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."

Comments

(Corrected with readable text - shoulda previewed)

[markwelch]

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.

IEEE, & protection from lawsuits - the lesser

[chathamhouse]

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.

This story now needs updating.

[MrFredBloggs]

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.