comment a while back from a user here on /. that said something about the ripping of cd's to mp3 and other audio formats. The user said something along the lines of 'Ford would not like it if was a situation where if you crash your car that you could just push a button and make yourself a new one.' Logically, this is true, however one must remember that if you have a car, you most likely have car insurance, and in many states you are required to have it. There is no insurance when you buy a CD from the local CD store, or if your computer crashes and you lose your ebooks. ripping to mp3's and backing up allows us to provide our own insurance. I think that that might not be a bad idea for record companies to look into, especially since not that big of a part of that 18.00 cd price goes to the artist. If my CD gets damaged, I should be able to mail it back to Sony/Columbia/BMG and get a replacement CD, shouldn't I?

      --

      [Something witty and intelligent should have appeared here.]
      {Traicovn}
    3. Re:T-Shirts by DavidTC · · Score: 1
      That whole analogy is incredibly stupid. While Ford may not like it, they have no legal right to stop you from using your magical car creation button.


      Companies would pretty much automatically prefer anything that makes them money. That doesn't mean they have a right to it.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    4. Re:T-Shirts by CaffeineAddict2001 · · Score: 1

      The entire premise that reading a book could be concidered a crime should strike people as absurd.. I guess not..

    5. Re:T-Shirts by BinaryC · · Score: 1

      then it should probably say, "i read illegal books" since saying "stolen" makes it look like you broke in to barnes & nobles at 3am, grabbed a few books, and ran out with them.

      --
      Ne Quid Nimis - All things in moderation
    6. Re:T-Shirts by Anonymous Coward · · Score: 0

      Some idiots could take that to mean you read books on how to create nuclear weapons, bombs, etc. I had a friend that refers to any pr0n mag more hard core than Playboy "illegal". Human stupidity won't be on your side there.

    7. Re:T-Shirts by CaffeineAddict2001 · · Score: 1

      The books are not illegal though... the act of reading the books you havn't payed to read is... "I illegally read books" perhaps.

    8. Re:T-Shirts by Anonymous Coward · · Score: 0

      It could also be interpreted as a reference to Stallman's "right to read" paper.

  17. Re:first post by linatux · · Score: 1

    so unhip it's a wonder your bum doesn't fall off!

  18. Try the Executive Summary. . . . by Anonymous Coward · · Score: 0

    That summarizes the rest of the doc in about 15 pages. . ..

    1. Re:Try the Executive Summary. . . . by istartedi · · Score: 1, Flamebait

      Link? Note to /. editors. It would be nice if you put [PDF, 830k] next to that link so that those of us who are either on a modem (that's me) or who don't have Acrobat (I wish that were me, but there are too many important PDFs I *have* to read. Oh, also the parenthetical text made the story difficult to follow.) could ignore it.

      --
      For all intensive purposes, "whom" is no longer a word. That begs the question, "who cares"?
    2. Re:Try the Executive Summary. . . . by Anonymous Coward · · Score: 0

      Can you not see the .pdf extension on the link you clicked on? It's not too hard to check what the link is sending you to before actually clicking on it, and it is probably a good idea to do so anyway.

  19. This is stupid... by Digital+Mage · · Score: 1


    They're against undoing the definition of temporary RAM buffer copies as possibly infringing.



    On the other hand, they think everyone should have a backup right for media bought in digital form, like we have for software.


    Now, what happens when I back up all my media into temporary RAM buffers. What about handheld devices that use only RAM to store data. *Sigh*...more evidence that the government is on autopilot.
    1. Re:This is stupid... by Sentry23 · · Score: 1

      As if a normal computer does a direct stream from media to display device.. and even if it would it would still go trough: storage device cache, several fifo's and possibly display buffer.

      in effect this makes running any piece of copyrighted material illegal (by the letter of the law).

      Still, the point is, that anybody ~could~ be found guilty for running copyrighted software.
      They never will sue on this ofcourse, but it gives the power to do as they see fit. With such a loose terming, anybody can be found guilty, if (s)he does anything to offend the 'big players'.
      THAT is my main concern.

      Any law should be reasonable, and not open for misinterpretation (woohoo big word) or left at the whims of the prosecution.

      Sentry23

  20. Maxwell Smart by Anonymous Coward · · Score: 0

    "Missed it by that much ."

  21. DMCA, the reasons, the misunderstandings. by Traicovn · · Score: 1

    I think perhaps a reason why there have been so many problems regarding the DMCA is it was written to broadly. Sure, it's great to see better copyright protection for items that are released in a digital world, yes it means that some of your freedom is taken away, but in most situations, the DMCA has been no different than regular copyright laws. It IS in fact ILLEGAL to trade music mp3's that are copies of originals that you do not own. The same goes for warez and other software. We live in a world where we wish everything was free, but it isn't. In some cases though, like in the whole reverse-engineering scheme of things, the DMCA is taken out of context. To say that I can't modify something that is my personal property is blasphemy. As long as I am not making an exact copy of your product, it shouldn't be a problem (and this is the patent offices division too) I guess that is another problem, too many departments and lawmakers in washington scrambling to protect the intellectual property of individuals, with good reason, while not exactly understanding what it is they are going out to protect. Now I don't want to say that they are all imbeciles or fools, but imagine trying to explain tons of material relating to IT to someone who is also being lobbyed from 12 different directions on one item. I guess that what I'm trying to say is that the DMCA, while it had it's good intentions, has turned out to be a bad egg. Unfortunately it's a law that is in place, and the only way we are going to be able to get rid of it is to flood our nations representatives on capitol hill and in the white house with letters explaining WHAT the problem is with the DMCA and HOW they need to go about fixing it. Just remember though, that intellectual property needs to be protected too. Open Source is great, but there are people out there who have to make money off of software, and so they sell their products, and musicians and writers must make their money also. Don't write Washington and say that they should make all warez and illegal mp3 trading legal, but do write them and try to guide their decisions in the right direction and explain exactly what things are to them.

    --

    [Something witty and intelligent should have appeared here.]
    {Traicovn}
    1. Re:DMCA, the reasons, the misunderstandings. by elmegil · · Score: 1
      As long as I am not making an exact copy of your product, it shouldn't be a problem.

      Obviously you haven't read the bits about "derivative works".

      --
      7 November 2006: The day Americans realized corruption and incompetence weren't addressing 11 September 2001
  22. The deadline was long, long ago by Anonymous Coward · · Score: 0

    SUMMARY: The United States Copyright Office and the National
    Telecommunications and Information Administration invite interested
    parties to submit comments on the effects of the amendments made by
    title 1 of the Digital Millennium Copyright Act, (``DMCA'') and the
    development of electronic commerce on the operation of sections 109 and
    117 of title 17, United States Code, and the relationship between
    existing and emerging technology and the operation of such sections.
    Section 104 of the DMCA directs the Register of Copyrights and the
    Assistant Secretary for Communications and Information of the
    Department of Commerce to submit to the Congress no later than 24
    months after the date of enactment a report evaluating the effects of
    the amendments made by title 1 of the Act and the development of
    electronic commerce and associated technology on the operation of
    sections 109 and 117 of title 17, United States Code, and the
    relationship between existing and emerging technology and the operation
    of those sections. This Federal Register Notice is intended to solicit
    comments from interested parties.

    DATES: Comments must be received by August 4, 2000. Reply comments must
    be received by September 5, 2000.

  23. RAM storage by steveo777 · · Score: 1
    I'm not sure about conversion algorythms, so someone tell me if I'm wrong. But wouldn't there not be enough of a particular bit of media in the RAM buffer to count as infringement? I mean, when I burn a backup CD with Service Pack 2 for windows, and winamp, winace and the like, I only have 4MB of buffer in the writer.

    Hey, if at the least, maybe a pair of ASCII quotes could surround all the code or music we decided to store or copy.

    --
    This sig isn't original enough, it's time to come up with something witty...
  24. Obviously, we didn't care by wiredog · · Score: 5, Insightful

    Copyright Office Needs Comments On DMCA By March 31
    Posted by timothy on Saturday March 18, @09:09PM
    from the calm-collected-rational-and-persuasive dept.

    1. Re:Obviously, we didn't care by Masem · · Score: 2, Informative
      I don't we didn't care.

      Moreso, the format that was required by the Copyright Office was PDF only, I believe, and this is typically not an easily print-to format for the casual user.

      The first comment of that thread was someone offering to PDF-replies for people, so at least someone extended the hand.

      The other thing: look at the time/date posted: late night on saturday. By the time the mass-monday rush comes around, that story's already off the front page.

      --
      "Pinky, you've left the lens cap of your mind on again." - P&TB
      "I can see my house from here!" - ST:
    2. Re:Obviously, we didn't care by dachshund · · Score: 1

      We cared enough to generate 100 posts on Slashdot. I for one wrote a comment, and I'll bet at least 10 other people did. So the rest of the world was only capable of generating 20 comments? Seems a bit broken to me. Seems like a single University's faculty could generate 30 comments if they'd been explicitly notified.

    3. Re:Obviously, we didn't care by demaria · · Score: 2

      Print it to postscript and then run the file through ps2pdf.

    4. Re:Obviously, we didn't care by Whyzzi · · Score: 1

      Didn't anyone read? It said Index of Initial Comments.

      Isn't there a good chance that there are more comments? Did anyone stop to think that the comments/list itself might be moderated?

      --
      "BSD is about people pissing each other.." (Moid Vallat)
    5. Re:Obviously, we didn't care by Anonymous Coward · · Score: 0
      Moreso, the format that was required by the Copyright Office was PDF only, I believe

      What the hell is it with the government and PDF, anyway? It's like they're in bed with Adobe or something.

    6. Re:Obviously, we didn't care by Anonymous Coward · · Score: 0

      Moreso, the format that was required by the Copyright Office was PDF only, I believe, and this is typically not an easily print-to format for the casual user.


      Exactly, we didn't care enough to use a different format... If you care about something you're not going to let something so stupid get in your way...


      Personally, I don't care so much about the DMCA. Until we eliminate copyright law itself, we might as well have laws which actually enable it to be enforced.

    7. Re:Obviously, we didn't care by dachshund · · Score: 3, Interesting
      It said Index of Initial Comments

      Yes, this cleared everything up for me.... ??

      Isn't there a good chance that there are more comments? Did anyone stop to think that the comments/list itself might be moderated?

      I think every single person who's thought about it has considered this possibility. Hence the disbelief at the tiny number of comments, when so many people must have posted.

      Any idea how this list was moderated? Provide some information and I'll love you for it.

    8. Re:Obviously, we didn't care by Danse · · Score: 1

      Until we eliminate copyright law itself, we might as well have laws which actually enable it to be enforced.


      You don't really understand the DMCA, do you?

      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    9. Re:Obviously, we didn't care by Anonymous Coward · · Score: 0

      I do care. If I had been informed of it the number of comments would have doubled. Where was EFF when this was announced?

    10. Re:Obviously, we didn't care by Apotsy · · Score: 3, Informative
      I've made submissions on these "call for public comments" things before, and they always get ignored. I jump through all the hoops, use PDF, format everything just the way they want ... and after I send my comments it's like they went down a black hole.

      Ever since I read that quote from the head of the U.S. Copyright office which said something like, "any time a big corporation said they wanted something, we gave it to them", I've understood that public comments are for show only. They do not listen to what people want, only companies. Sorry, I can't remember the exact quote, but it really was that blatant.

      Have no illusions. THe copyright office is a lapdog of the MPAA and RIAA. Public comments don't mean shit, even if you do manage to get them through.

  25. Why is this modded down as redundant? by Anonymous Coward · · Score: 0

    Post 2234479, which is similar, obviously comes after 2234470, so shouldn't 2234479 be modded down instead?

  26. license by Dirk+Stiletto · · Score: 1

    well, I haven't read all of it yet, but what I did read, sounded a lot like 'it's not the DMCA itself, but license agreements that are causing problems'. I believe it noted that when software is purchased, you only buy the rights to use not make an archival backup. If that's the case, perhaps DMCA isn't bad, just our whole license structure that needs reworking?

    --
    Do You Have Stairs In Your House?
  27. Analogy by t_allardyce · · Score: 1

    Don't know if anyone's said this yet...

    What if we were talking about water instead of data:
    There is an [almost] infinite amount of water (there are an infinite amount of combinations of binary sequences) and you needed a container (a cd,dvd,hd etc. vs. tank or cup) to store a decent amount (more than you could store in your cupped hands or remember in your head). Water is free to anyone - as long as its in a public place (the sea/oceans) if someone takes some water home thats fine, you can't get at it (if i write a document and store it on my computer you cant get at it). but they could get a simarlar amount of water. (yes i know the analogy isn't perfect). If someone starts selling water, generally they are selling the cost of transport (to tank it or pipe it to my home) plus whatever they've done to clean it. But if people start taking ownership of water by say colouring it with dye and taking legal action against anyone who tries to resell that water it would be mad. (watermarking data).

    There's all sorts of stuff i've left out of this, but generally if i come up (independently) with a random bin sequence which just happens to match someone else's copyrighted sequence how do you deal with it?

    -tfga

    --
    This comment does not represent the views or opinions of the user.
    1. Re:Analogy by DavidTC · · Score: 1
      Independently creating works that are copyrighted by other people is completely legal, unlike, say, patents, which the fact you came up with it yourself isn't an excuse.


      Good luck convincing a judge you magically came up with the exact bitsquence on the latest Chumbawumba album, though.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    2. Re:Analogy by rprycem · · Score: 1
      But if people start taking ownership of water by say colouring it with dye and taking legal action against anyone who tries to resell that water it would be mad. (watermarking data).

      Isn't this was Coca-Cola is? Coke is good. It dosent make me mad. Although I guess I can buy a bottle of coke and try to sell it to someone else and coke dosn't get mad at me for doing this.

      I don't know what I am talking about, I think I need more caffeen.

    3. Re:Analogy by mcelli · · Score: 1
      if i come up (independently) with a random bin sequence which just happens to match someone else's copyrighted sequence how do you deal with it?

      This statement is completely ridiculous. I will explain why in two ways:

      1) First, imagine data in it's thermodynamic sense. By creating data we are bringing order out of disorder. If you tune into a non-existant radio station, you hear disorder, when you tune into a real radio station, you hear order. According to thermodynamics, creating order from disorder (moving to a lower state of entropy) requires energy. You are paying for this energy that has been exerted, as more energy is required in this situation to create the order, not to distribute it.
      Statistically, for you to create this kind of order out of a random number would be infeasable. Plus you are misunderstanding that the bits are a description of the order. Simply put, computers are bad at describing order (think about the supercomputing needed for SETI@Home). You are good at it. If it sounds like it, then it is it. If it's copyrighted, then it's copyrighted. The medium is not the information.

      2) Secondly, from a common sense view, lets go back to the radio station. I dare you to listen to a radio station fuzz for hours and tell me when you hear Ooops I did it again or Beethoven's 9th. Not going to happen, the likelihood is infentismally small, and violates thermodynamic theory for information description.

      I hope you understand this, as I am sick of this nonsense. Those mp3s you downloaded...I promise you that none of them were created by a random number generator.

    4. Re:Analogy by t_allardyce · · Score: 1

      yeah, looking back, it was a shit analogy. I was just trying to be a karma whore..

      -tfga

      --
      This comment does not represent the views or opinions of the user.
  28. no surprises, unfortunately by elmegil · · Score: 2

    Since the US Copyright Office is pretty much a rubber stamp for industry negotiations over what the next copyright law will look like, allowing congress to abdicate their responsibility to protect the interests of the people, it should be no surprise to anyone that the report basically upholds the DMCA provisions. It's interesting how they claim that backup copies are exempt, but the law ought to be modified to explicitly prohibit sharing of these copies. Hell, at this point, it's prohibited to share the originals, so why bother?

    --
    7 November 2006: The day Americans realized corruption and incompetence weren't addressing 11 September 2001
  29. What do you want a revolution?? by Anonymous Coward · · Score: 0

    Hey, I don't know if you guys remember from history class or not, but our founding fathers started a war and people DIED because they didn't feel represented.

    Henry David Thoreau states in civil disobedience "If the injustice is part of the necessary friction of the machine of government, let it go" Basically don't support our current government. The people making our laws are drug addicts and suspected killers! I.E. people like condit and bush are telling us what is moral.

    so what should we do? maybe slashdot should start a political party. But for now, I think I'm gonna continue breaking the law where I see fit. Civil disobiedence is more effective than preaching on slashdot.

    1. Re:What do you want a revolution?? by Anonymous Coward · · Score: 0

      Very True.

    2. Re:What do you want a revolution?? by Anonymous Coward · · Score: 0

      Me too!

    3. Re:What do you want a revolution?? by Anonymous Coward · · Score: 0

      You want number 7.

  30. Who -prepared- this slop? by Wingchild · · Score: 5, Informative
    I found that section 117 also has a provision built in due to Title III in the DCMA that grants limited licensing transference to bodyshops that do work on your PC. If they turn on the computer, and software runs, they are not violating the licensing by not being the authorized users. This came up because one PC repair shop sued another when shop 2's technician turned on a computer and it booted windows -- which shop 2 didn't own and had no license for. Windows entering RAM was considered to be a copyright violation due to the licensing restrictions. The modification to Section 117 prevented this lawsuit from happening.

    But there are other concerns that are better, more poignant, as they impacts the emulation community. One court has held that Section 117 does not excuse the making of purported backup copies of a video game embodied in ROM, because that particular storage medium is not vulnerable to "damage by mechanical or electrical failure".

    Excuse me?? I've seen ROM chips blasted right off circuit boards due to voltage spikes. I know that the CDROM in my Playstation could easily get off-kilter and trash a CD beyond repair before I could stop it. But alas, this is the language of the law - dumping ROMs of any form is illegal because ROMs aren't killable, so thinks the court system.

    The report reads in a contradictory fashion. They solicit views from the public against the sections of the DCMA, then get opinions from copyright holders backing the DCMA. Even their own recommendations are contradictory! Example:

    1) The people writing the report feel that arguments against Section 1201 generally aren't valid (detailing the `first sale` doctrine - once a work is sold, you can do whatever you want to it [`disposition of the work`]). This section limits the rights of the copyright authors after a sale is made.

    The specific grievance they haul out is CSS/De-CSS. They feel that altering first sale priviledges to require that all devices be capable of playing DVDs would be like demanding that PCs could play VHS tapes -- when, clearly, this isn't the issue at hand. They reporting group intentionally misconstrues this in their report. Then they go on to say that while CSS and region encoding may well destroy a market for reselling the used DVDs due to limited playability, that this action is not covered as a right by the first sale doctrine, so nobody's really losing anything in the scope of this law.

    2) Not a half page later, the reporting group proceeds to state, -in writing-, that using encryption technology to tether a program or medium to a particular system a la WMV encryption. They state that copying a tethered copy onto a zip disk or CDRW is a useless exercise, since taking it to another system wouldn't work, regardless of whether or not you own the copyright to the media in question. This limits the ability to exercise control over the disposition of the work.

    The paper notes that this limitation halfway violates the first sale doctrine, because circumventing the tethering protection in order to exercise your rights under the first sale doctrine would entail violating section 1201 as amended by the DCMA.

    Does not CSS encoding and regional encoding tether your DVD to a particular player-type? If I carry my region-1 DVD to Asia, is it not preventing me from watching my licensed and owned DVD? Furthermore, if I seek to alter the disposition of the work - say, rip the DVD to MPG form so I can watch it on my computer - does not CSS encryption prevent me from exercising my rights under section 1201, as tethering technology does?

    I swear, the more I read, the more infuriated I become. And congress is -reading- this slop.

    As for making backup copies -- and circumventing copy protection to do so, which the DCMA prohibits -- the reporting group found that the ability to make or not make archival copies of software has little real impact on consumers as a whole. Thanks, guys - I'm not your average consumer.

    They state that, for one, most copy prohibition is due to the software license itself not allowing you to make copies, so Section 117 never comes into play, as you're limited before you ever even think about the Copyright Act. Next, they say that if the software has no copy protection or licensing restriction, you can go ahead and make your one archive copy -- as per 117. Third, they state that most software comes on CDROMs, and that CDROMs *are their own archive copy*. Remember, ROM media is not vulnerable to destruction via mechanical or electronic forces. I suppose they've never seen a CD scratched beyond all recognition. *shakes his head*

    The report is also loaded with obviousness.

    "The recent phenomenon of the popularity of using Napster to obtain unauthorized copies of works strongly suggests that some members of the public will infringe copyright when the likelihood of detection and punishment is low."

    Indeed. I wonder how much that little gem cost America's taxpayers to prepare.

    All in all, I'm highly disappointed in the scope of this report, the effort expended by the people who wrote it, and the recommendations they make. I suppose I'll simply have to continue being an outlaw; these laws do not suit my idea of my rights after the first sale doctrine has been applied.

    -
    Wingchild

    1. Re:Who -prepared- this slop? by Anonymous Coward · · Score: 1, Informative

      OK, you've made a nice argument about what's wrong with the damn thing. Now, for the love of God, write it down in a letter and mail it to your congressman. Please!

    2. Re:Who -prepared- this slop? by vtechpilot · · Score: 1
      I swear, the more I read, the more infuriated I become. And congress is -reading- this slop.


      What makes you think congressmen know how to read?
      --
      Slashdot is an anagram for Has Dolts, and I am Dolt number 468543
    3. Re:Who -prepared- this slop? by tecxnoir · · Score: 1

      I swear, the more I read, the more infuriated I become. And congress is -reading- this slop.

      Now that's an amusing concept ... congress actually taking the time to read reports like this. Muahahahaha!

      --
      TechNoir
    4. Re:Who -prepared- this slop? by grahamm · · Score: 1

      If the rule is "X may not be done because Y" and Y is False then the reasons for not allowing X are false, therefore the rule should be null and void and X should be allowed.

    5. Re:Who -prepared- this slop? by thejake316 · · Score: 1

      Congress is most certainly not reading this slop. Congressional aides are reading it (if we're lucky) and telling the legislayer how to vote. I'm convinced the courts are the last chance against this mess, and I don't have high hopes there. This country is turning into a police state before your eyes. That could be you behind bars awaiting trial for breaking rot-13, you've seen government abuses before your eyes in newspapers and on TV, the executive and legislative branches treat the Constitution as an inconvenience to be circumvented and you still think you can fix things by voting and demonstrating.

      --
      AC's cheerfully ignored
    6. Re:Who -prepared- this slop? by Dr.+Awktagon · · Score: 2

      The recent phenomenon of the popularity of using Napster to obtain unauthorized copies of works strongly suggests that some members of the public will infringe copyright when the likelihood of detection and punishment is low.

      Unfortunately, statements like that will be used to justify stronger and stronger punishments for less and less significant "crimes".

      This is the same country, remember, that will have a public school call the police when a 4th-grader points a piece of fried chicken at someone at lunchtime and goes "bang-bang".

      I can't wait to see the anti-copying police state they'll come up with in 5-10 years.

  31. It's already limiting resale... by Kjella · · Score: 5, Insightful

    ...because if I move with my Zone 2 collection to the US, 98% of the people there can't play my disc, if I tried selling them. Of course they can buy it and use it as a coaster if they like, but...

    What really pisses me of is Californian law. If I, a norwegian citizen, choose to exercise my right to transfer a DVD to a different medium (e.g. a CD) explicitly granted to me by norwegian law, on my property (my DVD record), in Norway, being under no contract (or AUP, or EULA) with anybody, you would think that is legal right?

    Wrong. Under Californian law, I can be sued there because it is considered an attack on the MPAAs interests which reside in California, to create a tool, *which is nessecerry to exercise my norwegian rights*, that can convert the DVD to a different format, because such a program must circumvent the copyright protection. In other word, I can be sued by a state in a *foreign* country for making a tool that *if* spread to foreign countries *could* be used for piracy.

    In fact, this is reducing my fair use rights, and everybody outside California's rights to those granted in California. I believe the DMCA to be blatantly unconstiutional in the US, but that is besides the point. I find the law to be violating national soverignity, by extending it's domain to the entire world.

    The only intern- and transnational courts I will answer to, are those granted authority by us, specifically the EU/EFTA-courts, and the international court in Haag. If I am ever arrested based on Californian law, I will consider them hired bandits acting for the MPAA under cover of practicing justice.

    Kjella

    --
    Live today, because you never know what tomorrow brings
    1. Re:It's already limiting resale... by daoine · · Score: 1
      Interestingly enough, though, there is a footnote on page 116 which states:

      ...purchasers outside North America who are willing to buy region 1 DVDs, that concern has nothing to do with section 1201. Section 1201...has no effect outside the United States. Consequently, a purchaser in Hong Kong could modify a region 6 player so that it could play a region 1 DVD without fear of any repercussions under section 1201.

      This kind of makes it a twisted double standard in more than one way. We can export region 1 DVDs, but can't import anything else. Because we're only going to enforce the DMCA inside the US...

      riiiiight...

    2. Re:It's already limiting resale... by KaiserSoze · · Score: 1
      Under Californian law, I can be sued there because it is considered an attack on the MPAAs interests which reside in California, to create a tool, *which is nessecerry to exercise my norwegian rights*, that can convert the DVD to a different format, because such a program must circumvent the copyright protection. In other word, I can be sued by a state in a *foreign* country for making a tool that *if* spread to foreign countries *could* be used for piracy.


      I just wanted to point out that the DMCA allows for YOU to write a program that decrypts YOUR DVDs so YOU can play them on YOUR dvd player. That is perfectly legal. But as soon as you disseminate or sell that program, its off to the poop deck with ye. This is where my major beef with the DMCA comes in: the various entertainment industries actually convinced Congress that, if people were pushed to the point where they absolutely needed to break the encryption to do something "legal" (and be sure the RIAA/MPAA included the quotes around legal), they could always figure out themselves how to write their own software for the job. Never mind that I have a com sci degree, and know a bit about how DVDs work and there's no way in hell I could write a program to do it. Obviously the public has that capability. C'mon, what do you take them for? Oh, wait... AOL... MSN...


      I wonder just how much Congress was purchased for? I mean, I would hope that they at least were able to pocket some of the money, because if all those bribes just went to campaign funding, that really pisses me off. I hope little Thurston Howell IV got some more for his post-collegiate yachting fund, or better yet, I hope a little bit of that money went to the Bush twins so they could get some good fake id's. I mean, c'mon!

      --

      "What we elect to call imagination is mere combination of things not heretofore combined." - Frank Norris

    3. Re:It's already limiting resale... by Amazing+Quantum+Man · · Score: 1

      . Because we're only going to enforce the DMCA inside the US...

      Tell that to Jon Johannsen. Tell it to Dmitry.

      --
      Fascism starts when the efficiency of the government becomes more important than the rights of the people.
    4. Re:It's already limiting resale... by Kjella · · Score: 2
      I just wanted to point out that the DMCA allows for YOU to write a program that decrypts YOUR DVDs so YOU can play them on YOUR dvd player. That is perfectly legal. But as soon as you disseminate or sell that program, its off to the poop deck with ye.

      Point taken. But disseminating (and maybe selling too, haven't checked) that program is still legal within norwegian borders, according to norwegian law. My biggest gripe isn't with the DMCA itself, USA can make whatever draconian laws they choose as I don't live there, but my point is that they're making it an international law.

      Kjella
      --
      Live today, because you never know what tomorrow brings
    5. Re:It's already limiting resale... by KaiserSoze · · Score: 1
      USA can make whatever draconian laws they choose as I don't live there, but my point is that they're making it an international law


      Right, I was actually going to point out in my post that none of the DMCA legally does or in practice should apply to you, but I guess I forgot to add that part. sorry.


      USA does make some of their laws pretty draconian though. yup.

      --

      "What we elect to call imagination is mere combination of things not heretofore combined." - Frank Norris

    6. Re:It's already limiting resale... by sklib · · Score: 1

      California's system seems inconsistent. If we compare software piracy to drug posession, marijuana is legal in amsterdam, for example, but illegal in california. So just because someone can hide some dope in their buttcrack, get on the plane, and bring it to cal doesn't mean it's illegal to do in amsterdam... so I don't get it.
      the whole thing smells badly.

      --
      -S
    7. Re:It's already limiting resale... by Anonymous Coward · · Score: 0

      Im not sure I got all the info on this, but, the case with Dimitri, he made something that was legal in his country, but was arrested for "selling" it on USA. This was basically because you could get the SW over the Internet.
      If I make an app. that is legal in my country, but it is illegal in the states, and then some guy from LA, comes down to my country, buys the SW and goes back. If I go to the US, can I be found guilty under the DMCA?
      By the way, Im from Central America, were we pretty much suck up to whatever you guys do, so its possible the DMCA will be applicable down here too.:)

  32. Bad news can be simply bad news by Flower · · Score: 5, Insightful
    I've gotten through a mere two pages of Section III on the report and, for the issues it covers, I'm not very pleased. It isn't very forward thinking. Issues like tethering a document to a specific device do have tepid warnings that they could affect a consumer's rights but then sidestep the issue by saying there is so little of the practice going on that the effect is minimal.

    CSS and first sale issues are completely ripped apart. They argue that the requirement to view DVDs on non-licensed devices is akin to requiring VHS tapes to be watched on Beta machines. The analogy is so poor and revealing of how clueless the Copyright Office is to the issue that it makes me despair.

    So far the report has been, imnsho, uninsightful and focused on the here and now. The DMCA is doing what it is "supposed to be doing" and all that hippy protest stuff isn't very relevent. This is what your congress-critter is going to get out of this report after it is digested by some staff member. I reserve the right to change my opinion once I'm done with the other 98 percent of Section III but my initial reaction is no, this is bad news.

    --
    I don't want knowledge. I want certainty. - Law, David Bowie
    1. Re:Bad news can be simply bad news by MaxwellStreet · · Score: 1
      When you read stuff like this, it really makes you wonder whether or not they are just borrowing verbiage/arguments from the very people that ramrodded the DMCA through.

      I mean, I'm sure that the MPAA/RIAA/intellectual-property-nazi-du-jour would love to have legislators believe that it's a VHS-Betamax issue, or document-tethering is uncommon today so it should be ignored.

      Legislation is drafted by corporations for government rubber-stamping; this smells awfully like the same thing happening at the review phase.

      I mean, if you can't trust your congressman, can you really trust the copyright office?

  33. Automatic Democracy - An Idea by Anonymous Coward · · Score: 0

    Here's an idea, if the slashdot guys are willing to implement it. Imagine if for certain stories on special topics, such as the DMCA stories, that the rating system was hardwired to individually email the top rated posts to certain email addresses. Many government agencies have Comment Periods where people can email or send comments to be attached to the reports they generate. This is also true of mergers and many of the topics that come before the FCC. What if the top rated posts on individual stories were automatically mailed to these email addresses? This would mean that someone would need to track what comment periods are available, and attach these email addresses to the articles in question. The system could also first send an email to the person that posted the message, asking them if they want to modify or clean up their message in any way; if they don't email back that they don't want to send the message or if they don't change the message, the message would be automatically fired off to the senator or comment period email address.

    Automatic democracy, imagine that. :)

    Brad Neuberg

    1. Re:Automatic Democracy - An Idea by MindStalker · · Score: 1

      One, people on here got very pissed about their postings being copied into John Katz books without permissions, they would equally get pissed about this, so you need a disclaimer. Two, some humorus stupid stuff gets modded to 5 and you really don't want those messages forwarded either.

    2. Re:Automatic Democracy - An Idea by aozilla · · Score: 3, Interesting

      I don't like this idea at all. Too many of the 5 posts are complete crap which know not what they're talking about. Take the Dmitry case for instance. I've seen far too many 5, Insightful, posts about how it's so horrible that he was arrested for giving a speech. Of course anyone actually following the case knows that the speech had nothing to do with the indictment. The proper way to get insightful posts to the proper people is A) for the person who wrote them to also write to the appropriate people and B) for others with the same viewpoint to read those posts and incorporate them into their comments.


      Forcing people to post in PDF format was a good thing. It helped separate those who actually had insight into the situation from those "click me if you disagree with the DMCA and I'll automatically send a letter to congress for you". The U.S. was set up to avoid democracy where every person is expected to give their vote on every opinion. Congress is there to hear the facts and to make their own opinions, and the voice of the people comes at election time.


      If you have facts, by all means present them to your congresscritters. But spamming them with "Me Too" letters does nothing more than decrease the signal/noise ratio and keep them from making the right decisions. If they cared about your opinion they'd look at polls, or start their own.

      --
      ok then your [sic] infringing on my copyright! Could you as [sic] me next time before STEALING my comments for your own?
    3. Re:Automatic Democracy - An Idea by Anonymous Coward · · Score: 0
      I've seen far too many 5, Insightful, posts about how it's so horrible that he was arrested for giving a speech. Of course anyone actually following the case knows that the speech had nothing to do with the indictment.

      *BZZT* wrong answer, thank you for playing our game.

      Dmitry WAS arrested for giving a speech. Whether the arrest warrent said so or not is irrelevant.

      Proof:

      He did not sell any software. The software was sold by his employer.

      If the crime was for selling the software, why was his boss not arrested as well? (His boss was with him when he was arrested.)

      If he was arrested for trafficking, why was the US broker (that handled the transaction) not arrested?

      If the crime was trafficking, why was the US broker not arrested when the crime was actually committed instead of months afterward?

      The arrest warrant may have said that he was arrested for trafficking, but logic proves otherwise.

    4. Re:Automatic Democracy - An Idea by aozilla · · Score: 3, Informative

      I've seen far too many 5, Insightful, posts about how it's so horrible that he was arrested for giving a speech. Of course anyone actually following the case knows that the speech had nothing to do with the indictment.


      *BZZT* wrong answer, thank you for playing our game.


      I knew some bozo like you was going to say that, which is exactly why I used the word "indictment" and not "arrest".


      He did not sell any software. The software was sold by his employer.


      Dmitry is listed on that software as the copyright holder of the software. Elcomsoft is merely a distributor.


      If the crime was for selling the software, why was his boss not arrested as well?


      1) Because they didn't have an arrest warrant for his boss, probably because 2) Because his boss was not listed as the copyright holder of the software and/or 3) Because they did not know his boss was going to be in the country.


      If he was arrested for trafficking, why was the US broker (that handled the transaction) not arrested?


      Because the US broker did not do so willfully, and stopped as soon as it found out about it.


      If the crime was trafficking, why was the US broker not arrested when the crime was actually committed instead of months afterward?


      Because he wasn't in the country, Russia would never have extridited, and he wasn't a big of enough deal to risk American lives to go over to Russia and capture.


      The arrest warrant may have said that he was arrested for trafficking, but logic proves otherwise.


      I'm not so sure about that... Adobe was trying to stop him long before they even knew about the speech. But I'll certainly agree that giving the speech pissed off Adobe and the government, perhaps enough to convince them to make the arrest where they otherwise wouldn't have. But that's just the way things work in this country. If I'm speeding and I get pulled over, and when I get pulled over I explain to the cop that I was going to a convention where I am going to give a speech on how to get out of traffic tickets, the cop is going to be much more likely to give me a speeding ticket. That doesn't mean I got the ticket for giving a speech, it just means I pissed the wrong person off and they found a way to get back at me.

      --
      ok then your [sic] infringing on my copyright! Could you as [sic] me next time before STEALING my comments for your own?
    5. Re:Automatic Democracy - An Idea by frost22 · · Score: 1

      Forcing people to post in PDF format was a good thing

      It is utter hogwash. Think of an Artist, or a housewife, or somebody who has not even a remote technical clue. How is such a person supposed to generate PDFs ? The only way is shelling out bick bucks to Adobe.

      The is a thing called "American Standard Code for Information Interchange". It's got that name for a reason.

      f.
      --
      ...and here I stand, with all my lore, poor fool, no wiser than before.
  34. It figures... by TrollMan+5000 · · Score: 1

    That this document concerning the DMCA is in .pdf format, the format of Adobe Acrobat!

    But seriously, undoing the non-infringement of temporary RAM-buffer is nonsense, because any internet surfing woiuld be deemed illegal under the DMCA. And how would they enforce it, since internet usage is so widespread?

    Copyright control is out of control.

  35. could it be by ArchieBunker · · Score: 1

    People here are all talk and no action? How many people would even know how to file the comment or take the time to do so. Don't automatically suspect a conspiracy.

    --
    Only the State obtains its revenue by coercion. - Murray Rothbard
  36. Sell it OEM style by ArchieBunker · · Score: 1

    If you sell the cd with a DEAD hard drive that meets the requirements for selling OEM copies of Windows and MS office. Although you probably won't get much for NT4 these days.

    --
    Only the State obtains its revenue by coercion. - Murray Rothbard
  37. The Goal of the US Government by vbrtrmn · · Score: 0, Flamebait

    After tuning into the news for the last few years, with the insurection of geeks in schools, arrests via the DMCA, Bush's minimal support for stem cell research. The only thing I can see is a government who is trying to push it's intellectual community away. Once the members of this community get fed up with the laws that are being placed against them, the most logical course would be to move to a country which supports them. This is good for the government, because it is easier to control a ship of fools.

    --
    it's a sig, wtf?
  38. It's a brave new world by Xaleth+Nuada · · Score: 2, Insightful

    And Digital Media is not the same as tangible items.

    "Digital transmission of a work does not implicate the alienability of a physical artifact. When a work is transmitted, the sender is not exercising common-law dominion over an item of personal property; he is exercising the central copyright right of reproduction with respect to the intangible work. Conversely, the copyright owner's reproduction right does not interfere at all with the ability of the owner of the physical copy to dispose of ownership or possession of that copy, since the first sale doctrine applies fully with respect to the tangible object (e.g., the user's hard drive) in which the work is embodied."

    In other words when you copy anything in a digital form it's not only as good as the original it's IDENTICAL. Which means...

    "The concerns that animate the first sale doctrine do not apply to the transmission of works in digital form."

    I.E. Fair use laws DO NOT apply in terms of digital media.

    --

    I read Slashdot for the .sigs
  39. It's not us, it's them... by Anonymous Coward · · Score: 0

    I'm no executive, but the executive summary was enough for me.
    What is, in my opinion, the most frightening is :

    I. BACKGROUND
    A. THE DIGITAL MILLENNIUM COPYRIGHT ACT
    The World Intellectual Property Organization (WIPO) treaties were the impetus for the
    U.S. legislation. In order to facilitate the development of electronic commerce in the digital age,
    Congress implemented the WIPO treaties by enacting legislation to address those treaty
    obligations that were not adequately addressed under existing U.S. law. Legal prohibitions
    against circumvention of technological protection measures employed by copyright owners to
    protect their works, and against the removal or alteration of copyright management information,
    were required in order to implement U.S. treaty obligations.

    So, clearly, according to them, DMCA is only mandatory, cause of the WIPO.
    But who control WIPO(, and as such, the fact that a law must be enacted that violate first amendment)?

    American friends, don't say f..k those foreigners, we do what we want, because us, foreigner, don't want this either. If slashdot is to become a political force, as some suggest, you must understand what we already know in Europe, governement are only puppets in the hands of corporations, importants decisions are never local, but in the interest of the "free market".
    Real target are more the likes of G8, Davos, Berne convention, Munich Treaty...
    Now, find an elegant mean of expression for those, and it can be interresting. And dont forget to mail your congressman, he can still take important decision, perhaps .

  40. Clueless or Evil??? by JohnDenver · · Score: 2, Interesting

    They argue that the requirement to view DVDs on non-licensed devices is akin to requiring VHS tapes to be watched on Beta machines. The analogy is so poor and revealing of how clueless the Copyright Office is to the issue that it makes me despair.

    If I was evil, I'd use the exact same analogy to the anti-DMCA sentiment come off as petty liberal sticklers.

    I appreciate anything that vindicates my apathy for your petty little freedom to write compatable software. Who are you to tell me what you can do with my copyrighted material? It's my right to be able to securly distribute my copyrighted material without the fear it's going to be Napsterized.

    Try playing the Devil's advocate and see how easy it is to not give a shit about details when you're trying to manipulate the public.

    --
    "Communism is like having one [local] phone company " - Lenny Bruce
    1. Re:Clueless or Evil??? by Otterley · · Score: 1

      Wrong -- prior to the DMCA you only had a right to sue someone for copyright infringement. Thanks to Congress the DMCA has given you extra, heretofore unthinkable rights to control who may analyze, disassemble and modify the bits that represent your work.

      Even if the DMCA were repealed (which I hope, though I don't believe, it will be) you wouldn't lose your right to sue for copyright infringement.

      Not all of us believe that people should be allowed to benefit from the fruits others' work without compensation (unless, of course, the work is given away). Being anti-DMCA doesn't mean we are anti-copyright. We're merely pointing out the difference between preventing crime (which we don't believe is the state's job in a free society) and prosecuting crime (which is the state's job).

  41. RAM storage by rprycem · · Score: 1
    Well when I go to the next firebrand book burning I will take every portable CD player I can find with the 30-second antiskip buffer. These devices are obviously satanic and deserve the fiery death that they will get. I urge all patriotic defenders of Metalickca, P Diddly Doodle, and the Backside Boys to join me in this defense of the American way.

  42. Complete grammatical nincompoop by sudog · · Score: 0, Offtopic

    Am I the only one that this Slashdot story makes almost no sense whatsoever to? The sentence doesn't even syntactically pick up where it left off before the huge parentheses aside!

    Good grief! What the heck are you trying to say, you goofy Slashdot posters?

  43. Fair use for software backups? by T300bps · · Score: 1

    On the other hand, they think everyone should have a backup right for media bought in digital form, like we have for software.

    Not that any government agency bothers to enforce my fair use rights. I've got two or three fucked 'backups' (read: CD copy protection prevented me from excercising fair use rights) here on my table to prove it.

    Ironically, the only company I can think of offhand that explicitly gives users the right to make backup copies of their software is Microsoft.

    T3/Dev
    Goodbye karma.

    1. Re:Fair use for software backups? by esper_child · · Score: 1

      well, they charge more than enough for their software, for their prices i should be able to get twice as much crap as they give me. Oh wait, was there a reason i would want a back up of any of their products to begin with when i can just find a free solution instead?

  44. A couple of tiny good points by dinotrac · · Score: 2, Informative

    Some good with the bad:

    1. The copyright office recognizes that backups are often done on a "whole device" basis, data and all. The current archival exception doesn't actually protect this right -- it covers only computer programs. Although there is a good case for finding fair use, the CO recommends a statutory change protecting the right to do backups this way.

    2. Though against a wholesale exemption of RAM copies as infringement, the CO supports special legislative exemption for streaming reproduction of licensed digital works.
    Though carefully worded and limited, any official support for a right to make temporary buffer copies that are essential to the purpose of using properly licensed works for their fundamental purpose is a good thing.

  45. Must "circumvention devices" be software? by brlewis · · Score: 2

    Question for people who've actually read the DMCA. If I sell house door locks and don't tell people that I have a master key for all their houses, can I sue anyone who squeals for violating the DMCA? After all, there are books, videos, and other copyrighted materials in people's houses, so such knowledge could be used for copyright violation. Could someone who's actually looked at the DMCA give a pointer to the relevant part?

    1. Re:Must "circumvention devices" be software? by Anonymous Coward · · Score: 0

      WHY DONT YOU ASK THIS FROM A SENATOR OR LEGISLATOR ?!?

      Posting on slashdot doesnt do any good!

      Nobody here supports the DMCA anyway.

      Libraries would be banned by the present congress if people thought of the idea today!

    2. Re:Must "circumvention devices" be software? by brlewis · · Score: 2

      Why do I ask here? Because I want an answer before I talk to others and sound ignorant. I'm not just posting on slashdot. I handed out flyers and got petition signatures in Boston today. Having an answer to my question would help me talk about the DMCA more intelligently.

    3. Re:Must "circumvention devices" be software? by hearingaid · · Score: 2

      Circumvention devices do not have to be software. An interesting point: The most common circumvention device available today is not DeCSS; it's a CD burner. CD burners got to be too common though; I suspect they're illegal under DMCA. The argument against is that they do have a lot of non-infringing uses. However, most burners, especially cheaper ones: this would be questionable at best.

      Your specific example is not so good. I believe that in most jurisdictions, locksmiths are legally required to keep master keys: or at least they're allowed to, and they commonly do. Therefore, the squealer would not be revealing secrets: no consequences. Shouting fire in the middle of a forest fire is legal. :)

      --

      my old sig used to be funny, but then slashcode ate it and now it's not funny anymore

  46. It is already limiting sale. by rprycem · · Score: 1
    I have a pen pal in France. Occasionaly I send her gifts. A few times I have wanted to send her a movie. Not always something new eaither. Just imagin a French girl watching the Blues Brothers. But because of all of this zone crap I haven't even attempted. Now I know I could try to find a zone 2 disk of a movie to send to her, or try to find a no Zoned disk... but I don't really want to go thru all that trouble.

    And I know the MPAA cares about lost sales. They have lost AT LEAST A WHOLE $50 from me ;-)

    1. Re:It is already limiting sale. by Dacobi · · Score: 1
      I have a pen pal in France. Occasionaly I send her gifts. A few times I have wanted to send her a movie. Not always something new eaither. Just imagin a French girl watching the Blues Brothers. But because of all of this zone crap I haven't even attempted. Now I know I could try to find a zone 2 disk of a movie to send to her, or try to find a no Zoned disk... but I don't really want to go thru all that trouble.

      Actually most DVD players in Europe are region free. In Denmark they are anyway.

      By the way, what's so funny about a French girl watching the Blues Brothers?
      Is this some sort of "sick" American joke??? :)

      --
      .NOT
  47. i dont get it !!! by Anonymous Coward · · Score: 0

    Excuse my ignorance as a german, but is that what america understands as 'the country of the free'?

    1. Re:i dont get it !!! by esper_child · · Score: 1

      we were "the country of the free", now we are more or less "the country of the not-so-free". I hear they are aiming for "The country with less freedom than China". if we don't protect our freedom we loose it. If we don't know about freedoms that we have (and a lot of the people out there don't) we will lose them with out knowing that we needed to fight for them. Instead of sitting on our asses in here we should be out there (in all countries) trying to keep things like this from happening. The old saying is true, The price of freedom is eternal vidulance (sp?). If we stop watching what they are doing someone is going to come by and swipe freedom from us. It is the nature of governments to in the end control the people, how they do it is what makes each governing type different.

  48. My letter to the Office by Windrip · · Score: 1
    To Whom It May Concern:


    IN the "sec-104-report-vol-1.pdf", page xix, you blurted: "Physical copies degrade with time; digital information does not."


    This is wrong in so many ways. Clearly, the bits under discussion do not spontaneously mutate between one and zero. However, this is the functional equivalent of saying that two does not spontaneously mutate to three. Bits do not exist independently of the media upon which they are recorded. Numbers do not exist independently either. If you doubt this, please pick up a two and compare it to a three. I've recorded my address above. Please send me the results of your comparison.


    Since bits do not exist independently of the media upon which they are recorded, it is disingenuous to suggest that "Works in digital information can be reproduced flawlessly..." Please contact the U.S. Census office. Ask them for Census information recorded from 1960 census. Consider carefully their answer. Please contact the Smithsonian Museum. Perhaps they can explain the digital archive process. Consider their answer.

  49. Senator Feinstein's (CA) response to me abot DMCA by TornSheetMetal · · Score: 5, Informative

    I wrote my Senator complaining about the DMCA a month or so ago and here's the response I got. It doesn't look good.


    Dear Mr Keal:

    Thank you for writing to me about the Digital Millennium
    Copyright Act.

    I have always believed that the protection of intellectual
    property rights is as important as the protection of any other
    property right. Moreover, the protection of intellectual property is
    vital to a flourishing economy -- particularly in California.
    America's music, movie, and software industries are second to
    none, and we export far more intellectual property than we import.
    This is good for employment, and good for consumers.

    Without strong copyright protections, the incentive to
    innovate would be diminished. In fact, this issue was so important
    to the Founding Fathers that the ability of Congress to protect
    copyrights is actually written into our Constitution itself.

    The Digital Millennium Copyright Act was Congress'
    attempt to address the issue of copyright protection in a new,
    digital age. As new technologies have developed over the past few
    years, it has become increasingly difficult to protect intellectual
    property from illegal copying and distribution. It is a delicate
    balance, to be sure -- nobody wants to restrict the development of
    new and exciting technologies, but we must work to prevent the
    creation of perfect, digital copies of copyrighted works which can
    be illegally distributed throughout the world.

    Please be assured that I understand your concerns, and I
    will keep your views in mind.

    If you have other questions or comments, please do not
    hesitate to write to me again, or contact my Washington, D.C. staff
    at (202) 224-3841.

    Sincerely yours,

    Dianne Feinstein
    United States Senator

    http://feinstein.senate.gov

  50. The stop is, however, an unreasonable search... by Svartalf · · Score: 2

    Which IS covered by the Constitution- no matter wat California says, they can't usurp that little thing called the Bill Of Rights.

    --
    I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
    1. Re:The stop is, however, an unreasonable search... by cduffy · · Score: 2
      Not necessarily.

      People can voluntarily waive their rights.

      One reason people would do so is to gain access to a privilege.

      Driving is, in California, a privilige, available only to those who waive their right to be secure against unreasonable search in their person and surroundings.

    2. Re:The stop is, however, an unreasonable search... by gantzm · · Score: 1

      And people can choose to take back their rights, by force if necessary. Is the DMCA worth taking up arms over, probably not. The Brady Bill, probably not. How about water rights, probably not. But add them all together and the government no longer represents the rights and concerns of the people. As a matter of fact, the declaration of independence calls it our duty to stop the tyranny of government. Maybe it's time to stop living off of dead veterans and pay for what we have... Just a thought.

      --


      Excessive forking causes un-wanted children.
    3. Re:The stop is, however, an unreasonable search... by Anonymous Coward · · Score: 0


      Bah. That's crazy talk man! Who would want to stand up for their rights???

      Fuck that! It don't affect me! My fat ass and fine-ass bitch is be sittin' on dis' here couch watchin' Jerry Springer's "Too Hot for TV" all night long! A 48 pack o' Bud and we be havin' a fly time in my pad!

      Shit dog, that DMVVACASDFDMCA sheeit don't affect me. Why tha hell should I care if you can't backup a DVD? Just buy a new one dumbass! And while you're out, go get some pussy - you need it more than I do 'cuz I get some every night! Or rent tha mofo... What you think this world gots some free rides waitin' for you?

      And Skylarov -- shit, he's like the WORST of the really evil hackers ain't he? Fuckin'-A, he goes and cracks some rot-13 encrypshun or some sheeit that I cain't never figger out...

      Seriously, the above is Joe Sixpack. To a large degree, Joe represents 65% (give or take 20%) of America.

      The masses are like cattle. They are stupid and clueless, just like your boss at work, and they need a good hot cattle prod (a.k.a. a war) to make them move. They watch TV, they listen to Rush Limbaugh, and they think good 'ol GW Bush is a good president just because he gives out a $500-$600 tax rebate (money that was ours to begin with). Nevermind he's trying to start WW3...

      We have already lost the fight against the DMCA because we can't make Joe Sixpack shut the fuck up and listen to us geeks for once in his worthless life. If it doesn't directly affect him in a significant way, HE SIMPLY WILL NOT CARE! Remember, "users are lusers..."

      Further, since we're all afraid of being sued to hell by MegaCorp USA, we don't speak up about injustices at work - even if we can do so anonymously...

      As geeks, we're supposed to be forward-thinking people. Thus, it's time to change what we call ourselves - from "hackers," to something more modern and free of a bad name given by the media... Eventually that name will become corrupted, and once again, our label will change.

      We must be like the ancient ninja - *dodge* attacks, don't fight them head-on...

  51. My letter to Congress by Anonymous Coward · · Score: 0

    (Note: Please don't use these words yourself. Identical letters have less impact than individually-worded letters. Use your own -- but be polite or you'll be ignored. And use snail mail; to them, e-mail costs no time or money to send, so is a weak indication of voter interest.)

    The Honorable xxxxx
    [House of Representatives | Senate]
    Washington, DC

    Dear xxxxx:

    I am writing to urge the repeal of the Digital Millennium Copyright Act (DMCA). The DMCA, against the letter and spirit of the Constitution, limits the free speech and fair use rights of the public.

    First, by classifying most security analyses of encryption and digital copy protection technology as illegal "circumvention", and subjecting those analyses to federal prosecution, the DMCA severely curtails the public's ability to ensure product integrity, security, and quality.

    Most software sold today is sold without any implied warranty of merchantability or fitness for use; it is truly "let the buyer beware". Yet individuals and corporations alike rely on this software for important, even critical uses. How the end-user community currently asserts its interest in quality software is through open collaborative analysis of product security, working with other end users, software developers, and academics. Without open discussion of security, the public's only recourse is to take software vendors at their word -- a dangerous helplessness that only serves to heighten fear and distrust of technology.

    Second, by outlawing even the discussion of circumvention techniques, the DMCA effectively eliminates fair use as understood by traditional copyright law. Despite the portrayal of DMCA opponents by the major media cartels, virtually all of DMCA's opponents support the continuation of traditional Copyright Act law including fair use.

    But with the threat of criminal prosecution squelching public discussion of ways to exercise fair use, copyright holders are free to impose arbitrary and extra-legal restrictions above those of the Copyright Act (e.g., to restrict access to only devices sold by the copyright holder, or to prohibit the playback of imported DVDs through "region coding"), and those private restrictions on fair use will have the force of law. The only people who will enjoy fair use under the DMCA?s provisions are Ph.D. mathematicians or engineers, and each of them must independently discover how to do it in private, because discussion is prohibited -- an unintended "literacy test" for fair use.

    Third, by transferring this area of law from civil to criminal court, the DMCA elevates copyright infringement above more serious matters and makes potential criminals out of those who otherwise would not be, including security professionals such as myself. In other instances where the law has seen fit to restrict a technology, it has not done so by prohibiting knowledge but by prohibiting specific acts. The discussion of lock-picking tools, hallucinogenic drugs, or nuclear bombs is not restricted; possession of these items is. DMCA's shadow already threatens the profession of information security in the United States, and discourages the best researchers from coming here to share their work.

    Please work to repeal or amend this blight on the Constitution. Thank you for providing me the opportunity to express my concern.

    Sincerely,

    xxxxxxxxxxx
    [state] nth district voter

    1. Re:My letter to Congress by Hierarch · · Score: 2, Insightful

      *wince* I wish you hadn't singled out lock-picking tools in this one. Last time I checked (about 3-4 years ago) lock-picking tools were illegal only in DC, where you have to be a professional locksmith to carry them. In every other jurisdiction I've checked, it is legal to carry them as long as you don't plan to use them in furtherance of another crime. In other words, lock picks are in the same category as we'd like to see DeCSS! (Legal to own and use as long as you don't use it to commit a crime, in which case possession becomes an additional crime.)

      I'm in New York State, and I researched the laws carefully before I started carrying around my own homemade lockpicks. Just for safety's sake, I also carry around a copy of the relevant penal code with the lockpicks just so I can keep a police officer who's not up on the law from confiscating them out of hand. (Easier than trying to get them back if wrongfully confiscated!)

      The text of the law reads:

      140.35 Possession of burglar's tools

      A person is guilty of possession of burglar's tools when he possessed any tool, instrument or other article adapted, designed or commonly used for committing or facilitating offenses involving forcible entry into premises, or offenses involving larceny by a physical taking, or offenses involving theft of services as defined in subdivisions four, five, and six of section 165.15, under circumstances evincing an intent to use or knowledge that some person intends to use the same in the commission of an offense of such character.

      Possession of burglar's tools is a class A misdemeanor.



      The more I look at it, the more I think that this is the route that the DMCA should have taken.... We've said that the act of copyright infringement should be criminalized, not possession of the tools to do it. I wouldn't have any objections to criminalizing the possession of the tools under such circumstances as clearly demonstrate an intent to use them for copyright infringement. Yes, this could still be abused, but it isn't usually a problem with possession of burglar's tools - there are strong guidelines for when you can consider such an intent to be evinced.

      For example:

      Where circumstances surrounding defendant's possession of 12-inch screwdriver were as consistent with innocence as with guilt, it was error to find defendant guilty of possession of burglar's tools. The mere possession of a tool ordinarily used for legitimate purposes cannot be translated into posession or use condemned by this section in absence of circumstances evidencing intent to use it for unlawful purpose.

      People v Perez (1958) 7 AD2d 633, 179 NYS2d 877.



      Why, oh why, couldn't the DMCA have gone this way?????

      -Need a .sig - somebody infect me with a .sig virus?
      --
      --Somebody infect me with a .sig virus, I'm too lazy to write my own!
    2. Re:My letter to Congress by Anonymous Coward · · Score: 0

      When I was writing the letter, I thought about whether to use the example of lock-picking tools or not. My take on it was, I wanted to emphasize the DMCA's attack on pure speech (the most obviously unconstitutional aspect) and not get bogged down into an argument of what is or is not a tool.

      So there. You can fix my errors when you write *your* letter however you want.

  52. Archivival copies are the original copies? by iplayfast · · Score: 1

    From Page 119-120, They claim that the original CD acts like the archival CD?!? (Not in my experience!) This report appears biased.

    Third, as of last year approximately ninety-eight percent of computer software sold in the
    United States was sold on CD-ROM.267 This means that even where consumers are prevented
    from making an archival copy, they are still able to reinstall the work in the event of computer
    malfunction. In essence, the CD-ROM itself acts as the archival copy. In that case, even if
    consumers are prevented from making archival copies as contemplated in section 117, their
    software investment is protected from system malfunctions, thus fulfilling the purpose of the
    archival exemption as articulated by CONTU.268 Accordingly, we conclude that the evidence at
    this time of an effect of title I of the DMCA on the operation of section 117 is not substantial,
    and no legislative change is warranted.

  53. Effect on fair use acknowledged by AntiNorm · · Score: 2

    the DMCA's effect on fair use is called out of scope for the report.

    Or in other words, "We know it destroys fair use, but we don't care as long as we keep getting brib^H^H^H^Hcampaign contributions from the large media cartels."

    --

    I pledge allegiance to the flag...
    of the Corporate States of America...
  54. CSS and first sale. by bperkins · · Score: 2, Interesting
    The first sale doctrine codified in section 109 limits an author s distribution right so that subsequent disposition of a particular copy by its owner is not an infringement of copyright. The first sale doctrine does not guarantee the existence of a secondary market or a certain price for copies of copyrighted works. If fewer people may wish to purchase a used DVD, or if they would pay less for it due to CSS, that would not equate to interference with the operation of section 109. Many circumstances in the marketplace may affect the resale market for copies of works improvements in technology, introduction of new formats, and the quality and cultural durability of the content of the work. None of these factors can properly be said to interfere with the operation of section 109, even though they could reduce the resale market for a work or even render it nonexistent.

    This argument makes no sense, and makes me believe it was written by a shill. Although circumstances can cause a piece of media to become worthless, the causes are mostly out of the distributors control. What we are talking about is equipment manufacturers and media conglomerates (who are often one and the same) _colluding_ to control the distribution of media.

    Taken to the extreme ,if I bought a DVD and found that I could only sell the DVD to people who lived within 5 miles of me due to the whims of the DVD consortium, this would almost certainly limit the market which I could sell it, and be an undefendible practice. The author might have tried to make the argument that since DVD regions are large, the market is not severely limted by region encoding, but they chose not to. Even this argument is not really supported by the facts, since there is clearly an nonzero demand for imported DVDs due to pricing descrepencies between the different regions.

    The author of this text is presenting the view that the intent of the distributor doesn't matter, which may or may not be the case with regard to copyright law, but is not true on the face of it. Whether DVD encoding is illegally limiting first sale doctrine is something needs to be worked out by looking closely at the law and certainly isn't an argument that is "without merit"

  55. confusing slop by kettch · · Score: 1

    I can imaging headlines: Local Man Stealing Music

    A local man was arrested today for alledgedly violating copyright law by staging a public performance of copyrighted works without proper authorization from the artist. This alledged "hacker" could be charged with several counts of copyright violations, as witnesses say that he has done the same thing at other locations. When questioned the suspect readily admitted to the violation, "Yes, I admit that I was softly humming the tune to myself as I walked down the street, but I-HEY!. The suspect will be taken to a psychiatric facility for electroshock therapy to purge the illegal copies of songs from his memory.

    --
    Opportunities multiply as they are seized. --Sun-Tzu
  56. Is it YOU who keeps writing all those letters? by Anonymous Coward · · Score: 0
    Geez - you think I have nothing better to do than read mail from one constituent? Five letters a day for how long now? Stop it, Please! I instructed my staff to circular-file your mail immediately after the first month, anyway so stop killing trees, already. Not like I am one of those damn environmentalists, but really!

    Thank you,

    Your CongressCritter

    P.S. I appreciate your support in the upcoming election. Vote Quimby!

    1. Re:Is it YOU who keeps writing all those letters? by Anonymous Coward · · Score: 0

      Exactly... If you really want to make a change, a real change, you have to be a lot closer than that with your congressman. Next time you're going down on him, when you finish swallowing all his man-juice, mention to him your position on the DMCA...

    2. Re:Is it YOU who keeps writing all those letters? by Anonymous Coward · · Score: 0

      We need more constituents like you. Are you perhaps interested in an internship?

  57. no first sale=less value by jafac · · Score: 3, Insightful

    The worst part about losing the "first sale" qualities of a product is that that product will likely be sold for about the same amount, but carries a much lower value for the consumer.

    Basically, this is a HUGE gob of inflation in the ecomomy - but it's inflation that won't be measured or accounted for in "cost of living" calculations, and will slip under the radar. Life will be perceptibly more difficult for consumers, but nobody's going to make an adjustment for it for people who are on fixed incomes, etc.

    I believe this is also the main aim of "market segmentation strategies". Lower the value of the product for the consumer so you can give the appearance of not raising prices. Rake in profits for "prosumer" and high-end market segments that can bear the cost, and can't bear the lower value of the product (usually through technical crippling or inconvenient feature-bundling) - though that product has the same manufacturing cost as the low-end version. In effect, you increase profits, and you're getting more money from the consumer per intangible, unmeasurable "units of quality", without being accused of price-gouging, or feeding the inflation demons.

    Of course, this kind of strategy only works in the absence of competition. And it's working very well today, and I suspect it will be working extremely well in the future.

    --

    These are my friends, See how they glisten. See this one shine, how he smiles in the light.
    1. Re:no first sale=less value by raresilk · · Score: 1

      yeah, I think you hit on a key point there - the absence of competition. In a healthy market, you'd see media distributors vying to sell us a DVD or CD with *more* capabilities, each distributor wanting to snatch away business from the other. What a bassackwards mess of a market we have here, where distributors compete with one another to offer the *least* capable product. They even have downloadable movies now that dissolve after you view them once, like the tape message on Mission Impossible going up in smoke.

      The really weird thing is, how did it get this way? It's not like Standard Oil or Microsoft, where all the components really have the same owner and form a single monopoly, vertically, horizontally, diagonally, or whatever. Even if you forget the individual artists, directors, etc. and just go to the studio level, there are enough different players that there ought to be competition. I suppose you could call this a "discplined oligopoly" (this concept was invented by the US Supreme Court in a tobacco antitrust opinion about 5 years ago), because the trade organizations are the ones who lobby, take legal action, etc., which basically locksteps all the content distributors together into a single unit.

      I don't have time to think it through completely today, but one thing is clear. Something in this situation violates antitrust law. If it didn't, you wouldn't have this paradoxical race-to-the-bottom by companies who are natural competitors. The market is broken. I wonder if anyone has considered a legal challenge to the DMCA from an *antitrust* perspective, rather than via the copyright department which seems to be under the industry thumb right now. (Along with the patent office - think of all the ridiculous patents like one-click that have been issued.) The actual target would have to be the industry organizations such as the MPAA and RIAA, of course, not the statute. Maybe someone has tried this already, but I haven't heard.

      --
      No, no, no. This is not a sig.
    2. Re:no first sale=less value by jafac · · Score: 2

      no-competition, antitrust, oligopoly; these are not new ideas. They're old.

      My point is - this represents a contraction of the economy, a reduction of the much-vaunted American Higher Standard of Living (because Capitalism and NeoLiberalism are Good Things (TM)).

      Am I a socialist? Not a chance, but I wasn't born yesterday. I know that for a fact because this whole thing smells like last week's diapers.

      And if you want to know exactly how we got at this point, you only have the greatest and most popular president of the US of all-time to thank; Reagan's De-regulation, trickle-down, and what Bush Sr called "Voodoo Economics" back in 1980.

      Take em to court. Go ahead. Look at how obviously guilty Microsoft is, and look at the success the DOJ has had a prosecuting that case. Timely justice done? The DOJ started all this in the early 90's, going after them for Windows95, and MS just laughed at the consent decree. And they bungled their way stupidly through the last trial, and they're still "innovating" more than ever.

      It will probably take the inevitable economic collapse that is coming, to convince those in power that these were not smart moves, and that we should learn from the mistakes that were made in the 1980's.

      --

      These are my friends, See how they glisten. See this one shine, how he smiles in the light.
    3. Re:no first sale=less value by raresilk · · Score: 1

      Old ideas from an economic perspective, certainly. But from a legal perspective, until the US Supreme Court decided the Brooke Group case, you couldn't win an antitrust case by showing that a *group* of unaffiliated defendants at the same market level exercised monopoly power as a "disciplined oligopoly." Now, at least theoretically, you can.

      --
      No, no, no. This is not a sig.
  58. advice from the smiths by Anonymous Coward · · Score: 0

    Learn to love me
    Assemble the ways
    Now, today, tomorrow and always
    My only weakness is a list of crime
    My only weakness is ... well, never mind, never mind

    Oh, shoplifters of the world
    Unite and take over
    Shoplifters of the world
    Hand it over
    Hand it over
    Hand it over

    Learn to love me
    And assemble the ways
    Now, today, tomorrow, and always
    My only weakness is a listed crime
    But last night the plans of a future war
    Was all I saw on Channel Four

    Shoplifters of the world
    Unite and take over
    Shoplifters of the world
    Hand it over
    Hand it over
    Hand it over

    A heartless hand on my shoulder
    A push - and it's over
    Alabaster crashes down
    (Six months is a long time)
    Tried living in the real world
    Instead of a shell
    But before I began ...
    I was bored before I even began

    Shoplifters of the world
    Unite and take over
    Shoplifters of the world
    Unite and take over
    Shoplifters of the world
    Unite and take over
    Shoplifters of the world
    Take over

  59. Educating our congressmen by Otto-matic · · Score: 2, Interesting

    It is apparent to me that we are witnessing the effects of answering to a legislature unversed in and unused to the current state of our technological culture. Sure, they understand the effects of technology's cultural advancements on their supporter's bottom lines, but they don't understand the effects of those advancements on the end user. THEY have never really been the end user.

    Now, in an atmosphere of self-serving corruption led by gargantuan special interest groups, they are scrambling to pick up pieces and make laws that put this technology in a perspective they can understand. It makes sense that these laws support the big corporations and associations that will benefit most from the regulation. Afterall, who is educating our congressmen? The MPAA, RIAA, Microsoft, etc. These conglomerates have an immeasurable headstart on us, because they've had their foot in the door and hands down the pants of the House and Senate for decades! Anyone you help educate is going to learn what YOU teach them. Imagine what happens when you have a legislature sorely lacking in technological education being educated by people whose agenda includes technological regulation for the sake of their bottom-line?

    The question we have to answer is relatively simple: Which of us is going to stand up and begin educating our congressmen as to the REALITY of the cultural advancements of technology? Who is going to teach them what it means to be an end user? I don't think that writing individual letters to our congressmen is the answer. I think that each one of us writing a letter expressing our individual views will water down the message that this kind of regulation is WRONG. It will beget the same reaction as each of us writing to legalize marijuana, LSD, cocaine, etc.

    What we need is a single concerted effort--the only way any dissention has ever resulted in success. Imagine if Martin Luther King, Jr. had asked each and every black person in the US to just write a letter to his/her congressman asking for an end to segregation... Sometime soon, all of these voices protesting the immorality of the DMCA must gather together and approach congress in an organized fashion. Begin holding educational workshops for your legislators, giving speeches on the effects of such draconian regulation on end-user's rights, the unconstitionality of the DMCA and its like.

    I fear, as do many of you, that unless such an effort is made, we will soon see ourselves fighting this battle beneath an already well-established DMCA.

    Otto

  60. Re:Senator Feinstein's (CA) response to me abot DM by jafac · · Score: 2

    hm . word for word, the same exact reply I got from her almost a year ago. . .

    --

    These are my friends, See how they glisten. See this one shine, how he smiles in the light.
  61. Reading this message violates the DMCA by Anonymous Coward · · Score: 0

    The following message has been encrypted. If you have read it, you must have violated the circumvention mechanism, and I will sue you out of existence.;-)

    --message starts here--
    tHIS MESSAGE IS ENCRYPTED WITH aDOBE'S NEWEST HIGH SECURITY ENCRYPTION SCHEME. tO DECRYPT THIS MESSAGE RUN THE FOLLOWING ALGORITHM WRITTEN IN ADOBESCRIPT ON THE MESSAGE:
    FOREACH CHAR IN MESSAGE
    FOR I = 255 DOWNTO 0
    CHAR = CHAR xor I
    CHAR = CHAR xor I
    IF CHAR IS UPPERCASE,
    CHANGE IT TO LOWERCASE
    OTHERWISE IF CHAR IS LOWERCASE
    CHANGE IT TO UPPERCASE

    aS YOU CAN SEE, THIS SUPPERADVANCED ALGORITHM DESERVES PROTECTION SINCE IT'S FOOLPROOF.

  62. Re:Senator Feinstein's (CA) response to me abot DM by ethereal · · Score: 1

    Translation:

    I didn't see you at my last fund-raiser in line next to Hilary Rosen, nerd-boy.
    --

    Your right to not believe: Americans United for Separation of Church and

  63. The law that should have been by epsalon · · Score: 2, Interesting

    Pondering about the subject of the DMCA, I have reached an interesting insight.

    The legislators of the DMCA saw a strange situation. Mega-Corporations are producing digital content, gaurded with various kinds of "protection" systems to prevent certain uses of thier content, and to allegedly enforce their copyrights. Then, "hackers" come and circumvent this protection, publicly posting their results. This situation of cat-and-mouse race sounds unreasonable. Either the rights of the copyright owners should be protected and it should be illegal to circument them (as the DMCA suggests), or (and this is what should have been decided) that the "protection" mecahnisms themselves are unethical and bypass the fair-use rights and the expiration of copyright.

    The answer therefore is that they passed the wrong law. It's not illegal to circumvent the "protection" mecanisms. The mecanisms themselves contradict the fair-use rights that have been established.

    The law that should have been passed, is one preventing use of any mechanism that prevents exercising of fair-use rights by legitimate owners. If the court decided I'm entitled to fair use rights, Mega Company X cannot deny me of those rights.

    Right?

  64. Forest? I don't see no stinking forest... by gnovos · · Score: 2

    ...All I see are trees!

    Without strong copyright protections, the incentive to
    innovate would be diminished. In fact, this issue was so important
    to the Founding Fathers that the ability of Congress to protect
    copyrights is actually written into our Constitution itself.


    I can't figure out if this woman is really ignorant, or just does a good job at playing that way as long as the cash keeps rolling in... Someone should point out the other things "actually written into our Constitution", like say the first amendment rights of free speech (Which the DMCA does away with if you are using those pesky rights to talk about encryption).

    --
    "Your superior intellect is no match for our puny weapons!"
  65. Re:Senator Feinstein's (CA) response to me abot DM by StaticEngine · · Score: 4, Insightful
    Without strong copyright protections, the incentive to
    innovate would be diminished. In fact, this issue was so important
    to the Founding Fathers that the ability of Congress to protect
    copyrights is actually written into our Constitution itself.

    Except that the Founding Fathers were wise enough to know that by making the term limit on Copyright too high, they were depriving the People (and further artists, musicians, and authors) of work from which they could build upon and grow new works from. While the Constitution reads "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;", no mention of actual time limits exists within this document. The limits were proposed by Jefferson to be 14 years, which were then extended to 28 years, as is demonstrated by reading ancillary documents of the time.

    While your Senator believes that protecting the intellectual property of the US is vital for the economy and provides incentive, it actually has a retrograde effect for content providers who do not hold the Copyright on current work, as they cannot build on existing works until those works leave copyright (A period currently longer than most human lifespans), or until they pay Copyright holders for the privledge of using their work. This effectively shrinks the pool of content creators to those already holding Copyright, or those financially entangled with Copyright holders.

    And while those Copyright Holders may provide large donations to your Senator's campaign, they are not the majority of voters in the State of California. It is the will of the Voters that your Senator swore to represent in our Government, and if she is failing in this regard, then she is unfit to hold office.

  66. DONT FEEL SPECIAL by Anonymous Coward · · Score: 0


    I hope you're not feeling too special, cause she didnt even bother to read what you sent her.

    Notice how the letter doesnt specifically acknowledge any points you made in the email?

  67. Re:Senator Feinstein's (CA) response to me abot DM by sdo1 · · Score: 2

    Of the MANY letters that I've written to our lawmakers regarding this issue, I've only received ONE response and that was from Sen. John Kerry (MA). His "excuse" was that we needed the DMCA to comply with the WIPO trade agreement.

    Sigh...

    -S

    --
    --- What parts of "shall make no law", "shall not be infringed", and "shall not be violated" don't you understand?
  68. Congressional aids by Anonymous Coward · · Score: 0
    It is time for America to recognize and combat the spread of this new strain of infectious disease: congressional AIDS. Due to the amorous attention of some of the Capitol's most publicly "active" representatives, the D.C. area is experiencing a rapid rise in the numbers of interns and lobbyists who have done more than their share to "assist" our congressmen, risking their health in the process.

    It is becoming clear that even flight attendants, who (due to their propensity for travel and promiscuity) are more likely to spread this insidious disease, are becoming involved with our nation's leaders. Once we could rely on Congress to confine their affections to prostitutes and major motion picture starlets, but now it seems we face the possiblity that our elected representatives will grab a piece whenever and wherever they can.

    As concerned citizens we all need to do our part to stem the tide of this phenomenon. Please join me in designating your campaign contributions as intended for use in purchasing prophylactics and funding medical research into the prevention and cure for CTD's (Congressionally Transmitted Diseases). Only with your help can we hope to prevent a national disaster. Thank you.

    1. Re:Congressional aids by thejake316 · · Score: 1

      T'would almost be funny had I misspelled it, English.

      --
      AC's cheerfully ignored
    2. Re:Congressional aids by Anonymous Coward · · Score: 0

      You're right - the reason it wasn't funny is that you didn't misspell aides.

  69. RIAA/MPAA should by chompz · · Score: 2

    give up on selling CD's as the exclusive media for the music. They should sell cheap CD's, and increase the amount of live music presence thier artists have. Music is meant to be live, and everyone prefers live music most of the time, for the atmosphere.

    --
    Spring is here. Don't believe me, look outside!
    1. Re:RIAA/MPAA should by teatime · · Score: 1

      Also add the SBA(Software Business Alliance) to the list of trade groups who pushed for this law.

  70. Re:Senator Feinstein's (CA) response to me abot DM by Tadhg · · Score: 1

    Perhaps this is futile, but I felt it might be a good idea to write back to Feistein with a rebuttal. And perhaps get other people who haven't written to her to write to her and _include_ the rebuttal in their letter to point out that they've already heard those arguments. Here's a first draft of a response; I'd love to get comments on how to make it more effective (I know it's weak in places). Specifically, references/quotes from good other material (Lessig essays, for example) would be helpful. What I'm aiming to achieve is a calm and rational response that cannot be dismissed as zealotry but doesn't lack punch (yes, I know that some of the first draft doesn't reach that standard - that's why I want suggestions!)

    --

    I have always believed that the protection of intellectual property rights is as important as the protection of any other property right.

    Perhaps it is as important; however, there are fundamental differences between "intellectual property" and other property. The primary one is that "intellectual property" can be possessed by many people simultaneously without difficulty or conflict (except in certain specific circumstances) whereas the same cannot be said for physical property. This difference means that analogies between "intellectual property" and physical property are generally misleading and unhelpful--in this instance, your statement is evidently meant to impress upon voters that strengthening copyright law is somehow similar to strengthening laws that protect a home from burglars. This is disingenuous, and I hope that you do, in fact, understand the difference.

    Moreover, the protection of intellectual property is vital to a flourishing economy--particularly in California.

    This is probably true. It is necessary to ensure that the creators of artistic and intellectual works are fairly compensated for their work. The key word, however, is 'fair'. Obviously their compensation, and any laws enacted to protect it, must co-exist well with the free and open exchange of ideas, something also vital to a flourishing economy--particularly in California, which has such a rich history of collaborative development (see BSD Unix as one example; there are many more).

    America's music, movie, and software industries are second to none, and we export far more intellectual property than we import.

    This is misleading, and simply cannot be held to be true. This is because you are falling into the mistake of equating "intellectual property" with artistic works put up for sale. In fact, under current law, all ideas, texts, images, tunes, etc. are "intellectual property", even if they're public domain. This letter, for example, is under my copyright by virtue of my writing it. That makes it intellectual property. The same goes for almost any form of communication. So your above statement claims that the US communicates to the rest of the world more ideas than it receives. This may sound right, but if you think about it you should see that there is no ways to quantify ideas and therefore no way to measure them, and therefore no way to test your assertion exists.

    This is good for employment, and good for consumers.

    That strong "intellectual property" protection is good for consumers is difficult to assert. After all, stronger consumer rights (for example, the right to play their own legally--purchased DVDs on whatever platform they choose, and the right to backup said DVDs) are also good for consumers. The current balance is tilted very far in favor of the large copyright holders, such as the music and movie industries. A fairer balance would be better for the consumer, and for America in general. As for the employment issue, this is a red herring, perhaps to prepare future claims that we have to somehow 'choose between jobs and consumer rights' in the same way that we somehow have to 'choose between jobs and environmental protection' when the profits of timber companies are threatened.

    Without strong copyright protections, the incentive to innovate would be diminished.

    Perhaps. As I stated above, there is a need to ensure that creators and innovators are fairly rewarded for their work. However, this incentive, again, must be balanced with the rights of others. Also, innovators and creators are not driven merely by economic incentives. Many great artists and musicians created for the love of the work, not out of profit motive. And this is still true today, even in the most modern areas--perhaps you've heard of Linux, an operating system created entirely by volunteers, that now rivals Microsoft's products in number of important categories?

    In fact, this issue was so important to the Founding Fathers that the ability of Congress to protect copyrights is actually written into our Constitution itself.

    True. But this is also disingenuous. The Founding Fathers did, after all, envision a copyright time limit of 14-28 years, and did not foresee the ridiculously long copyright terms we have today. These are clearly in place to protect the profits of major corporations such as Disney rather than to encourage innovation/creation.

    The Digital Millennium Copyright Act was Congress' attempt to address the issue of copyright protection in a new, digital age.

    As such, it is terribly flawed, kowtowing to corporate interests and upsetting the balance of consumer rights versus "intellectual property" rights. It gives the copyright holders more power than ever before, cripples free speech in regard to areas like encryption technology, and allows the copyright holders to make an 'end run' around fair use rights.

    As new technologies have developed over the past few years, it has become increasingly difficult to protect intellectual property from illegal copying and distribution.

    True. It has also been increasingly difficult for the older profit models to remain in place in the face of this new technology. And so the owners of those models turn to legalistic efforts like the DMCA to protect themselves--not from 'piracy' but more often from the deleterious effects of being outmoded.

    It is a delicate balance, to be sure--nobody wants to restrict the development of new and exciting technologies, but we must work to prevent the creation of perfect, digital copies of copyrighted works which can be illegally distributed throughout the world.

    There's an easy way to do that--make the distribution of copyrighted works legal rather than illegal. This is not a facetious argument. "Illegal distribution" is by definition a legal construct. While working to change the laws, we should look at all of them and ensure they are reasonable--not simply take some of them as sacred and then warp the others to suit those.

    Please be assured that I understand your concerns, and I will keep your views in mind.

    I am not entirely convinced that you do understand my views, simply because I'm not sure that you understand all of the technological ramifications of the DMCA. I would, however, be entirely willing to answer any questions on them that you may have, and I invite your response.

    Yours, etc.

    --
  71. first sale doctrine is useless! by Splork · · Score: 1


    Companies no longer want to -sell- you anything, they will only sell recurring licenses to use/hear/view their data for a fixed period of time rather than -selling- a copy of the data to you.

  72. Stomping on other nation's soverignity by flatrock · · Score: 2

    Stomping on other nation's soverignity isn't unconstitutional as far a I know. Other countries also do this all the time. The ability to enforct those laws outside of the United States is somewhat limited, but California it seems can pass their stupid laws.

  73. Intellectual Property by SAFH · · Score: 1
    The United States has liquified all of its previous assets. Forestry, oil, farming, technology, etc. Take a look at the rest of the world, most countries are self-sufficient. But not the United States. In a country that ranked 47th(?) in education, we are ignorant enough to beleive that we have the best minds in the world. Therefor, we are entitled to put a copyright/patent/restriction on everything that we think of or do.

    The book Snow Crash by Neal Stephenson was actually pretty close when stated that the United States is going to hell in a handbasket. The US really doesn't 'produce' anything anymore except for technology. That's about to change, and the US is scared shitless.

    --

    I cannot confirm nor deny the allegation or allegations you may or may not have just made

  74. Just sell the manuals when new by Belly+of+the+Beast · · Score: 1

    Just sell the manuals for future MS product you buy. There must be plenty of folks who steel the SW and want the manuals. You should be able to legally (and simply on ebay) sell the manuals for what you would get for the depricated SW when you are finished with the SW (say, 3 year old OS is good for %10 of new and manuals for brand new OS might go for %10 ????)

  75. Buy Everquest as a corperation by Belly+of+the+Beast · · Score: 1

    Create a corperation/partnership/sole prop., etc that buys your copy of Everquest, the sell the business. Everquest ner gets sold, just the business that owns the software.

  76. Single Use software by Belly+of+the+Beast · · Score: 1

    By daughter had to use single use software to apply to med school. You are required to fill out a generic application using software yo ubuy from some med school assoc. This SW comes on disk, require you to answer all sorts of detailed questions using the worst UI I've ever seen, you then save your work back onto the disk and return the disk. The disk will only run once and will not allow you to save your work until the end. Pray for stable power. It take about 4 hours to go end to end on it. They never tell you to make a back-up of the disk before you start. Major Pain!!!

  77. Can't store in RAM, can't transform?? by BillX · · Score: 1
    How come it is that it is illegal to perform an in-memory algorithmic transformation X on Copyrighted Work A, but perfectly OK to perform algorithmic transformation Y on Copyrighted Work B?

    Where A == DVD Data;
    B == our Web sites;
    X == deCSS transform;
    Y == eZula/GATOR/Surf+ transform

    --
    Caveat Emptor is not a business model.
  78. DMCA is essentially a rider on ordinary (C) law by Anonymous Coward · · Score: 0
    The damnable thing about the new versions of supposed "copyright" law is that they are like congressional bills that pass a rider on the coattails of something legitimate. Control is riding in on the coattails of penalty definition.

    IMHO what's needed is a separate law for each concern:

    • Copyright law:Old-fashioned copyright law that defines penalties for copying beyond fair use, period.
    • Access/use control law:A new law defining how and whether manufacturers and creators of sold entities may limit what is done with the entity by the new owner, and to what extent they may dictate any sort of limitations to private activity.

    At least laws that seek to control use and access would have to come out from behind the skirts of legitimate copyright issues, and show themselves for exactly what they are.
  79. Re:Senator Feinstein's (CA) response to me abot DM by teatime · · Score: 1

    Inundate her staff with phone calls. Sometimes they begin to pay attention (it gets on the radar) when alot of people call. I am sure glad I didn't vote for her last election.

  80. Everyone will be a criminal. by Infirmo · · Score: 1

    If RAM buffering is upheld as a violation of the DMCA, then that will make most people criminals, wil it not? Very convenient way to simply arrest anyone whom you consider to be a threat. Very convenient.

  81. disobdience by Anonymous Coward · · Score: 0

    You know, I wonder how long it will take before everyone just stops paying attention to these silly laws. Over-restrictive rules and laws always lead to rebellion.

  82. I am not absolutely sure, but... by cr0sh · · Score: 2

    I wrote to my Senator (John McCain, AZ) as well, about the DMCA and Dmitry. The letter I received back sounds suspiciously similar to yours, except there was a little Dmitry blurbage in it. I will have to check the letter when I get home, but I am wondering if there is a form letter or boilerplate being used for responses to these issues - if that is the case, then what is even the point of writing your congresscritters?

    --
    Reason is the Path to God - Anon
    1. Re:I am not absolutely sure, but... by bluGill · · Score: 2

      but I am wondering if there is a form letter or boilerplate being used for responses to these issues - if that is the case, then what is even the point of writing your congresscritters?

      All the better. Boilerplate responses means that they have heard of this issue enough that they wrote it. That means they are wondering if this is big enough that they need to become "un-bought" to win the next election. They are not counting all the pro and con letters they get.

      Your congrescritter is still unlikely to read your letter himself, but someone is now reding enough of it to get your position, and then making a mark. Your congress critter is seeing those marks, and if there are a significant number of them he will act knowing that to now act could cost him the election.

      Of course I think it is wrong to ever vote for an incumbant, so putting a check next to my letter won't help, but he doesn't know that because the ballot is seceret.

    2. Re:I am not absolutely sure, but... by tom's+a-cold · · Score: 1

      The staff write the replies. It's likely that they share canned responses with other senators' staff, particularly those of the same party.

      My senator gave an almost-identical reply, by the way.

      Sounds more senatorial than "The RIAA owns a sizeable chunk of my ass and I do whatever they tell me."

      --
      Get your teeth into a small slice: the cake of liberty
  83. E A D G B E publishing corporation by Anonymous Coward · · Score: 0

    The best business model would be to copyright All frequencies and All notes A, B, C, D, E, F, G, # and flat.

    I can get paid for anyone who has a harmonia, a guitar, a voice that speaks, or a speaker that creates sound from 5Hz to 20KHz for each note I get a royalty, for each voice thast speaks I get a penny, for each broadcast I get money to use to create publish less and less, since eventually everyone will owe me too much to utter anything but silence itself (Which I will also have another convienent patent on.)

    Want to read this message to your mommy? Pay Up. Whip out that wallet and gimme some green.
    Be careful not to ask how much or it will cost you extra.

    Silence is golden, but you better not say it out loud or you'll need to pay me.

    If your about to have an accident on I5 in the fog, you better not honk your horn, or you'll need to pay me.

    If you fart you'll need to pay me.

    If you burp you'll need to pay for that too.

    If you tap your fingers while waiting in line at DMV you'll be needing to get your wallet out to pay me.

    If your car alarm goes off at 2:30am in the morning you'll pay me a royalty.

    If you transmit a dead carrier your going to have to pay me for that.

    If you accidentally chop off your finger and scream out loud you will pay for it.

    When the USAF fly's a jet I get paid.

    Got a noisy dog or cat? Pay me.

    Want to change the weather? Create a storm? Rain? Pay me. Thunder? pay. Wind? pay up.

    I can patent amplitude and the louder the noise the more you pay. Then it would pay to keep your mouth shut. Or not.

    Feel like feeding some humming birds? Better pray they don't know how to tweet.

    Want to live out in the middle of nowhere with the "whispering pines?" Better hope they don't whisper too loud or you have to pay for it.

    I will hire an immense army of lawyers to go after every man woman and child who makes more than a dollar a year.

    I will use my money to buy legislation and pass more laws for my own benefit.

    I will make neighbor fight neighbor, turn friends into enemys, I will so jam up the legal system that it will need to pay me to be restructured with counters, booths, tellers and lines to receive my cash.

    Want to pray to god? You'll need to pay me. You can donate too, but if that quarter hits the pan too loud that makes some sound, you'll need to pay me.

    Want to worship satan? Do it silently or you will have to pay me.

    I will have people out standing in their fields taking money for me, when the land owner's land makes sound.

    Every transmitter will have to go through me as well as the FCC.

    If you have a crystal clock, your going to pay.

    If you hunt whales in the ocean you will pay me.

    I will use my money to put more cool patents out, like the length of words. A penny a character. To tell me 'fsck you' would cost seven cents. possibly more depending on how loud you say it.

    I will patent the decible.

    You won't be able to write code because it is in a language that I own a royalty for.

    Simply asking me for your money will cost you.

    I will patent color as well, so anyone who can see will have to pay me, even dogs that see black and white, if you own one, your responsible to pay for it.

  84. Re:Problem with their analogy by einTier · · Score: 1
    They argue that the requirement to view DVDs on non-licensed devices is akin to requiring VHS tapes to be watched on Beta machines


    The problem with their analogy is thus: we aren't saying that manufacturers make sure we can play our DVDs on whatever platform we want, but that it shouldn't be illegal to make it play on whatever device we want.


    By using the logic of the DMCA, the analogy would be: Not allowing developers to make unlicensed playback machines for DVDs would be akin to making it illegal for Beta machine manufactures to incorporate the ability to play VHS tapes. You can immediately see how stupid that makes the DMCA look.

    --
    -------------------------------------------------- $665.95 -- retail price of the beast.
  85. Foreigners by hearingaid · · Score: 2
    Some even come up with good arguments why the DMCA is bad and their arguments are moderated up and everyone else agrees with their point of view.

    of course, some of those people aren't Americans, too. for example, I doubt any American politician is quaking in his boots (okay, Hillary isn't worried either :) at the thought of losing my vote.

    not that I've voted for anybody who won in an election that wasn't municipal in my life. curious, that. I have a very good history of voting for the winning alderman. in many different cities. :)

    --

    my old sig used to be funny, but then slashcode ate it and now it's not funny anymore

  86. This sentence no verb? by absurd_spork · · Score: 1
    They're against undoing the definition of temporary RAM buffer copies as possibly infringing (which Jessica Litman in Digital Copyright pegged as perhaps the central dirty trick in the DMCA as it opens the door to technical access control by publishers) is turned down


    I just don't understand this sentence. I mean, English is not my first language, but it's a close second; however I just can't figure out what "They're against doing X (which Y pegged as being Z) is turned down" is supposed to mean.

    1. Re:This sentence no verb? by Anonymous Coward · · Score: 0

      They're expands to they are, not their. So, "They are against undoing the definition of . .. " which makes sense(linguistically, at least).

    2. Re:This sentence no verb? by mrBoB · · Score: 1
      Well, AC, absurd has stumbled onto a very poorly-understood English rule. While absurd may not know all the rules for writing in Enlish, he has certainly tripped up on something that is a problem for many Americans. Let's look at that statement again. Keep in mind that English majors/professors explain that parentheses are to be used sparingly, as they merely _aid_ you in providing extra information (which can be cut out). Like my previous statement says, you can cut out the piece that is in the parentheses without losing any important structure. However, the statement in question does not follow the normal parentheses rule:

      ORIG

      "They're against undoing the definition of temporary RAM buffer copies as possibly infringing (which Jessica Litman in Digital Copyright pegged as perhaps the central dirty trick in the DMCA as it opens the door to technical access control by publishers) is turned down, so is a first sale doctrine for digitally distributed works, and the DMCA's effect on fair use is called out of scope for the report."

      MOD'D

      "They're against undoing the definition of temporary RAM buffer copies as possibly infringing ... is turned down, so is a first sale doctrine for digitally distributed works, and the DMCA's effect on fair use is called out of scope for the report."

      The dots indicate what I have deleted; the sentence is now confusing. Come on now, the sentence is a total run-on!! Damn near the whole post! So I have to agree with absurd_spork... the sentence makes no sense. Don't get me wrong, I'm not some anal retentive English-major. I just figured that you, AC, did not understand absurd's problem with the sentence. I'm just posting to clear things up for you :-) BTW, the info in the post is quite important to us here at Slashdot. I just wanted to address this AC's concern with the level of English compentence in Slash's readership. Bring on more, hopefully uplifting, DMCA posts.

      -Bob

  87. Re:Senator Feinstein's (CA) response to me abot DM by Anonymous Coward · · Score: 0

    You can't reason with a jackal. Stop voting for democrats and republicans. It's that simple. They are both sold out. The laws they vote on and the legislation they pass are based on money, not common sense.

    They are not leaders, they are puppets who do what they are told to do. They do not represent you and they are not responsible for their actions.

    In fact, they are domestic terrorists, by the fact that they are attacking the constitution. That is domestic terrorism.

    Every single military person who swore an oath to protect the United States against all enemies foreign and domestic should question their oath or get busy and bring these money hungry jakal's to justice, by making them responsible for their actions.

    Problem is they are breaking their oaths on a daily basis. They should not have even sworn to an oath if they are not going to believe in it, and uphold it when it is broken.

    The jakal's want the military to become a bunch of gay pussies. They want you disarmed so you can't take action, when peaceful demonstration doesn't work.

    It's all about power and control.

    Personally I see the same thing going on and on and on untill there is a civil war.

  88. Haha.. hidden proof that Bush is a puppet! by Anonymous Coward · · Score: 1, Funny

    From page 5 of the pdf:

    "Enclosure
    The Honorable Richard B. Cheney
    President
    United States Senate
    Washington D.C. 20510"

    Should that be Vice-President? I guess Bush really is a puppet..

  89. Re:Senator Feinstein's (CA) response to me abot DM by Cryptnotic · · Score: 1
    Don't forget some of the other things that are written into the Constitution, such as the rule that slaves be counted as 3/5 of a person for purposes of figuring out the number of congressional representatives.


    Slavery, like intellectual property, was so important to the founding fathers, that these rules and protections had to be included in the Constitution.


    Cryptnotic

    --
    My other first post is car post.
  90. Re:Senator Feinstein's (CA) response to me abot DM by Anonymous Coward · · Score: 0

    Well think things through sherlock.

    Dianne Feinstein is stupid. Its not that I agree or disagree with her. She's too stupid and clueless to form an opinion on. She's like the lady at Hair Cuttery who offers dumb opinions on stuff she doesn't have a clue about. You nod, because she's holding a sharp instrument near your neck, but you wouldn't make her a senator, right?

    So you idiots voted her in because of her party affliation, she gets money from MPAA and RIAA and guess which way she votes?

    Right.

    But wait, she cares for the poor and downtrodden. Or the dumber excuse "The other guy was worse". Well he wasn't and you guys did the wrong thing. You're morons.

    I take that back. You guys who voted for a moron are dumber than a moron. I don't know if there's a word for that kind of stupidity; I don't think such a word exists.

    But you voted for her, she's a puppet, and now we're all paying for your cluelessness. Way to dump on all of us.

  91. Copies in RAM... by Karellen · · Score: 2

    ...are surely 'fair use', aren't they?

    As the owner of a work copyrighted by someone else, aren't I allowed by 'fair use' to make as many personal copies of that work as I like, so long as I have destroyed all those copies if I ever get round to reselling that work to someone else?

    Copies in RAM are certainly not going to stick around (ditto copies in swap) for any length of time; they're not for commercial gain; they require me having a copy of the work already. Why on earth is extra legislation needed for these 'RAM copies', when fair use seems to cover it so well?

    K.

    --
    Why doesn't the gene pool have a life guard?
  92. Re:first post by BravoXL · · Score: 0

    eh, what can you do about it.

  93. Reselling software - Quickbooks by totallygeek · · Score: 1
    I just found out that you can't resell Quickbooks either! What is this world coming to?