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Three Years Under the DMCA
willybur writes "The Electronic Frontier Foundation just released a report (pdf) today detailing the last three years under the DMCA. It describes how the DMCA has been used to unfairly attempt to prosecute all of the various parties over the years, and gives yet another argument of why the DMCA needs to be struck down. It's worth a read." Slashdot has covered most of the incidents listed, but this is nice summary to hand someone who hasn't been following these issues.
"In the Universal v. Reimerdes case, discussed above, the court held that section 1201 bans DeCSS software. This software decrypts DVD movies, making it possible to copy them to a PC." (Italics Mine)
You've always been able to copy them. It's PLAYING them that's been the problem. If even the EFF can be confused on this point, what chance do we have to get Joe American to understand?
Nipok Nek
Why choose white shoes?
Ugh, they use PDF for it, too. This is too new for google--somebody got a HTML mirror? I'm not going to install Acrobat to read about how Adobe is abusing US laws to punish people who find holes in their lousy 'secure' formats
--
Benjamin Coates
p.s. to lawyers: this post is opinion and not fact.
Pretty much. Can you name a country with an economy like ours? I bet you can't. That's because we don't allow our government to interfere with the markets.
Except for the Lumber, Steel markets among others...
-- iCEBaLM
Which, if anything, is an indicator on where things are going.
Welcome to the world of Max Headroom!
"It is a greater offense to steal men's labor, than their clothes"
To some degree the common man is more worried about employment, terrorism, war in the Middle East. When the press (which is largely owned by companies just happy as hell with the DMCA) tells the common man it's a bad thing, then he'll care. Don't see that happening, do you?
A feeling of having made the same mistake before: Deja Foobar
Oh right. And with only two major parties for the last several decades, we've had such remarkable breakthroughs in legislative wisdom. The IRS may not take 70% of my income, but other parts of the guvmint decide what products I can and can't buy, make laws concerning software that I _thought_ I legitimately owned (but apparently I'm just licensing it), etc.
Frankly, I would welcome a few more major parties in the U.S. if it would lead to less actual laws passing, as each one seems to take away a little more of my freedom.
Kierthos
Mr. Hu is not a ninja.
Yeah, it would requiring installing additional software, but according to the EFF's HTML page for this report http://www.eff.org/IP/DMCA/20020503_dmca_consequen ces.html, GhostScript with GSView (which is free - as in beer - software) for Win, Mac or Unix can be used to view PDFs. Didn't know that, and will have to give it a spin myself.
-- daecabhir (this mind intentionally left blank)
and yes, many of these are available for win32. I'm sure they've been ported to other platforms, too...
If you're in the EU, then the EUCD creates many of the same issues. It's been passed by the European parliament, so member states are now obligied to implement it in the near future.
I read the paper, and here's my conclusion:
This is evidently aimed at law scholars. It is NOT a good piece for informing Joe Public about the DMCA -- even I could develop doubts from this (not to mention that my eyes kept glazing over) and I'm already familiar with the issues. Furthermore, due to the way the info is presented, someone new to the issues could well assume that this paper is a history of CRIMINAL ACTIVITIES by evil people out to overthrow the rights of copyright holders. IOW, it could have exactly the opposite of the desired effect.
I read it hoping to find something I could use to convince a client, who is in love with the DMCA, of how evil it really is, but this paper would, if anything, strengthen his position: He loves the DMCA because it's letting him sue his old publishers for unauthorized online use of his old old articles, so he hopes to make a lot of money by applying the various fines. Because of how it's written, the paper gives the *impression* that fighting the DMCA is all about encouraging "theft" from copyright holders. Not exactly good for convincing DMCA supporters of the error of their ways!
What's needed is a plain-English interpretation describing the legitimate activities which were crimilized under the DMCA (with the existing legal examples likewise described in plain English), in terms that make Joe Public think "Omighod, that could happen to me!!" THAT would be much more informative and convincing to the average person who doesn't follow the legal incidents and issues on a daily basis.
[BTW, it's not only PDF, it's a newish PDF format that causes errors on older versions of Acrobat; worse, it's formatted for publication in a print rag, so is difficult to read on a computer screen, even tho I have a 19" monitor. What would have been wrong with ordinary HTML for online viewers?]
~REZ~ #43301. Who'd fake being me anyway?
It is ironic that they released in a PDF format and note that Abode is using the DMCA to "hurt" people.
I thought the same thing, and then it hit me:
if the EFF really wanted to show they had some brass cajones they'd release the document in e-book format, forbid anyone from reading it and post a link to the e-book processor reading "if you'd like to invoke your fair use rights, click here".
Either that, or go on the offensive:
Sue all of the lawyers of Sony, MS, Adobe whoever for being "circumvention devices" to fair use.
I'd Pay to see that!!!
.
Have you read the moderator guidelines? Well, have you, PUNK? (and I want a Karma: Gnarly option)
Nete, the DMCA Slashdot incident, Microsoft Asks Slashdot To Remove Readers' Posts, was exactly one of the DMCA incidents in mind as a factor when I made my Slashdot article code proposal in order to get some support for publishing anti-censorware code. Too bad nothing came of it (I don't say Slashdot had to help me out, I'm just pointing out the connections). But the DMCA chilling effect on me for anticensorware work is very real, and well-ground in DMCA court cases. `
Sig: What Happened To The Censorware Project (censorware.org)
Forgive my ignorance on the matter, but does the DCMA only have jurisdiction in the United States? I ask because in the article it mentions foreign researchers being weary of visiting the US following the arrest of Dmitry Sklyarov. So if it is only applicable in the US how does it affect those of us in Australia and other countries?
aus.music.scrapbook
While the USA sits alone thinking it's doing better than ever, the rest of the world is taking the unilateralist USA and its false "free market" vision less seriously by the hour. The last decade has shown Denmark, Austria, Holland and now France growing huge support for national socialist parties as the only cause loud enough to halt the relentless privatisation and destruction of the government's duty to support its people. Even recent local elections in the UK have shown an average 20% vote for the British National Party on councils where it stood.
Once the "national" aspect of national socialism is tempered in favour of the "socialism" aspect, these parties will gain widespread acclaim and a serious chance of power.
http://sethf.com/anticensorware/legal/20020503_dmc a_consequences.html
Sig: What Happened To The Censorware Project (censorware.org)
With all these examples of how the DMCA have been used to stiffle competition, kill free speech, hinder research and bury fair use I'm wondering if the DMCA ever have been used in legitimate cases; ie. cases that actually involved piracy/copyrightinfringement?
Its not that techies don't have money or care to take it to the Supreme Court. Whenever the media companies get close to a court being able to make a decision to rule on the law, they back off. They do this so that the law doesn't get overturned, not because they don't want to go to court. This way, the law is still on the books and perhapps they scared some people into submission.
FFS, just go to Adobe's freely available conversion site and convert it to HTML if you don't like it.
And the parent was modded up to (+5, Insightful)? Perhaps (-1, Flamebait) would have been more appropriate.
If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
However, that would be a misreading or our opponents actions and motivations.
The DMCA is a deliberate, intentional, malicious, act by our government on the behalf of an industry group which seeks to improperly control the actions of the public at large and to unjustly profit at the expense of that public. The act does not need fixing it needs to be repealed - and an investigation into possible bribery of the public officials who foisted it upon us needs to be launched. This is the only way in which pernicious laws of this type can be prevented in the future.
The rule "Never attribute to malice that which may be explained by stupidity" does not apply here; the DMCA is not an act of stupidity but one of deliberate malice. Everyone in the world needs to learn the skill of being able to spot the difference between a malicious action and a stupid one
Make a program and include some simple kind of copy-protection (ie ROT13 or bit-flip).
Have another person break the protection. Sue him - take turns appealing it all the way to the Supreme Court.
We do not live in the 21st century. We live in the 20 second century.
cojones, man. cajones means drawer
Make It Secret . Free JavaScript implementation of AES for your browser
I'm sure that everyone notices the subtle irony of releasing this report using a proprietary format from a company that has abused the DMCA.
*sigh*
-Restil
Play with my webcams and lights here
Okay guys - you're complaining about "no-one" having the time or money to get this to the Supremes. Well - the best bet is going to be the EFF.
Case in point - The judge in the Sonic Blue case has just ordered the company to spy on me! The judge wants to come into my house without issuing a proper search warrant and determine my use of the Replay 4000 I own. The company has to record what shows I watch and whether I time-shift, and whether I skip commercials (of course I do ;-) This information
will be slightly santized, i.e. my name won't be attached to
the data (yet..) That is suppose to make this invasion of privacy
better.
Now - I happen to have sent a check or two the EFF's way. They're already aware of the situation. Time will tell whether this nonsense stands. At least someone is trying to fight this BS. Why don't you help them in the fight??? Give them a few bucks to support their diverse efforts!!!!
This is the ONLY way we're going to get the DMCA and the up-coming Hollings bill defeated!
Have you compiled your kernel today??
What's needed is a plain-English interpretation describing the legitimate activities which were crimilized under the DMCA (with the existing legal examples likewise described in plain English), in terms that make Joe Public think "Omighod, that could happen to me!!"
Here are a couple papers I wrote a while back (when the CBDTPA was still called SSSCA):
The Politics of Copy Protection Technology
DMCA in Plain English
You might also find this paper helpful: What's Wrong With Copy Protection by John Gilmore.
Will I retire or break 10K?
Either the techies don't have a lot of money
This is the main problem. It is also the reason why DMCA threats tend to be more successful in getting the complainants what they want than less successful; the mere thought of being sued and removed of what little money they usually have is enough to intimidate most people into compliance, regardless of the nature of the law that is being used against them.
Avoid The Rush, Hate OU Early!!!
Nice, very nice. I'm an OSU student.
I pledge allegiance to the flag...
of the Corporate States of America...
You mean like how the US government just dropped 180 billion dollars to subsidize their farmers?
Try picking a holier-than-thou cause you can honestly defend, dimwit.
Canada is cold.
Stating on Slashdot that I like cheese since 1997.
Great point, definitely deserving of a (+5 Insightful). But, are you sure that all of the DMCA's consequences are intentional? We've been under the general impression that those responsible for it's passage (RIAA, MPAA, etc) have not a whit of technical knowledge, despite all of their PH.Ds and MBAs. I've sure all of us have met supposedly well-educated individuals without even a basic grasp of any technical issues. Remember when the MPAA tried to outlaw the VCR, and then it became one of their biggest moneymakers? That wasn't that long ago, and those dumb fsckheads are still the ones in charge.
Of course, whatever the reasoning, I'm sure they're peeing their pants with joy about the full implications of the new law they bought.
[PowerPoint] is a tool for capitalist presentation
The DMCA is one of the biggest land grabs ever given to special interests by Congress. The thought that Congress was able to so twist our processes allowing them to take away free speech rights guarenteed by the Bill of Rights truly sickens me. And the proscecutors and courts have proven to be no better! They've swooped in like vultures over a carcass (the carcass is people's rights by the way), making a mockery of the Constitution and Bill of Rights. The DMCA is simply an awful law...and the 'man' knows it. Why do you think that he quickly drops cases AFTER using it to do harm? Because he knows that this law would be struck down in court if it was ever challenged....easier to bust and run after ruining another person and/or company. Personally, I think that it's well about time that Congress was able to be punished for making obvious bad laws for their cronies in business with deep pockets. Our forefathers must be truly turning over in their graves at the blockheads occupying Congress today....
Disclaimer: I am not a lawyer.
Sig: What Happened To The Censorware Project (censorware.org)
you will no longer be able to find an ad-blocking proxy server to use, they will be illegal black box circumention devices designed to alter the display of a copyrighted work.
you will not be able to legally alter the way an application you own interacts with things other than the way the manufacturer intended. Wanna change the user-agent your browser reports??? Want to block the ability of a program you own from phoning home and tracking you? Even Quake 3 does this if you don't block it.
Reverse engineering will also include using a sniffer to look at the network traffic that is leaving your machine and deciding what you do and do not want to allow to go out to the internet.
blocking cookies will be illegal.
anonymous proxies, remailers, news posters or any technology that grants the user relative or absolute anonynmity will be illegal, they allow the widespread and fast and unaccountable distribution of illegal information such as what the latest bug in a copyrighted work is that the manufacturer doesn't want you to know about (circumventing the DMCA).
freenet will be illegal.
Encryption will be for criminals.
Freedom and copyright/IP are mutually exclusive concepts as pure ideals. There is a sliding scale with freedom on one side and copyright/Intellectual Property on the other. Pragmatically we'd be foolish to think of having absolute freedom, the scale is sliding strongly towards complete copyright/IP & enforcement and there is tremendous power pushing it in that direction. Who's to stop them? A few geeks who can see what's going on. Unfortunately I think the geeks get caught up in these issues applying only to the Internet, or only to technology issues. These same issues apply to nearly everything with the world today and all tie together.
Think about it, figure it out and educate as many as you can and get as polically active as you can be.
Technology has started a new revolution just as the printing press did when invented. Centralized control of information was shattered then. Now it's being shattered again. There is going to be quite a struggle and the powerstructures are facing the biggest threats ever. They are counting on ignorance of the masses to win. I'm afraid they will and that terrible things will result.
DO SOMETHING.
Revolutions are never about freedom or justice. They're about who's going to be top dog. -- Kilgore Trout
What US are you living in that the government plays no role in the economy? Businesses are regulated all the time by the government, child labor laws, minimum wage, polution restrictions, taxes (cigarette tax anyone?), anti-trust laws, trade tarrifs, import / export restrictions all of these are govenment interventions in the economy. A truly free market has no government involvment at all, the problem with a truly free economy is that it often under produces items which the bennifit society as a whole, but no the individual business (i.e. Highways, Military defence, public education etc) all of which are important to the economy, but which would be underproduced without government interference. Therefore we really have a mixed economy, not that that is a truly bad thing, but the more control the government exerts, the more they will restrict the economy. I can't speak for other countries, but I really don't see the US being a greatly superior country in terms of an economic standpoint than most other advanced countries.
T Money
World Domination with a plastic spoon since 1984
I actualy submitted to Ask Slashdot an idea revolving arround forming an interest group (kind of like an ACLU for Slashdotters). The basic idea was if we have a group of people willing to take these things to court and they get the money from people on slashdot donating, we might actualy get something out of this. We might be able to fight the DMCA. But the story got rejected. Any ways, that's the only real way I see of getting this done. We need our own group of lobyists.
T Money
World Domination with a plastic spoon since 1984
Because the last M$ employee that posted an anti-M$ statement under his log in name on slashdot was found dead in his appartment 5 days later. The official autopsy ruled he was killed by a vicious virus contracted via his workstation the next day.
T Money
World Domination with a plastic spoon since 1984
Why does the above qualify as flamebait? As a US citizen, I have no objection to the above post. The person makes some valid points and I don't find it rude or offensive in any way.
T Money
World Domination with a plastic spoon since 1984
(apologies to Illiad)
(Sung to the tune of YMCA)
Net geeks
there's no need to feel guilt
I said, net geeks
for the software you built
I said, net geeks
cause you'r not in the wrong
there's no need to feel unhappy
Net geeks
you can burn a CD
I said, net geeks
with your fave MP3s
you can play them
in your home or your car
many ways to take them real far!
It's fun to violate the D M C A!
It's fun to violate the D M C A-AY!
you have everything
you need to enjoy
your music with your toys!
It's fun to violate the D M C A!
It's fun to violate the D M C A-ay!
you can archive your tunes!
you can share over cable!
you can annoy the record labels!
--j0shua
(And yes, I think Canada should drop NAFTA and join the EU).
Now there's an interesting idea. As the future Prime Minister of Canada, I'll accept the deal so long as you allow Tim Hortons franchises into mainland Europe. Any requests in return?
Money makes the world go round ... or lawyers on the tables pound ...
DVD Copyright Case Grinds Through Courts
Don't take it amiss that your story got rejected. As I mentioned earlier, I couldn't even get support for my Slashdot article code proposal for publishing anti-censorware code (repeat, I don't say Slashdot had to help me out, I'm just pointing out the connections to the issue). This is a very hard and risky area.Sig: What Happened To The Censorware Project (censorware.org)
I read the EFF document. To me, it seemed like an effective explanation of the evils of the DCMA. Honestly, though, the "DMCA is evil" case seems more strongly made by the "science and innovation are being stifled" angle. One may argue in circles about who owns or may use a movie, but since when are science, the progression of knowledge, etc., either private property or less important than the means in which they are used? Since when has a better firewall or less vulnerable web browser been a bad thing? Anyway, what is past is prologue. As I was reading, I came across some unfortunate news. I knew about the embed case, etc. I had hoped Blizzard hadn't wielded the Great Mace of DCMA, but it appears my hopes were in vain. So...which companies haven't done this sort of thing? Will we have to choose between the best games in a genre and opposition to the DCMA?
G. M. Manath
Go not to the Elves for counsel, for they will say both 'Yes' and 'No.'
In A.D. 2002, War was beginning.
Kernel Hacker: What happen?
User: Somebody set us up the CBDTPA
Programmer: We get signal
Kernel Hacker: What!
Programmer: Main Screen turn on
Kernel Hacker: It's You!
E.I.S.N.E.R.: How are you gentlemen?
E.I.S.N.E.R.: All your computer are belong to us.
E.I.S.N.E.R.: You are on the way to pay per compute
Kernel Hacker: What you say?!?!
E.I.S.N.E.R.: You have no chance to hack make your time
E.I.S.N.E.R.: HA HA HA HA....
Kernel Hacker: Take off every DVD
Kernel Hacker: You know what you doing
Kernel Hacker: Remove DVD
Kernel Hacker: For great justice
Fascism starts when the efficiency of the government becomes more important than the rights of the people.