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IEEE Adds DMCA Clause for Submitted Papers

xpccx writes: "Newsforge has this blurb about the IEEE changing its 'IEEE Copyright Form' for submissions to the 'IEEE Copyright Transfer & Export Control Compliance Form.' From the IEEE site: 'While the IEEE standard manuscript submission process has always required authors to represent that the necessary clearances and approvals have been obtained, the newly revised Form now requires the author's explicit affirmation that the manuscript does not violate U.S. export laws or restrictions.' And specifically from the new form, 'The undersigned further warrants that the publication or dissemination of the Work shall not violate any proprietary right or the Digital Copyright Millennium Act (the "DCMA").' Maybe the IEEE just wants to protect itself from DMCA lawsuits, but I hope their intention is not to abandon authors who get sued."

159 comments

  1. Perhaps they should change their name by theolein · · Score: 3, Funny

    From IEEE to USEEE.

    1. Re:Perhaps they should change their name by brain-in-a-box · · Score: 2, Informative
      From their FAQ:


      Q.
      What does IEEE stand for?

      A.
      The initials I-E-E-E represent the legal name of the IEEE, the Institute of Electrical and Electronics Engineers. IEEE is pronounced "EYE triple E." The IEEE is a global technical professional society serving the public interest and members in electrical, electronics, computer, information & other technologies.


      I is not for international. Personally I don't think that an institution which only accepts membership fees in $ and has no decent payment sheme for non-USians besides credit cards is hardly international.

      --
      You are the dot in slashdot !
    2. Re:Perhaps they should change their name by Anonymous Coward · · Score: 0
      The IEEE is a global technical professional society
      My emphasis added. Their name is correct, but their description is off. BTW, there is an IEE in the UK, which isn't the IEEE.
    3. Re:Perhaps they should change their name by Anonymous Coward · · Score: 0

      There are members in IEEE from virtually all developed portions of the world. Sounds pretty global to me. Now if you expect them to pretend to be ISO, then you'll be disappointed.

    4. Re:Perhaps they should change their name by arb · · Score: 2, Interesting

      The IEEE is a global technical professional society...

      I is not for international.

      Although global implies more than just the US.

      Personally I don't think that an institution which only accepts membership fees in $ and has no decent payment sheme for non-USians besides credit cards is hardly international.

      And yet I am able to pay my membership fees in Australian dollars if I so choose... In fact, the IEEE sets an exchange rate anually which tends to be more favourable than the actual exchange rate, meaning I effectively save money by paying with a personal cheque in Aussie dollars.

      However, I am getting more and more concerned that the IEEE is becoming far too US-centric. There is less and less distinction between the IEEE and IEEE-USA.

  2. They're just trying to.. by 56ker · · Score: 2

    protect themselves from lawsuits - that's all.

    1. Re:They're just trying to.. by Anonymous Coward · · Score: 0

      I didn't think your jokes in the other topics were very funny, so I used my 5 mod points to mod-bomb you. Have a nice day.

  3. Why aren't they fighting it? by sanermind · · Score: 3, Insightful

    One of the few organizations that has the power and/or clout to stand up to it, instead retreats into capitulation. They are a huge orginization, that is not just american, but has influence worldwide. And they are a research orginization ...for shame. I'm seriosly considering cancelling my membership.

    --

    ---
    the pen is mightier than the sword, the sword is mightier than the court, the court is mightier than the pen.
    1. Re:Why aren't they fighting it? by anthony_dipierro · · Score: 1

      Why aren't they fighting what? The DMCA? Probably because they are an organization representing primarily for-profit engineers, and the DMCA helps for-profit engineers (at least if you believe that copyright law helps for-profit engineers).

      If you don't think there should be laws to enforce copyright, you should seriously consider cancelling your membership.

    2. Re:Why aren't they fighting it? by flossie · · Score: 2, Interesting
      From the form: The IEEE, a not-for-profit organization headquartered in the State of New York in the United States of America

      I strongly agree with your sentiments, but it is an American organisation and thus very bound by US laws. Perhaps a better solution would have been to relocate the headquarters to a country with more sensible IP laws.

    3. Re:Why aren't they fighting it? by zenyu · · Score: 2, Interesting

      ...for shame. I'm seriosly considering cancelling my membership.

      Damn, I would too but I cancelled when they came out with their "ethics" statement. If I agree to donate my labor for some cash it doesn't mean I'm a serf who can't check my e-mail on my lunch break because I'd be using my employer's computer. IEEE might as well fault me for using employer air, at least that is used up in the process.

    4. Re:Why aren't they fighting it? by Anonymous Coward · · Score: 0

      Why should they fight it? Not every organization is a political one, and even if they had an opinion on it, why do you think it would be against the DMCA?

      Cancel your membership, I'm sure you'll be missed.

  4. Umm... by iONiUM · · Score: 1

    Is it DCMA or DMCA? The article seems to be confused...

    1. Re:Umm... by Kwikymart · · Score: 1

      Shhh! No one tell them they made a mistake. It kinda gets me wondering if a lawyer made that IEEE document up or some intern making peanuts an hour typed it out (maybe both).

      --

      Buying a Dell computer is equivalent to dropping the soap in a prison shower.
    2. Re:Umm... by Digital+Prophet · · Score: 2, Funny

      Is it DCMA or DMCA? The article seems to be confused...

      It is DMCA.

      They are confused because they are retarded. The DMCA does that to people.

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

      It's DMCA. Use this mnemonic device:

      Democracy-Mutilating Corporate Arsenal.

  5. Oh no! by Anonymous Coward · · Score: 0

    Get this page off before they decide to sue /. for contributory copyright circumvention

  6. A. Einstein could have been easily sued under actu by software_non_olet · · Score: 2, Insightful

    After he published the special relativity theory he said:

    "If I hadn't written it, it would've taken only a few month for somebody else to publish it. The time was ripe."

    Whose ideas are the ideas we write?

    (c) copyright 2002 Slashdot.org

  7. Maby this is a good thing... by zulux · · Score: 3, Insightful

    Perhaps in the future, a good case could be made infront of the Supreme Court that the DCMA does stifle free speach - and this will be some of the evicence.

    --

    Moneyed corporations, non-working 'poor' and criminal prisoners are turning productive citizens into tax-slaves.

  8. Its for getting sued by Anonymous Coward · · Score: 2, Insightful

    In these days and times its not only the society they are trying to protect but the volunteer editors and staff as well. I am good friends with one the editors of the larger societies and he is constantly worried about getting sued for the smallest things. Yes its a shame that they have to do this, but they really have little choice in protecting themselves. If you feel disgusted then direct your anger and resources at the cause (The DCMA) and not at who its affecting.

  9. DCMA? by APDent · · Score: 4, Funny

    The IEEE "Export Control Compliance Form" at the IEEE web site reads "Digital Copyright Millennium Act" (DCMA), and not "Digital Millennium Copyright Act" (DMCA). Is this a clever ruse by the IEEE to confuse dyslexic lawyers?

    1. Re:DCMA? by wthynot · · Score: 1


      Is this a clever ruse by the IEEE to confuse dyslexic lawyers?

      ...or encryption which will get them into trouble once they correct the--ahem--"typo"?

    2. Re:DCMA? by Tablizer · · Score: 1

      (* IEEE web site reads "Digital Copyright Millennium Act" (DCMA), and not "Digital Millennium Copyright Act" (DMCA). Is this a clever ruse by the IEEE to confuse dyslexic lawyers? *)

      If it was "Digital Act of Millennium Copyrights", then we would have the cliche, "DAMC if you do, DAMC if you don't".

    3. Re:DCMA? by Citizen+of+Earth · · Score: 1

      IEEE web site reads "Digital Copyright Millennium Act" (DCMA), and not "Digital Millennium Copyright Act" (DMCA). Is this a clever ruse by the IEEE to confuse dyslexic lawyers?

      No, it's just a scientifically accurate statement. This is not the "Digital Millennium"; it's the "Copyright Millennium". (Though they could stand to learn some correct hyphenation.)

  10. Who's the fool at IEEE by Slash+Veteran · · Score: 1

    who can't get the name of the copyright act correct, on a legal form no less. DMCA.

    1. Re:Who's the fool at IEEE by Compulawyer · · Score: 2

      Should make it easy for authors to ensure compliance. Even I am willing to state that nothing I submit violates the DCMA. The DMCA, however, is another story....

      --

      Laws affecting technology will always be bad until enough techies become lawyers.

  11. legal issues by Alien54 · · Score: 4, Insightful
    This has been an issue that no one really wants to confront, making sure that the stuff submitted to the organization or the site does not not present a legal issue.

    You can have flame wars over this stuff. I can recall watching the folks who put this ageement together have an all out brawl over three or four months before they got it nailed down.

    Of course people freak when they see a long license agreement. Paranoia takes over.

    But there is the other angle, that people are being held responsible for the material they submit, so that the publication (web or otherwise) doesn't take the penalty for your stupidity if you put up something that could cause a legal problem.

    --
    "It is a greater offense to steal men's labor, than their clothes"
    1. Re:legal issues by ciole · · Score: 2

      Of course people freak when they see a long license agreement. Paranoia takes over.

      But there is the other angle, that people are being held responsible for the material they submit, so that the publication (web or otherwise) doesn't take the penalty for your stupidity if you put up something that could cause a legal problem.


      This is true. From this angle, it looks just like a case of CYA.

      But in the context of censorship, this could be seen as the manifestation of a chilling effect. Our society needs certain important forums, such as this, to take a stand at key moments. Now is one such moment.

      What is the ultimate purpose of these forums? To dissemate relevant information and encourage the progression of our thoughts? The DMCA hinders these things. To pass along its oppression is to forfeit the right to be a significant forum for our discussions.

      If the City Lights Press hadn't been willing to fight a legal battle, no one would be reading Alan Ginsberg's "Howl" today.

    2. Re:legal issues by gerddie · · Score: 2

      But there is the other angle, that people are being held responsible for the material they submit, so that the publication (web or otherwise) doesn't take the penalty for your stupidity if you put up something that could cause a legal problem.

      Is it stupidity that a researcher from Germany does not know the DCMA?
      I have studied math, and not law for good reasons. And anyway, I wouln't have studied US law. If it wasn't for my hope to be able to play DVDs on my linux box, I wouln't know nothing about the DMCA.
      I wonder which of my collegues does. - I'm quite sure, they don't, and they regulary submit papers to IEEE journals.

    3. Re:legal issues by Alien54 · · Score: 2
      very simply, would you be willing to assure the publication that the papers you submit will not incur any legal liability for them?

      In your case this involves the laws of your country and the laws of the country where the publication is printed, etc.

      --
      "It is a greater offense to steal men's labor, than their clothes"
    4. Re:legal issues by gerddie · · Score: 2

      Fortunately, my research area seems not to be infected by the influence of the DMCA, but given that the papers are peer reviewed anyway, it would be lots simpler, if the editor points the author to issues with local law, instead of forcing authors from all over the world, to learn about some very special US-law.

      Of cource, there is the option to publish in another journal and to avoid conferences in the USA ...

  12. US anti trust laws????? by Cowboy+Bill · · Score: 1

    come on guys is IEEE run by the US govt? This is an insult to researchers in the rest of the world. My membership is out of the window for sure.

    --
    --> Your Wisecrack Here
  13. Re:You'd all be talking German by Anonymous Coward · · Score: 0

    Stop selling guns to minors and start educating them

    Also, stop selling them to everyone else and we might have a more peaceful planet

  14. 2 questions by mocm · · Score: 3, Interesting

    What about foreign authors, are they required to be aware of US law and abide by it even if their own country doesn't have such a law?
    And who decides what violates the DMCA, if not a court of law?

    --
    ***Quis custodiet ipsos custodes***
    1. Re:2 questions by GigsVT · · Score: 2

      Didn't you even read the Slashdot blurb? "The undersigned warrants"...

      It's the same thing as napster saying "you will not use our network for trading copyrighted files". "For tobacco use only". "Do not use to copy works in violation of copyright" - on copy machines. Etc.

      It's just a cover your ass clause, but it also apparently means that the IEEE doesn't want to be party to any DMCA (DCMA? huh?) suits.

      --
      I've had enough abrasive sigs. Kittens are cute and fuzzy.
    2. Re:2 questions by geekoid · · Score: 2

      WTC. if your country is a member of WTC, then you can be sued/sent to jail/fined for violating the laws/code of another members country.
      This has already been done several times.
      So if you think U.S. laws don't affect your, think again.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  15. Already I was worried about my membership dues by pommiekiwifruit · · Score: 2, Informative

    when the US chapter launched its campaign against forgeign programmers working in the US (under H1-B visas).

    1. Re:Already I was worried about my membership dues by orange7 · · Score: 3, Insightful

      Yup. Dumb, dumb and dumber.

      Every tech company I've worked at in the States has had around a 40-50% foreign engineering crew. Same usually goes for CS graduate students.

      I know a number of people who cancelled their IEEE membership over the H1-B campaign, and I'm betting many more will cancel over this. The IEEE seems to have forgotten who its members are.

      A.

  16. Shortsighted by Biedermann · · Score: 4, Funny

    As a body that tries to appear International without explicitly saying so, shouldn't they also adhere to the Icelandic Indecency Act of 1536 or the Samoan Code Against Sodomy as well as the Kansas Internet Cleanup Code?

    1. Re:Shortsighted by Ducon+Lajoie · · Score: 1

      Actually, you have a good point...
      If they were an International Organisation(Think the UN, WIPO, WTO, ITU, ISO, CERN, etc) they would have immunities against lawsuits in all the countries who ratified their constituting treaty.
      Now, as much as we like the IEEE, there's just a US based group subject to US laws. They don't really have a choice but to cover their butts comsidering the current trigger happy climate for intellectual property violations.

      And you'll find that any other standardisation group (ANSI for example) is doing pretty much the same thing with their own standards right now.

    2. Re:Shortsighted by Biedermann · · Score: 1
      They don't really have a choice but to cover their butts comsidering the current trigger happy climate for intellectual property violations. And you'll find that any other standardisation group (ANSI for example) is doing pretty much the same thing with their own standards right now.

      The difference being of course that ANSI is the AMERICAN NATIONAL Standards Institute, while the IEEE blabbers about being a "technical professional association of more than 377,000 individual members in 150 countries."
    3. Re:Shortsighted by Anonymous Coward · · Score: 0

      Well yes and no.... The DMCA can't be enforced against the ISO itself. No American court would allow it, unless ISO waives their immunities.

      However, if standard ISO-(*&#$% happens to be used as a part of a circumvention device by a third party, or is not in any way "IPR clean" who know that a US court might say then under the DMCA.
      This would not only give bad press to the ISO, but put all other who bought the recommendation from ISO (or were forced to use it, if for example ANSI picked it up) in a bad position to say the least...

      The ISO probably can not be sued directly, but does not need the bad press and the ocntroversy. If americans want to participate in norm creation, they'll have to live with the darker side of those wonderful IPR laws and bite the bullet: they have to take it upon themselves to certify the intellectual property rights in their contributions.

      Previously, since most stuff was created by comitees and study groups, the IPR were usually directly assigned by all to ISO (or IETF or IEEE or ANSI). But now, with more and mre software and other "pre packaged" norms being rubber stamped by IEEE, it's becoming a growing concern

  17. Time to stop publishing with the IEEE? by cullenfluffyjennings · · Score: 2, Interesting

    The IEEE does not pay authors - it is all academics and professionals. They do not pay editors or review boards - again all volunteer. They charge very high fees to libraries and even individuals. The online subscriptions cost almost as much as the print subscriptions.

    In short they do very little for the huge amount paid to them. Why can the academic community not form a purely web based journal that is of the same academic peer review quality of the IEEE and available to all for free? Seems like this might be a good time to figure out the answer to that questions.

    1. Re:Time to stop publishing with the IEEE? by Tablizer · · Score: 1

      (* In short they do very little for the huge amount paid to them. Why can the academic community not form a purely web based journal that is of the same academic peer review quality of the IEEE and available to all for free? Seems like this might be a good time to figure out the answer to that questions. *)

      I got an idea: People submit papers, and peers rank the papers from -1 to 5. The top ranked papers move to the top of the list (unless you change your sort preferences). And then .......... wait. Silly me. That is Slashdot.

      (Except I wish the moderators would give details on whey they bump certain things. It is frustrating to see what looks like solid logic get bumped without having a clue why. This "hit-and-run" moderation is one of the most frustrating things about /.)

    2. Re:Time to stop publishing with the IEEE? by blibbleblobble · · Score: 2

      I think some people have started to implement this (a free implementation of the academic journal model) but I wouldn't know where I put the link to it.

      Historically, lots of people were pissed that the IEEE took ridiculous amounts of money to pay for peer-reviews of these journals, but that the reviewers themselves got a pittance.

      Under the new system, the journals are available free of charge, but access to the journals is forbidden to any organisation which contributes to paid journals. I think there was a voluntary-contribution scheme to reward reviewers more generously than the IEEE, but don't quote me on the details.

      This got a lot of attention on slashdot, for the obvious comparaisons between free software and free publishing. (Nov 2001?)

      Please post a link if anyone knows more

    3. Re:Time to stop publishing with the IEEE? by eaolson · · Score: 1
      Under the new system, the journals are available free of charge, but access to the journals is forbidden to any organisation which contributes to paid journals. I think there was a voluntary-contribution scheme to reward reviewers more generously than the IEEE, but don't quote me on the details.

      As a scientist that submits articles to these "paid journals" and also reviews articles for publication, I would immediately distrust any journal that would sacrifice the ability of information to flow to those who needed it for the sake of making a political point.

      Come on, would you approve of the American Chemical Society refusing to sell a subscription to a library of a university because faculty also publishes in American Physics Society (a competitor's) journals?

  18. they just lost papers by unsinged+int · · Score: 1

    Instead of publishing in an IEEE journal or an IEEE-affiliated conference, researchers with ideas that could be affected by the DMCA will publish in lesser-known venues. This not only hurts the IEEE, but the academic world at large since such conferences are high-profile and the IEEE database of papers is a very convenient source of information. Now it will take even longer to find the information you want.

    Let's hope the ACM doesn't follow suit...

    1. Re:they just lost papers by SteelX · · Score: 1

      Yes I agree. As a graduate student and an IEEE member researching in computer security, which also involves breaking security of certain products, I think I'll have to start thinking of publishing my papers elsewhere. This is such a shame. IEEE has some of the best conferences around. But making me sign that form is way too much.

  19. Re:You'd all be talking German by repsychler · · Score: 1
    Also, stop selling them to everyone else and we might have a more peaceful planet
    Yes, everything will be much better when only the criminals have guns.
    --
    Duffman can never die! Only the actors who play him!
  20. More posturing, courtesy of the IEEE by b.foster · · Score: 3, Insightful
    I will freely admit that the DMCA, U.S. export regulations, and puritanical restrictions on pornography have made a veritable legal minefield out of the tech industry in this country. I oppose any limits on free speech on the net, and feel that techies, industry, and the nation-at-large is ill-served by all of the regulations dreamt up by content holders and elected luddites.

    However, cutting to the chase, the IEEE and the authors it represents really have little to fear in reality. The IEEE isn't "2600" Magazine; it doesn't deal with controversial subject matter on a regular basis. They aren't in the computer security business and they are unlikely to accept any remotely controversial manuscript in the first place. They changed their rules for one simple reason: they think it will make people care about the injustices of the law.

    Unfortunately, they are sadly mistaken. Engineers have zero political clout, here and anywhere else in the world. If we had clout, the CDA wouldn't have seen the light of day; Clinton wouldn't have been able to get away with jacking up the H1-B visa quota by 1.5 million every year during the tech boom; and the USA-PATRIOT act wouldn't have come to fruition. The IEEE wants to bring about public awareness of the injustices of our government, but they're just preaching to the choir. We, as computer professionals (especially the academics among us), understand the problem and want a solution. But we don't vote; we don't lobby; and we don't rent hookers for our congressmen.

    What is the solution? The solution is to get the right people on our side. We need to forge a partnership with major corporations; we need to practice give-and-take to arrive at a compromise. That's hard for most techies to do because most of us hate corporations. But if we don't join them, they will beat us. The choice is ours.

    bill

    1. Re:More posturing, courtesy of the IEEE by Anonymous Coward · · Score: 0

      They first shared the burden of responsibility with the authors, now they offload it to the authors ... yeah sure, they do it to make a point. Not because they are weasels not willing to put their money where their "mouth" is (parenthesis since apart from stating scientific discourse should not be prevented they have not yet given a true policy statement on the DMCA when they said they would research one in fall last year).

    2. Re:More posturing, courtesy of the IEEE by Crispin+Cowan · · Score: 2
      However, cutting to the chase, the IEEE and the authors it represents really have little to fear in reality. The IEEE isn't "2600" Magazine; it doesn't deal with controversial subject matter on a regular basis. They aren't in the computer security business and they are unlikely to accept any remotely controversial manuscript in the first place. They changed their rules for one simple reason: they think it will make people care about the injustices of the law.
      You could not be more wrong about that. The IEEE Computer Society Tecnical Committee on Security and Privacy runs some of the most significant security conferences, including the "Oakland" security conference and the Computer Security Foundations Workshop. It is entirely likely that the IEEE may end up considering publishing DMCA-related papers, making this change highly problematic.

      Crispin
      ----
      Crispin Cowan, Ph.D.
      Chief Scientist, WireX Communications, Inc.
      Immunix: Security Hardened Linux Distribution
      Available for purchase

    3. Re:More posturing, courtesy of the IEEE by VP · · Score: 1

      ...jacking up the H1-B visa quota by 1.5 million every year during the tech boom...

      After all the raising of the quota, the number is between 180,000 and 200,000 per year, so the above figure has no basis in reality...

    4. Re:More posturing, courtesy of the IEEE by geekoid · · Score: 2

      actually, we need to unionize.
      Are dues should go to 2 things.
      1)umbrella insurance, so my family can stayed insured regardless of where I work, or when I change jobs. You get 1,000,000+ memeber, the insurance would be dirt cheap.
      2)lobbiest.

      the single most important unionization item is seniority. If I have the skills I need to do my job, I should not have to fear loosing my job because I'm older, or paid more.
      This whasen't been much of a problem in the software programming area, but it will be.
      Ask any engineer that went through the 70's.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  21. DCMA by ipfwadm · · Score: 1

    I think the lawyers who wrote "Digital Copyright Millennium Act" unintentionally summed it all up for us: so far this has been the "copyright millennium."

    Though I wonder if this mistake has any effect on the validity of the agreement.

  22. More Evidence of the Chilling Effect of the DCMA by Royster · · Score: 4, Insightful

    The Felton suit failed because the RIAA and the Justice Department ran away from a defendant who was clearly falling under the researcher exemption.

    Now we have a publisher of academic papers ignoring the same exemption and asking authors to censor themselves. If that isn't strong evidence of the chilling effects of the DCMA, I don't know what is.

    --
    I have discovered a truly marvelous sig, unfortunately the sig limit is too small to contain i
  23. ieee members, whine.. non-members, tell them why by Anonymous Coward · · Score: 0
    There, that was easy. A ten minute letter or e-mail won't kill ya. Anyone who doesn't is basically condoning it.

    This post applies to every activism issue that you agree with that pops up here.

  24. RE: You'd all be talking German by Anonymous Coward · · Score: 0

    If it wasn't for us, you'd all be speaking German. There, happy now, you grammarless asshole?

  25. IEEE obviously intends to hang authors out to dry. by isaac · · Score: 5, Interesting
    How explicit a disclaimer do you need? It's obvious that not only does IEEE have no intention to stand up to DMCA claims brought against papers submitted for publication or presentation, but that if such claims are brought, that IEEE fully intends to recover (from the offending author) any costs they incur in the process of kowtowing to the offended media concern.

    Why else would they make authors warrant that their work does not conflict with the DMCA? If the IEEE finds themselves named in a DMCA suit, they will go after the author (more probably, the author's employer) to recover their costs in a breach of contract action.

    Bottom line, IEEE is folding like a full-service laundry. (Boo, hiss as appropriate)

    -Isaac

    --
    I am not a lawyer, and this is not legal advice. For Entertainment Purposes Only.
  26. Who pays attorneys fees? Chilling effect. by markwelch · · Score: 1

    After quoting new contract language: > "The undersigned further warrants that the > publication or dissemination of the Work shall > not violate any proprietary right or the > Digital Copyright Millennium Act" xpccx writes: > Maybe the IEEE just wants to protect itself > from DMCA lawsuits, but I hope their intention > is not to abandon authors who get sued. What's the difference? The IEEE is asking authors to "warrant" that their works don't violate the DCMA, which means the author is accepting full responsbility if the work does violate the DCMA. What was NOT quoted was this: > "The undersigned agrees to indemnify and hold > harmless IEEE from any damage or expense that > may arise in the event of a breach of any of the > warranties set forth above." This is interesting language -- it requires the author to pay any damages or expense arising from a breach, so if the DCMA is violated, the author is responsible for all attorney's fees and damages. The IEEE does not expressly require that the author pay all defense costs from the time an action is filed, nor at all if there is no breach. The bottom line, though, is that if a lawsuit is filed, the IEEE and author will need to somehow hire an attorney to defend against the claim, and if the ultimate verdict is that the "work" violates copyright, DCMA, or other laws, then the author is on the hook for all the fees, costs, and damage awards. This is "chilling effect" is not the IEEE's fault, it is an intrinsic, intentional feature of the DCMA and other recent changes to intellectual-property laws in the USA. The goal is not to actually outlaw everything, but to create a cloud of uncertainty that will cause most people to simply avoid the clouds entirely.

    --
    -- http://www.MarkWelch.com/ Pleasanton California
    1. Re:Who pays attorneys fees? Chilling effect. by sweet+reason · · Score: 2, Insightful

      "The undersigned agrees to indemnify and hold harmless IEEE ...

      IANAL, but this sounds like the author is agreeing not to sue IEEE for actions arising out of publication, NOT that the author is agreeing to pay IEEE's expenses if someone sues the IEEE.

      --
      Everything should be made as simple as possible, but not simpler. -- A.E.
    2. Re:Who pays attorneys fees? Chilling effect. by markwelch · · Score: 1
      Well, IAAL*, and indemnify generally means to assume liability for any valid claims, and for expenses associated with such claims.

      That's what "indemnify" means -- a guarantee of reimbursement in the event of specified events. The dictionary definitions:

      • Merriam-Webster:
        1: to secure against hurt, loss, or damage
        2: to make compensation to for incurred hurt, loss, or damage.

      • Microsoft Encarta:
        1. insure against loss: to provide somebody with protection, especially financial protection, against possible loss, damage, or liability
        2. reimburse after loss: to pay compensation to somebody for damage, loss, or liability incurred.

      It sounds as if you interpret the term as a promise not to sue the IEEE, which arguably is included under "hold harmless" (certainly the contract makes clear that the author, by signing, waives the right to sue IEEE alleging that the publication of his work was not authorized).

      The issue here, because of the precise language of the IEEE contract, is whether the author will be required to "indemnify" against unsuccessful claims (e.g. pay the costs to defend a lawsuit, if the defense wins). That's what your auto insurance policy does: covers all costs associated with claims, including defense costs, regardless of the outcome (except for certain exclusions).

      * IAAL = I Am A Lawyer (IANAL = "I Am Not A Lawyer"). This is NOT legal advice, and I withdrew from the full-time practice of law in 1998, but I'm pretty sure the legal meaning of the word "indemnify" has not changed since 1997.

      --
      -- http://www.MarkWelch.com/ Pleasanton California
    3. Re:Who pays attorneys fees? Chilling effect. by sweet+reason · · Score: 1

      Well, IAAL*, and indemnify generally means to assume liability for any valid claims, and for expenses associated with such claims.

      ah, thank you. i had thought that 'indemnify' had a weaker meaning than that, something like "won't come after you".

      --
      Everything should be made as simple as possible, but not simpler. -- A.E.
  27. One email by Anonymous Coward · · Score: 5, Insightful
    Once voice probably won't matter, but here goes:

    To: webmaster@ieee.org

    Please make this available to those in IEEE who may be monitoring public opinion on this issue. Thank you.

    As a graduate student of Computer Science and former student member of IEEE, I was horrified to read (http://newsvac.newsforge.com/article.pl?sid=02/04 / 4/0039211) that you require submitters of papers to represent that their research is politically correct wrt the DMCA. If anything, the IEEE should be taking an active stance against this law and using its lobbying resources to speak out against it, not bowing before the corporations that purchased this unjust (and inapplicable to academic security research, I might add) law.

    It is bitterly disappointing to see an august organization like the IEEE acquiesce to those who would chill freedom to speak and publish in the technical arena.

    Unless IEEE rapidly reverses this blunder, I will have to stop recommending IEEE membership for students of Electrical Engineering and to forcefully disassociate myself from the organization.

    Respectfully,

    <name>

    ~~~

    1. Re:One email by Ninja+Programmer · · Score: 1

      Why hasn't the above post been moderated to +5 insightful?

    2. Re:One email by Cid+Highwind · · Score: 0

      Why hasn't the above post been moderated to +5 insightful?

      Because the moderators are all browsing at +2, highest scores first.

      --
      0 1 - just my two bits
    3. Re:One email by HiThere · · Score: 2

      Why hasn't the above post been moderated to +5 insightful?

      Because webmaster is the wrong destination? I don't know what the correct email address to protest this is, but I doubt that it's webmaster.

      Anyone got a better address?

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    4. Re:One email by Anonymous Coward · · Score: 1, Informative

      try one of these

      member-services@ieee.org
      marketing@ieee.org

      or take your pick from

      http://www.ieee.org/about/location/

    5. Re:One email by Cid+Highwind · · Score: 1

      Re:One email (Score:0)
      You only modded that down because you know it's true

      --
      0 1 - just my two bits
  28. (Corrected with readable text - shoulda previewed) by markwelch · · Score: 3, Informative
    After quoting new contract language:
    "The undersigned further warrants that the publication or dissemination of the Work shall not violate any proprietary right or the Digital Copyright Millennium Act"

    xpccx writes:

    Maybe the IEEE just wants to protect itself from DMCA lawsuits, but I hope their intention is not to abandon authors who get sued.

    What's the difference? The IEEE is asking authors to "warrant" that their works don't violate the DCMA, which means the author is accepting full responsbility if the work does violate the DCMA.

    What was NOT quoted was this: "The undersigned agrees to indemnify and hold harmless IEEE from any damage or expense that may arise in the event of a breach of any of the warranties set forth above."

    This is interesting language -- it requires the author to pay any damages or expense arising from a breach, so if the DCMA is violated, the author is responsible for all attorney's fees and damages. The IEEE does not expressly require that the author pay all defense costs from the time an action is filed, nor at all if there is no breach.

    The bottom line, though, is that if a lawsuit is filed, the IEEE and author will need to somehow hire an attorney to defend against the claim, and if the ultimate verdict is that the "work" violates copyright, DCMA, or other laws, then the author is on the hook for all the fees, costs, and damage awards.

    This is "chilling effect" is not the IEEE's fault, it is an intrinsic, intentional feature of the DCMA and other recent changes to intellectual-property laws in the USA. The goal is not to actually outlaw everything, but to create a cloud of uncertainty that will cause most people to simply avoid the "cloud" entirely.

    --
    -- http://www.MarkWelch.com/ Pleasanton California
  29. Re:You'd all be talking German by sweet+reason · · Score: 1

    Yes, everything will be much better when only the criminals have guns.

    and where will the criminals get guns if they are no longer for sale? make them themselves? that's not nearly as easy as making heroine.

    --
    Everything should be made as simple as possible, but not simpler. -- A.E.
  30. Question for lawyers... by infraoctarine · · Score: 2, Interesting
    So, the copyright transfer form also says this:
    (1) the information contained in any materials submitted to the IEEE in connection with the Work is not subject to any restriction related to its disclosure, because it is not defense-related, classified, or subject to any other disclosure restrictions by any government, including the United States government, that has authority to restrict the dissemination of such information
    If I understand this ritght, the author is supposed to make sure the work is not restricted in any way in any country. I.e. the author has to know the law of every country on this planet! Am I reading this correctly?

    (disclosure: I have signed one of these once, but I do not remember this clause either. It's possible it was there already but that I didn't pay enought attention.)

    Also, it seems like all foreign authors now also must comply with the DMCA if they want to be published in an IEEE publication. I wonder what happens if they sign, but the work is later found to be in violation of the DMCA. Can you be prosecuted for that even if you don't live in the US, or performed the work in the US?

    This leaves me with a lot of questions...

  31. Re: You'd all be talking German by Anonymous Coward · · Score: 0
    That should be "If it weren't for us, you'd all be speaking German." If you are going to flame someone for grammar, be certain to use the language correctly yourself.

    ~~~

  32. Maybe it's a strategy. by Paul+the+Bold · · Score: 4, Interesting

    Right now, it is a small group of people devoting a limited amout of resources to fighting the DMCA. As the Felten case showed, it is possible to use the threat of lawsuit to prevent publication, no matter how constitutionally unsound (remember, when it looked like it was headed for the Supreme Court, the plaintiff backed down). This announcement by IEEE should send shockwaves around the world. With "more than 377,000 individual members in 150 countries" and as the producer of "30 percent of the world's published literature in electrical engineering", this will make more than a little noise.

    IEEE has clout and reputation, it is doubtful that something like this is going to kill their journals. I am an optimist; I like to think that they are stepping up to the plate rather than backing down.

  33. Geeks of the World, Unite! by Tablizer · · Score: 2, Interesting

    (* Engineers have zero political clout *)

    Doctors and lawyers have trade unions, or at least PAC groups. How come computer and engineering geeks can never get together?

    Perhaps we are too anti-social to organize?

    1. Re:Geeks of the World, Unite! by Anonymous Coward · · Score: 0

      You're seriously telling me LAWYERS aren't anti-social?

    2. Re:Geeks of the World, Unite! by Malcontent · · Score: 1

      Do you read slashdot? Geeks hate unions and union members more then anything else in the world. I suspect this is because they see themselves are superior to the blue collar workforce. Somehow they don't want to sink themselves to the level of plumbers, electricians, police, firefighters, teachers etc.

      It's to their detriment and stupidity though. The doctors and the laywers also don't want to taint themselves with the stink of the unwashed masses so they form "associations". The American Medical Association, the bar association etc. There is the ACM but most geeks don't join it. There is the FSF but most slashdotters hate RMS more then they hate teachers.

      --

      War is necrophilia.

    3. Re:Geeks of the World, Unite! by Tablizer · · Score: 1

      (* The doctors and the laywers also don't want to taint themselves with the stink of the unwashed masses so they form "associations".......There is the ACM but most geeks don't join it. *)

      Perhaps we should explore the why's of this more. Is the "fault" with geeks or ACM?

    4. Re:Geeks of the World, Unite! by Tablizer · · Score: 1

      (* You're seriously telling me LAWYERS aren't anti-social? *)

      I suppose this is a definition issue. I meant "social" as in "likes to associate-with/be-around others", and not necessarily "make society better".

    5. Re:Geeks of the World, Unite! by Malcontent · · Score: 2

      I suspect the former. It takes at least a miniscule amount of selflessness and collectivism to join a union and geeks don't have those. You have heard the term herding cats? cats are not pack animals, they live solitary lives much like geeks.

      --

      War is necrophilia.

    6. Re:Geeks of the World, Unite! by Tablizer · · Score: 2, Insightful

      (* You have heard the term herding cats? cats are not pack animals, they live solitary lives much like geeks. *)

      1. We wouldn't be here on slashdot if we were truly solitary. Perhaps geeks don't like *personal* contact.

      2. Some dumpsters seem to have an awful lot of cats. Perhaps they are simpy after the same grub rather than like to be together. But, it just seems like there are other dumpsters to "share".

    7. Re:Geeks of the World, Unite! by Malcontent · · Score: 2

      Great analogy with the dumpster.

      --

      War is necrophilia.

  34. Actually this is pretty old by SteelX · · Score: 2, Informative

    If you download the PDF version of the form, open it in Acrobat Reader and choose Document Info, you'll see that this form was actually created back in October 24, 2001. Plus, the name of the form NewCRform101901.htm should also hint that it was done a pretty long time ago (the date is right there).

    However I don't know whether the form was already up there all along, or perhaps the Newsforge submitter just spotted it recently and thought it was new.

  35. Look, which is it? by Anonymous Coward · · Score: 0

    Is DMCA or DCMA ????

  36. Re:I JUST POURED PETRIFIED HOT GRITS DOWN MY PANTS by Anonymous Coward · · Score: 0

    i just poured pertified hot grits down my beowulf cluster of natalie portmans.

    frost pist.

  37. Re:You'd all be talking German by Brandeissansoo · · Score: 1

    That doesn't really make sense. I'd much rather get shot once from a room's distance than be stabbed, clubbed, or beaten with some big stick that the criminal is using since there are no guns. Should we outlaw the sale of knives? brooms? Just about anything can be used as a weapon. If someone can make heroin, they can make a 2x4 with a nail in it.

  38. Helpful Help by nevek · · Score: 1

    Heres the form in PDF for anyone who's interested.

    http://www.angelfire.com/falcon/nevek/IEEE_FORM. PD F

  39. IEEE is just a business by Anonymous Coward · · Score: 0


    IEEE is just a business. Those days of when the IEEE stood for
    something are long gone. Today, it is dominated by lawyers and
    "politico-engineers" who look at the IEEE as just another ladder
    to .

    I have been an IEEE member for years, and watched the steady decline.
    They have absolutely no moral leadership. They represent big
    businesses more than the field of engineering.

    Their aim is to make money at costs. Just look at their
    "online publications access policy". They charge an arm
    and a leg for online access to journals, when it costs much
    less than the dead-tree version. And even if you pay for online
    access, you will quickly find out that most of the stuff is
    not included; you have to keep paying more and more to get
    wider access.

  40. Huh? by Quixote · · Score: 2

    Why should the DMCA apply to, say, an author from India? Is the IEEE in the business of enforcing laws from all over the world?? So, shouldn't they adopt the "lowest common denominator" as the law that they'll adhere to?

    1. Re:Huh? by Anonymous Coward · · Score: 0

      Because you can access their content from the US (in violation of DMCA), and they don't want to segment their publications (both online and print).

    2. Re:Huh? by geekoid · · Score: 2

      because of trade ageements, and treaties.
      If you violate an american law, and live in a country that has signed a treay with us, we can prosecute you.
      This is why WTO is bad.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    3. Re:Huh? by Quixote · · Score: 2

      because of trade ageements, and treaties. If you violate an american law, and live in a country that has signed a treay with us, we can prosecute you. This is why WTO is bad.

      OK, I'll bite. There are 1000s of laws around the globe that are violated by Americans (among others, but lets pick on the good ole USofA for now) every day. Examples: possession of porn; conversion from one religion to another; visiting "banned" sites; reverse engineering things; etc. Should Joe Sixpack be prosecuted/extradited because he broke some obscure law in Lower Mongolia?

  41. No No! by Anonymous Coward · · Score: 0

    Folks, this isnt a bad thing, its a good thing - basically they are saying that if some specification or protocol is protected by DMCA, it cant become part of an IEEE standard..

  42. IEEE and ACM have outlived their usefulness... by Jagasian · · Score: 5, Interesting

    ...just publish your tech reports, research papers, etc, on your own University web page. Use your own University's department to organize conferences and other get-togethers.

    1. Re:IEEE and ACM have outlived their usefulness... by interiot · · Score: 2, Insightful

      And peer-review by people who know what they're doing? We could just use Slashdot! *smirk*

    2. Re:IEEE and ACM have outlived their usefulness... by Citizen+of+Earth · · Score: 2

      And peer-review by people who know what they're doing? We could just use Slashdot! *smirk*

      Smirk if you must, but the most valuable thing about scientific journals (and, actually, coincidentally, Slashdot, by the way), is peer review. University professors and graduate students provide this service to scientific journals for free and then the journal rips them off for copyright of other researchers' papers.

      The journals and copyrights could be removed entirely from the equation without really being missed. You just need to establish respectible web sites to organize and review papers, and a moderation system for community discussion that is a little better moderated than Slashdot, and voting on peer-review ratings by registered and qualified people only.

      A group of universities should get together and organize such a "publication".

  43. Re:I JUST POURED PETRIFIED HOT GRITS DOWN MY PANTS by Anonymous Coward · · Score: 0

    I just petrified a Frost Pist of Pancake Eating Meept!'s down a Beowulf Cluster of Natalie Portmans goats.cx

  44. The Trollslap Script by Anonymous Coward · · Score: 0

    I found this code on slashcode as an evil ploy to install linux on trolls computers
    // The trollslap, Written by Jon Katzes penis // Not released under the General Pissing Licence (GPL) Or the LarGer Penis Licence (LGPL)
    // Written in Slashcode
    var trolls=memberswhohavekarmalessthan0
    If troll
    mail trolladdress subject Hey you attach linuxinstaller.exe
    P0st prolinux article on slashdot
    moderate atrandom() 200 comments -1

    Slashcod is easy to understand, because they use their own language.
    More news on this scandal!

  45. IEEE by Anonymous Coward · · Score: 1, Informative

    I guess the link to the IEEE IPR Office could be put to good use to let them know what you think about this move.

    For the record the IEEE presents itself as an international organization, with chapter is many countries. The problem is that its headquarters are in the US and it is very much US centered, and run by a purely US management, with a US legal counsel. For exemple IEEE-USA was the only national chapter to voice their opinion (against!) on the extension of H1-B quotas, which might be detrimental to US engineers but probably not so much for foreigners. Oh, and it also gave an award to Microsoft for "Outstanding Contributions in Technology"...

  46. Free Speech Anyone??? by EccentricAnomaly · · Score: 4, Insightful

    Since when does ITAR apply to scientific papers written by civillians?? If ITAR and DMCA apply to scientific papers isn't that a blatent violation of the first amendment??

    Sure the flying monkeys behind ITAR and DMCA have threatened to sue to censure academics... but there's no way that they would go to court and risk overturning their precious little law.

    Besides, ITAR doesn't apply to information that's in the general literature of a field. If you publish results in the public domain frequently and often you avoid the major hassle of ITAR. Otherwise you'll have to get a state department waiver to have a meeting with a foreigner to discuss basic science that they already know anyway.

    It seems is IEEE would have stood up for academic freedom they would have had a good chance of overturning ITAR and DMCA in court.

    Actually, I bet the new pollicy comes from the company that publishes for the IEEE and wants to protect DMCA from any constitutional challenge because they make piles of money appropriating copyrights for other people's work.

    --
    There are 10 types of people in this world, those who can count in binary and those who can't.
    1. Re:Free Speech Anyone??? by Kenneth · · Score: 2

      Since when does ITAR apply to scientific papers written by civillians?? If ITAR and DMCA apply to scientific papers isn't that a blatent violation of the first amendment??

      It might be, but publishing the results isn't the only thing you can be nailed for. The publication of said paper could simply be used as evidence against you that you violated the portions of the DMCA that forbid you to even do said research.

      The ban on said research may suck, and may set back science ten thousand years, but it isn't unconstitutional.

      It's a little like a gang of morons who thought they would be cute and videotape themselves trashing a new house. Nobody questioned their legal right to make the videotape (they questioned their intelligence for making a videotape of themselves causing thousands of dollars worth of damage, but that's a different issue), but the videotape provided a nearly open and shut case against them.

      You don't necessarily have to restrict people's right to publish directly, you just have to restrict their right to do the research.

      It seems is IEEE would have stood up for academic freedom they would have had a good chance of overturning ITAR and DMCA in court.

      No, they probably would have only overturned the portions of it that say you can't legally publish. You would still be stuck with the rest of the abomination, and it would be more entrenched.

      Actually, I bet the new pollicy comes from the company that publishes for the IEEE and wants to protect DMCA from any constitutional challenge because they make piles of money appropriating copyrights for other people's work.

      More likely it's just a simple case of CYA. Every large organization does this. It really isn't that big of a deal..

      --
      There is a civil war coming in the United States. Remember which side has most of the guns
    2. Re:Free Speech Anyone??? by EccentricAnomaly · · Score: 2

      You don't necessarily have to restrict people's right to publish directly, you just have to restrict their right to do the research.

      Interesting point, Freedom of Speech does not protect freedom of thought. Speech is legal, but can be evidence of illegal thought which can be punished.

      "Don't even think of breaking our encryption." is now enforcable by law.

      What we need is to ressurect a modern version of pythagorus' math cult that is built around the coding and decoding of cyphers... If God wants information to be free then decryption becomes a religious ritual that will be protected by the first amendment.

      --
      There are 10 types of people in this world, those who can count in binary and those who can't.
  47. Re:You'd all be talking German by pdiaz · · Score: 1

    that's demagogic

    --
    Make It Secret . Free JavaScript implementation of AES for your browser
  48. Cilling effect indeed ... by Ninja+Programmer · · Score: 1

    I'd call this more like a "frozen solid effect" ...

  49. IEEE, & protection from lawsuits - the lesser by chathamhouse · · Score: 4, Informative
    Ok, first, I don't work for the IEEE, but I am a member, and have had a couple of discussions with the Institute's current President w.r.t. legal issues in the past. Nevertheless, I'm not speaking for or on behalf of the IEEE here.


    The IEEE isn't exactly a rich organization. They exist to promote research, education, & the development of standards in the Electronics/Electrical/Computer/Software engineering fields. This is their main concern. They wish to distance themselves from any possible liability because one large lawsuit, whether just or not, could bankrupt the entire organization. This is why they probably aren't taking a stand against the DMCA - holding themselves blameless is the lesser evil.


    The IEEE takes the same approach with their code of Ethics. The code is a recommendation, one which many groups have worked hard to meticulously craft. Nevertheless, the IEEE cannot back up someone who is coming under legal fire for abiding by their Code of Ethics' principles. The reason is again that any large organization/corporation with deeper pockets than theirs could wipe them out, and then all the greater good that the IEEE accomplishes would be lost due to an attempt to stand their ground for one minuscule portion of what they represent.


    While the DMCA stands as a law in the USA, the IEEE will respect it. There are many other organizations and people (& hopefully you, the Slashdot reader) who can fight the DMCA with much less risk. Support the EFF, or it's variant in your country. Spend a few hours working on any government initiated review of Copyright law, if this is happening in your country. Win the big fight, and non-profits like the IEEE will lift the restrictions that they are legally obligated to enforce.

  50. Re:You'd all be talking German by Anonymous Coward · · Score: 0
    Peaceful planets are for wimps.
    Repressing aggression will not make this a more
    peaceful planet, whatever that means.

    White revolution is the _only_solution !

  51. Re:This... is my bro. by Anonymous Coward · · Score: 0

    If a picture of a fat black slut's diseased nigger cunt doesn't make you impotent there's something seriously wrong with you or you are black yourself...

  52. Re:Fuck katy by Anonymous Coward · · Score: 0

    ./configure --device=/dev/penis

    This reminds me of an idea about the "increase your penis size"
    spam; something along the lines of:

    #include "particulars.h"
    main() {
    int Penis_Size = PENIS_SIZE;

    Penis_Size++;
    if (WANTS_IT_REALLY_BIG)
    Penis_Size++;

    if (Penis_Size > 7) /* inches */
    {
    Penis_Size = 1;
    exit (DIE_MOTHERFSCKER);
    }
    }

  53. Everyone gets shot in the foot by Joel+Ironstone · · Score: 1

    I am surprised at the IEEE. It was, as I see it, a truly international organization. Sure it has closer ties industry than most professional organizations, but generally the industries it represents are hurt by DMCA pirateering. Most IEEE directors

    http://www.ieee.org/organizations/corporate/bod. ht ml

    represent hardware companies. These companies benefit from the free distribution of content as they provide the methods for that distribution and profit from them. The other powerful people (Fellows, conference chairs) in the IEEE are academics who general support the distribution of all relevant research material. Why would they do this? The IEEE is the largest professional organization in the world with ties to businesses more powerful than MGM etc on a global scale. You would of thtought that if any reputable organization had the clout and motive (they have both) to stand up to the DMCA it owuld be them. I am sincerly dissapointed.

  54. Re:You'd all be talking German by Anonymous Coward · · Score: 0

    How many guns do you think there are in the USA alone right now?

    My guess is about 1 billion. If you destroyed a thousand a day, that would mean it would take a million days to destroy them all.

    Also, the vast majority of militias around the world seem to have Kalishnikov (sp?) type weapons. I doubt these are made in the USA!

    Something to think about.

  55. The IEEE is not on our side by soybean · · Score: 0, Troll

    Well, just remember, although the IEEE is made up completely of members, the fellows and influential "volunteers" are all corporate representatives. Don't let the words non-prophet and international lead you to believe that the IEEE is anything more then a way for American companies to control the technology of the world.

  56. Could it be? Could this be my first one?! by Anonymous Coward · · Score: 0
    First penis!

    AC FP rules!

  57. Re:I JUST POURED PETRIFIED HOT GRITS DOWN MY PANTS by Anonymous Coward · · Score: 0

    i just frost pisted a petrified pancake to Natalie Portman's beowulf cluster of hot grits.

    AND i violated the DMCA whilst doing so.

    MWAH hahahahaha

  58. Re:The IEEE is not on our side b0rk b0rk by Anonymous Coward · · Score: 0

    "non-prophet"

    Do you proofread before clicking submit, did you mean Mahomet is not allowed to join the IEEE?

    That's just ... REDICULOUS!!!
    Weeee!!! I speak Slashdot English!

    w00t w00t!!!!

  59. Re:You'd all be talking German by Anonymous Coward · · Score: 0

    p00 p1r8

  60. Re:I JUST POURED PETRIFIED HOT GRITS DOWN MY PANTS by Anonymous Coward · · Score: 0

    OOG break head with open source CD!

  61. Slashdot banner ads are getting bigger by Anonymous Coward · · Score: 0

    Thats the second time in as many days that I've seen enlarged slashdot banner ads, on two seperate computers.

    They're about 3/4 the width of a screen at 1024*768 and preserve the same aspect ratio.

    Anyone else noticed these?

  62. IEEE does not play politics; IEEE-USA does! by Cerlyn · · Score: 2

    I think I've said it before, but I'll say it again: From what I know, IEEE International as a whole tries to avoid getting involved with local politics. I can understand them trying to maintain a legal distance.

    The United States branch of the IEEE, IEEE-USA, *does* get involved with local legal and politics. See their public policy section, which has a number of position statements.

    In summary: If you want to know what IEEE International thinks about the DMCA, etc., you're in for a long wait. Look to see what the IEEE-USA branch is doing instead.

  63. Open Content by Animats · · Score: 2
    Time to move to Open Content publication in engineering and computer science. The

    I've been a member of the IEEE for many years. I've published in IEEE publications. But I don't publish in them any more.

    Why? They don't add any value, and they want too many rights. For one thing, they want ownership of the content. That's not customary; the usual arrangement for magazine publication is that the publisher gets the right to first publication in serial form. The author can then reissue the material in other media, such as a book. And real magazines pay authors. A writer friend who heard about the IEEE deal described them as a "vanity press".

    IEEE journals don't pay reviewers. Yet what they'r e really doing is trading on the reputations of the reviewers. The review process needs to be separated out from the publication process, which is what the Open Content people are trying to do.

    More to the point, I get more hits on my web site than the IEEE sells copies of most of their technical proceedings. The publications aren't in Google.

  64. Alternatives ? by maZZZooo · · Score: 2, Interesting

    Although I believe the IEEE only protects _itself_ from legal issues, its time for the IEEE-members and other people to show how much they believe in DMCA. What are the Alternatives to IEEE - where can people publish tech stuff? Mind the IEEE values: 1) reputation (died today) 2) size 3) influence (shouldn't matter to publishers, but does) The voice here are consistent: cancel your IEEE membership. m

  65. What about IEEE PACs and other committees? by BitMan · · Score: 2

    No one in the world has the unique perspective to put a technical or financial focus on a political problem (e.g., VISA and green cards -- the IEEE has a very insightful view into those that most people don't know ;-). The IEEE has its own political action committees (PACs) and other lobbying efforts which many members pay for by default. So let's not get into the BS about the IEEE "not being able to do anything."

    In case people are curious, I've written further under the original Newsforge post here: "The "IEEE has quite a lobbying effort ..." and "That's not what an IEEE member does ..."

    --
    -- Bryan "TheBS" Smith
    Independent Author, Consultant and Trainer
  66. Re:You'd all be talking German by Anonymous Coward · · Score: 0

    Also, the vast majority of militias around the world seem to have Kalishnikov (sp?) type weapons. I doubt these are made in the USA!

    On the other hand - what are the Israeli's using right now to massacre innocent civilians under the pretext of the so-called war against terrorism - I'll wager those weapons ARE made in the US...

  67. Ignorance!!! The IEEE-USA promotes green cards! by BitMan · · Score: 5, Insightful

    The problem isn't immigrants in general, it's underpaying immigrants so they can replace higher salaried Americans! That's what H1B VISA's promote! The IEEE has been trying to get this fact out, but people think it's an immigration v. anti-immigration issue. Not so! It is more complex than you realize -- and American companies are here to dupe you! Trust me, immigrants, the IEEE-USA is your friend in this!

    What the IEEE-USA does is actually promote giving real green cards to immigrants who are engineers instead of H1B VISAs. They recognize the real problem and how companies abuse the H1B VISA system whereas they cannot "abuse the system" with green cards. Unlike H1B VISAs where companies can "put the screws" to immigrants who cannot change their sponsor, so they work for less, so they can replace Americans. So why does this matter?

    Green card holders can change jobs so they demand the same salaries as Americans! As such, Americans don't get fired, nor do their salaries decrease! Green card immigrants are only brought in to augment them as necessary and become Americans themselves. H1B VISAs are used to temporarily gain access to lower-costing employees and destroy America in general for corporate profits (this still happens despite the supposed "loophole changes" in H1B VISAs). The IEEE promotes an "accelerated program" to allow real engineers to get green cards faster than the normal process. Linux Torvalds is one of their "poster childs" showcasing the enormous amount of BS he had go through.

    Furthermore, they have tried to "educate" the public on a "technician" and the so-called "IT shortage" versus "engineers" who do not deal with IT!

    --
    -- Bryan "TheBS" Smith
    Independent Author, Consultant and Trainer
  68. Re:More Evidence of the Chilling Effect of the DCM by Dwonis · · Score: 1

    It's the DMCA, not the DCMA.

  69. EXACTLY! by Jagasian · · Score: 1

    This is exactly what I meant. Why have a middle-man? It only costs you... no benefits.

  70. Send E-mail to IEEE President to Protest by Anonymous Coward · · Score: 0

    I am sure that there are a lot of /dotters that are IEEE members. Send a note to the president to protest such a stupid policy.

    His Name is Ray Findlay, his email is findlayr@mcmaster.ca

  71. Well WTF is the IEEE doing by Goonie · · Score: 2

    with the outrageous fees they charge for institutional electronic access to their journals?

    --

    Any sufficiently advanced technology is indistinguishable from a rigged demo
    --Andy Finkel (J. Klass?)
  72. IEEE have been intellectual theives for years by Anonymous Coward · · Score: 0

    The IEEE have the stealing IP for years.
    Take their standard ratification process.
    When a public domain industry standard, is
    ratified by the IEEE and given an IEEE number,
    the IEEE get a monopoly on distributing the
    standards, even if they were previously
    freely available. IEEE standards are really
    overpriced; They cost hundreds or thousands
    of dollars. To pay for what? The IEEE theives
    don't develop the standard. They just rubber
    stamp it and start raking in the cash.
    So big companies can afford to see the standards,
    but lone programmers or college students can't.
    The IEEE are scum.

  73. Ja! Und du stinkst asshole!! by Anonymous Coward · · Score: 0

    Where do you think cokaine comes from? You can't grow (manufacture) it here legally. Yet tons arrive each year.

    So think (importing) where will criminals get guns from (importing) when they can't be purchased here legally (importing).

    Or steal from the Army, or cops.

  74. Resign from the IEEE. They're parasites. by Anonymous Coward · · Score: 0


    I resigned from the IEEE when a paper of mine was to be published in one of their journals. They sent me the copyright assignment form, and I decided to not publish in their journal, and put the paper on my web site instead. I haven't regretted it for a second.

    The IEEE has outlived its usefulness. The organization exists now to promote itself, not to serve the profession.

    Anomalous Cowherd

  75. Time for IIEEE by aebrain · · Score: 1

    Time to replace the US-centred IEEE with an International one.

    IEEE an international organisation? I'd always thought so. Not any more.

    Thinks: Registration of domain name IIEEE, or I2E3? Anyway, what would be the logistics of keeping the same basic organisation, just moving it off-shore?

    --
    Zoe Brain - Rocket Scientist
  76. Re:You'd all be talking German by sweet+reason · · Score: 1

    I'd much rather get shot once from a room's distance than be stabbed, clubbed, ...

    my reply was to the notion that if guns were not available, then only criminals would have guns. my point was that if guns are not available, they are not available to anyone, criminal or otherwise.

    the thing about guns is that they are easy, quick, and devastating. someone can pull out a gun and do you major damage before you can move. a powerful enough handgun can render you unconscious if it hits you at all, and your assailant can finish you off at leisure. a club or knife requires that they cross the room to get to you. this gives you a much better chance to defend yourself or escape.

    the other thing about guns is that they are mostly used by family members in heated arguments, not by criminals in planned crimes. the second-most common incident is a homeowner shot with his own gun by a thief. in those situations it is irrelevant whether criminals have guns or not.

    --
    Everything should be made as simple as possible, but not simpler. -- A.E.
  77. Uhh by xenocide2 · · Score: 1

    I'm sure you're aware that the above link is concerning child pornography right? Sure, you can argue about where the line is drawn, however, the phrase itself means the depiction of sexual acts with sexually undeveloped humans. There are plenty of studies showing the damaged caused by what amounts to sexual abuse, in addition the link between a) the desire to view said material b) having been sexually abused at a young age and c) committing such abuse as an adult.

    Now you can chose to sacrifice a small but slowly increasing number of peoples lives for the sake of free speech, and you can certainly express that this is true, but chosing to think think otherwise is in my opinion not Puritanical, but a hard decision that should not be thrown around to validate arguments that have nothing to do with it, like technical implications of copyrights.

    --
    I Browse at +4 Flamebait

    Open Source Sysadmin

  78. Isn't that cute? by Anonymous Coward · · Score: 0

    The petulant little eurotrash is having another inferiority complex rooted hissy fit.

    1. Re:Isn't that cute? by Anonymous Coward · · Score: 0

      You know, that is a very good rebuttal. I struck your sense of nationality and you attack the Europeans' sense of 'nationality'. Too bad you didn't reply sooner. We could have seen a great flamewar...

  79. Re:IEEE, & protection from lawsuits - the less by Frank+T.+Lofaro+Jr. · · Score: 2

    Win the big fight, and non-profits like the IEEE will lift the restrictions that they are legally obligated to enforce.

    That is truly frightening.

    Now private organizations have to do the work of the courts and the police in enforcing their laws. What next, having the car companies having to help catch speeders? Oh wait, that'll never happen - there are no entrenched monied interests threatened there...)

    --
    Just because it CAN be done, doesn't mean it should!
  80. Proper tense? by HiThere · · Score: 2

    You could not be more wrong about that. The IEEE Computer Society Tecnical Committee on Security and Privacy [ieee-security.org] runs some of the most significant security conferences, including the "Oakland" security conference [ieee-security.org]

    After this, perhaps the correct tense is "ran" instead of "runs". It certainly doesn't sound like anyone would expect them to support anything *controversial*.

    I have occasionally been a member of the IEEE in the past. I consider it unlikely that I will be one in the future.

    --

    I think we've pushed this "anyone can grow up to be president" thing too far.
  81. Making the DMCA's impact apparent to everyone by heilbron · · Score: 1

    Yes, just an additional comment (whose importance should not easily be underestimated):

    Especially when it comes to the European scientific community (of which I used to be a part of), the existance of the DMCA will now be made clearly apparent even to "elderly" researchers and, therefor, hopefully, to the political bodies. The consequences can be easily imagined!

    If this is the case, this step by the IEEE might even be a good one :-)

  82. Pro-IEEE response by indecision · · Score: 2
    What's the problem here? Of course the IEEE doesnt want to take responsibility for any violations of any law on the part of the author. It shouldnt have to either -- its job (in this area) is to collate journals of the best new work using peer-review to sift through it all.

    If it had to hire teams of lawyers to read over each paper and explore the legal background, then I shudder to think how much my subscriptions would cost.*

    indecision

    * Declarations: I am a member of the IEEE and ACM, and have so far published 3 papers through them. I've signed the forms. I've thought about their implications.

  83. You're right... by Mr.+Fred+Smoothie · · Score: 2
    Of course the IEEE doesnt want to take responsibility for any violations of any law on the part of the author. It shouldnt have to either
    You're right, they shouldn't have to. Because the law in question sucks, bigtime, largely due to the "chilling effect" that it is likely to have on precisely the type of academic and professional research that the IEEE exists to publish.

    But here's the rub: who besides the IEEE is in a position to fight this law, both because of their clout and their position as a "concerned party" WRT to this legislation which buys them a level of instant credibility that many other groups would have a hard time matching?

    Face it, right now the IEEE and ACM are the closest things we have to a "geek lobby" (so far; I'm holding my breath to see what kind of influence we can exert through digitalconsumer.org and AOTC/GeekPAC); ACM has done the right thing and taken an official position against the DMCA and the IEEE should follow suit. It would suck for the IEEE to get sued because of the DMCA, but such an occurence would hopefully serve to bring the issue to the fore as much as the Felten case promised to, and one would hope that its membership would step up to make sure that it wasn't financially ruined as a result. I honestly don't think that the IEEE being wiped out as one poster predicted is a realistic outcome at all.

    --

  84. Re:Ignorance!!! The IEEE-USA promotes green cards! by DrMazz · · Score: 1

    I hope your article represents the current IEEE-USA position. I cancelled my IEEE membership about three years ago in protest at their policy at the time - they were campaigning against the number of H-1B holders, rather than the root cause (lack of market power for the temporary workers, which would be addressed by temporary green cards). I asked if I could be an IEEE member living in the USA without paying dues to the IEEE-USA, but the answer was no. Many others did the same.

  85. This story now needs updating. by MrFredBloggs · · Score: 3, Informative

    Article in New Scientist, available online (but with annoying popup ad) at

    http://www.newscientist.com/news/news.jsp?id=ns9 99 92169

    The Institute of Electrical and Electronics Engineers (IEEE), which publishes 30 per cent of all computer science journals worldwide, is to stop requiring authors to comply with a controversial US digital copyright law.