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Another DMCA Attack Looms

ndege writes "In this Wired article, Rep. Rick Boucher is finally ready to try and dismantle a key part of the Digital Millennium Copyright Act. Boucher, a Virginia Democrat, said last July that he wanted to amend the DMCA to permit certain 'fair uses' of digital content, such as backing up an audio CD by bypassing copy protection technology. In an interview on Thursday, Boucher said he now has sufficient support from the tech industry, librarians, and Internet activists."

234 comments

  1. Dmca by Mrdzone · · Score: 2, Interesting

    Maybe we can finnaly have someone on our side in fighting this battle, lord knows we need it since we can't very well talk about it ourselves wouldn't want to be prosecuted now would we.

    1. Re:Dmca by Lothar+0 · · Score: 2

      Friends Don't Let Friends Vote Democratic

      Not to troll, but you do realize which party Boucher is from, right?

      --
      "Anonymous Coward" is for whistleblowers, not unpopular opinions.
    2. Re:Dmca by the_2nd_coming · · Score: 2, Insightful

      I think we need to reorganise the parties.

      ---
      All those who are for fair use on this side of the room.

      all those who are corprate whores on that side.

      ok, all the corprate whore....please step into that small enclosed windowless room with sound proofing foam on the walls and shut the big steel door with automatic locking mechenism on it.

      thanks,

      ok everyone else, back to business.

      --



      I am the Alpha and the Omega-3
    3. Re:Dmca by adam613 · · Score: 3, Insightful

      Party affiliations are getting pretty twisted around with the DMCA. Sure, there's Mr. Boucher (D-VA), but there's also Mr. Hollins (D-Disney). The House still has a Republican majority. I vaguely recall Tom DeLay (R-TX) not letting an xxAA bill out of comittee recently.

      It's true that the Republicans are largely responsible for screwing up this country lately, but with this issue you need to pay attention to the person, not the party.

    4. Re:Dmca by liquid_schwartz · · Score: 2, Funny

      We would need to heold an election immediately, nobody would be left after the corporate whores went away ;-)

  2. Hurrah... by larien · · Score: 2
    As someone who just got stung buying a no-copy CD (didn't notice the small print about not playing on MAC/PC), hopefully this will smack the record companies into being sensible (hah!).

    I'd return the CD, but the problem is that I bought it 500 miles away and the receipt's not around (it was bought while heading on a camping trip and we were in a supermarket getting supplies).

    1. Re:Hurrah... by jhines0042 · · Score: 1, Redundant

      Take it to a store in the same chain that you got it from (if possible, if not, Walmart or Best Buy) and say that you got it as a gift and that it was defective, ask for a store credit.

      --
      42 - So long and thanks for all the fish.
    2. Re:Hurrah... by larien · · Score: 2

      Yup, I had thought of that and will probably try that. Just need to remember which chain it was...

    3. Re:Hurrah... by Mikoca · · Score: 1

      See what the congressman we so applaud has to say about your issue.

    4. Re:Hurrah... by larien · · Score: 2

      Yup, good letter. However, it isn't directly relevant in my case as I'm in the UK. As a result, repealing parts of the DMCA doesn't directly affect me, but since the US==the world as far as big business, anything which happens there has a knock-on effect in the UK.

    5. Re:Hurrah... by Anonymous Coward · · Score: 0

      Just need to remember which chain it was...

      Common man, if it was true, you would still have the receipe to return it and no need to "remember" where it was...

    6. Re:Hurrah... by colmore · · Score: 2

      Wonderful!!!

      I'd like to commend the people of Virginia for electing this guy.

      --
      In Capitalist America, bank robs you!
  3. As a po' European, I ask you to support this by Mikoca · · Score: 4, Informative

    A Petition to the European Parliament. After you read all about it, of course, as the site provides.

  4. Right way by petril · · Score: 0

    Hopefully it'll catch the fire, but could we be too optimistical in this case of seems-so corrupted society?

    --
    "Never give up, never surrender!"
  5. Don't Ammend the DMCA! by kenthorvath · · Score: 2, Insightful

    Ammend the constitution. Make it part of our bill of rights. And for the love of God, REPEAL the DMCA!

    1. Re:Don't Ammend the DMCA! by linatux · · Score: 1, Interesting

      You'd actually trust the same people who enact laws like DMCA to fiddle around with the Constitution ... and expect things to come out rosier?

      and people say that faith in an invisible God is wierd!

    2. Re:Don't Ammend the DMCA! by Anonymous Coward · · Score: 0

      Point well taken. By that logic, I don't expect them to pass any laws to make things rosier. I'm going to cry now...

    3. Re:Don't Ammend the DMCA! by mpe · · Score: 3, Insightful

      Ammend the constitution. Make it part of our bill of rights. And for the love of God, REPEAL the DMCA!

      Probably not a very good idea. Because
      a) It dosn't need ammending, so much as being applied as written
      b) The most likely ammendments the current corporate backed bunch would make would include the removal of "limited times" from the IP clause and removal of the first ammendment.

    4. Re:Don't Ammend the DMCA! by linatux · · Score: 0

      Sorry - in NZ we don't appear to have ever had "Fair Use" laws. Most people understand fair use though and I've never heard of an unfair prosecution here. Things are starting to get tighter (and sillier) though. I wouldn't be surprised if some equally silly las was being passed as I type.

    5. Re:Don't Ammend the DMCA! by Anonymous Coward · · Score: 0

      We don't need to amend it. The 9th Amendment already grants us this right if we so choose.

    6. Re:Don't Ammend the DMCA! by Cmdr+Taco+(luser) · · Score: 3, Insightful

      I agree. That the DMCA was made into law in the first place, is a travesty.

      The clearest wrong is the limitations it places on our 'fair use' rights. Fair use, to me, means I *did* pay for the right to use some licensed work, let's say, an album of music. For that price, I expect to be able to listen to it; after all, that's why I paid for it. I would like to be able to listen to it indefinitely. In that case it seems obvious that I should protect the CD by copying it, shelving it, and listening to the copy. With my 3 year old around, the copy will probably be destroyed in short order, but I've still got the original, safely shelved.

      What is less obviously (to the common folk) a wrong and, infinitely more sinister, is that the DMCA has made it illegal to produce a 'circumvention technology'. And as poor Dmitry has discovered, it's very real. I take serious exception to the idea that a software technology should be deemed illegal. Certainly a person can do illegal things with software, but so can they with a small rock. Without exception, it is *not the tool* that commits the crime.

      --
      All things in moderation.
    7. Re:Don't Ammend the DMCA! by mangu · · Score: 2

      I take serious exception to the idea that a software technology should be deemed illegal. Certainly a person can do illegal things with software, but so can they with a small rock.

      They can do a lot more damage with an atom bomb than with a small rock, that's why possessing an atom bomb is illegal, while possessing a small rock isn't. Following that reasoning, at least some encryption circumvention software should be illegal. For instance, you shouldn't be allowed to circumvent the encryption that protects nuclear weapons launch and targeting systems.

    8. Re:Don't Ammend the DMCA! by Cmdr+Taco+(luser) · · Score: 1

      Ahh, but I shouldn't be allowed to get anywhere near the controls for a nuclear weapons system.

      As for copy rights, a slightly different approach is needed, but similar. Isolation [from the copyrighted works] won't cut it as it would for weapons systems, so how about a deflection of sorts. Change my priorities. Make it cheap enough and much more convenient to get my music from a legitimate source than from Gnutella. Guarantee the quality, unlike Gnutella.

      --
      All things in moderation.
    9. Re:Don't Ammend the DMCA! by Scooby+Snacks · · Score: 1
      Theoretically, it wouldn't make any difference whether or not it was repealed:

      Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
      See that? It doesn't say that "the people are granted the freedom of speech", it says that their (pre-existing) freedom of speech is not to be abridged! Besides this, the ninth and tenth amendments guarantees that whatever powers and rights the government is not delegated by the rest of the Constitution belong to the people (and the states).

      Now, in practice, I'd grant that you're probably right. It's a damn shame how the interstate commerce clause has been abused and the ninth and tenth amendments ignored. It saddens me, it really does...

      --

      --
      Runnin' around, robbin' banks all whacked on the Scooby Snacks...
    10. Re:Don't Ammend the DMCA! by colmore · · Score: 2

      And if the politicians don't see it that way, the 1st and 2nd amendments give us that right if we so choose.

      --
      In Capitalist America, bank robs you!
    11. Re:Don't Ammend the DMCA! by shotfeel · · Score: 2, Funny

      Of course this is pretty much taken care of if you simply say that you can only circumvent for fair use. Most of us don't have a "fair use" for nuclear weapons, despite what some may think.

    12. Re:Don't Ammend the DMCA! by elb · · Score: 1
      Without exception, it is *not the tool* that commits the crime.

      maybe this is the marketing angle we need to take in order to drum up anti-DMCA / **AA support in places that tend to be more conservative and have fewer people in high technology -- the south and midwest. parallel "guns don't kill people, people kill people" argument: "computers don't steal music, people steal music. don't turn us into criminals!"

      obviously this is a gross oversimplification... but for people who are already inclined to believe the argument in the context of guns, this parallel could help them quickly understand the issue and get fired up enough to answer "no!" when pollsters ask if they believe encryption-breaking software should be illegal.

      any marketing people out there?
    13. Re:Don't Ammend the DMCA! by ninewands · · Score: 2

      The clearest wrong is the limitations it places on our 'fair use' rights.

      I respectfully disagree. The "clearest wrong" contained in the DMCA is that it makes the creation and distribution of a class of technology into a "strict liability" criminal offense. NB: a "strict liability" offense is one that requires no showing of wrongful intent on the part of the accused. The mere performance of the act renders one guilty of the offense.)

      Since copyright infringement is a crime against property (akin to theft), removal of the essential element of wrongful intent from the offense defined effectively makes an entire class of research and development effort and ANY publication of information on the subject into a crime. The chilling effect of this law on innovation must not be underestimated. Likewise, the impact of this law on the ability of the US (and Europe, if they follow our ill-conceived lead) to remain competitive in the worldwide technology market almost cannot be overstated.

    14. Re:Don't Ammend the DMCA! by Cmdr+Taco+(luser) · · Score: 1

      Hmmm. I think we're on the same page. Our difference appears to be a matter of semantics. In stating "clearest wrong", I was referring to the visibility or recognisability of potential harm from the perspective of the consumer whom, on average, has exhibited a high degree of naivete as well as apathy.

      I commend your description of what, it appears, we both agree is the real flaw [purpose?] of the DMCA. Well stated.

      --
      All things in moderation.
  6. How about DMCA is USA only? by kiwipeso · · Score: 2, Interesting

    Personally I'd rather not get prosecuted for doing stuff that is legal in my country, just because american senators are paid millions by disney.
    Actually, to hell with the laws my country wants to copy from the USA too... I've decided to smuggle 300 kb crypto I've got to some free-speech advocates I know in america.

    --
    - Kaos games and encryption systems developer
    1. Re:How about DMCA is USA only? by Sheetrock · · Score: 1
      Unfortunately, the logical next step is to make encryption illegal...

      Really, once decyphering 'protection' measures is illegal, what use does business have for encryption, anyway?

      --

      Try not. Do or do not, there is no try.
      -- Dr. Spock, stardate 2822-3.




  7. Finally... by GnomeKing · · Score: 2, Interesting

    I'm glad that someone such as boucher is taking this up seriously now

    However, I still feel that the only way to get the DMCA changed is to get joe public behind the changes... highlight to the non-slashdot reading public why and how their "right" of fair use of something they have bought is being taken away... Do that and the DMCA will have to be changed
    (of course... its not as easy as that - but nothing is)

    1. Re:Finally... by SplendidIsolatn · · Score: 1
      >>highlight to the non-slashdot reading public why and how their "right" of fair use of something they have bought is being taken away...

      Good luck. People sometimes forget that the 99% of the population who doesn't read /. doesn't quite care so much about fair use and their rights. As long as XYZ CD plays in their car or stereo, they don't care if it doesn't play in their computer. IF they try to play it in their computer and it doesn't work, download the songs from a napster-ish P2P. That's technology for them. Songs and porn. It'd take a miracle to get Joe Public to care about the ramifications of the DMCA. "Fair Use" isn't going to make a miracle.

      Before you blast this, remember that YOU understand the technology and what's going on. Try to look at it from someone who doesn't know/doesn't really care. The DMCA isn't really 'out' there in the public mind and people who've heard of it probably have misconceptions about it.

      --
      sig--we don't need no goddamn sig
    2. Re:Finally... by j_kenpo · · Score: 1

      Unfortunatly, getting Joe Public involved doesnt really do much. Just take a look back to the sixties. How many "Joe Publics" did it take before the Govt. did ANYTHING such as civils rights bills, leave 'Namm, or anything else that took protests of millions to get results. The problem with DMCA is its support from Big Money, if you could get even bigger lobbyists to back its repeal or amendment, then youd have more money backing it too.... Strange game that politics is...

  8. How about repealing it? by TechnoLust · · Score: 5, Insightful
    Copyrighted music was already protected under copyright law. Fair use was already protected under other laws. Why do we keep writing and amending and rewriting laws that do the SAME THING as previous laws?

    The only thing the DMCA did was make it hard on cryptographers, security analysts, and researchers to do their jobs and report their results. You want unbreakable crypto? (Well, that will likely never happen, but do you want it to be so hard that it isn't worth the effort?) Then honest people have to try to break it and report on it's strengths and weaknesses. If you pass a million laws saying you can't circumvent encryption, someone in another country where our laws don't apply can still do it. People in America who aren't going to obey the laws anyway can still do it. And people who wouldn't steal the music, but just want to break it for the challenge will still do it.

    It is illegal to steal cars, but "slim-jims" are legal, why? Because they can help you get your car open if you lock your keys in. Shouldn't it be legal for me to make a backup copy of my CD in case I drop the original in the lake while on my boat? With the DMCA as it stands, if that disk is copy protected, it is ILLEGAL for me to do that.

    --
    "Da ist ein Technölüst in mein Unterpanten!"
    1. Re:How about repealing it? by mpe · · Score: 3, Interesting

      Copyrighted music was already protected under copyright law. Fair use was already protected under other laws. Why do we keep writing and amending and rewriting laws that do the SAME THING as previous laws?

      Maybe there are other areas of legislation which need looking into. But everyone is too busy messing around with "supercriminalization" type destractions.

      The only thing the DMCA did was make it hard on cryptographers, security analysts, and researchers to do their jobs and report their results. You want unbreakable crypto? (Well, that will likely never happen, but do you want it to be so hard that it isn't worth the effort?) Then honest people have to try to break it and report on it's strengths and weaknesses. If you pass a million laws saying you can't circumvent encryption, someone in another country where our laws don't apply can still do it. People in America who aren't going to obey the laws anyway can still do it. And people who wouldn't steal the music, but just want to break it for the challenge will still do it.

      Or possibly for the less abstract purpose of seeing if uss of the encryption system (a lot of potentially strong encryption is let down by a poor implimentation) is actually worth bothering with in the first place.

      It is illegal to steal cars, but "slim-jims" are legal, why? Because they can help you get your car open if you lock your keys in.

      There are places where so called "burglar tools" are illegal. Even though it is perfectly legal to break into your own house and these often apply to lockpicking tools, which are of little practical use to most burglars anyway.

    2. Re:How about repealing it? by the_2nd_coming · · Score: 2, Insightful

      repealing the DMCA at this point is to difficult.

      basicly what Boucher wants to do is make it a law with no teeth.

      "cant do the stuff with circumventions crap, but CDs and E-Books [mabye DVDs :-)] can not have copy protection crap so that people can excercise their fair use rights"

      somthing along those lines would make the law pointless since it basicly would say

      "bad to circumvent, however, digital media can not have copy protections"

      so if there is nothing ti circumvent, you can not break the law :-)

      --



      I am the Alpha and the Omega-3
    3. Re:How about repealing it? by Anonymous Coward · · Score: 0

      "to lockpicking tools, which are of little practical use to most burglars anyway."

      yeah realy, a burgler wants to get in, he breaks a window or kicks in a door.

      one thing I would like to add though.
      those laws are Local laws, and Municipalities can get away with a lot more crap that state and Federal governmnets becasue the idea is that the peope that live in the town can decide how they want to live better than at a higher level, and if a person does not like the law, a city is a small enough area that the person can move out.
      though there are boundries to these type of laws.

    4. Re:How about repealing it? by gclef · · Score: 2

      Wrong. Fair use is not protected in any laws. It originated as a judicial precedent in rulings on copyright. That precedent was used to justify the Audio Home Recording Act (which legalized mix tapes, basically), but there is still no one law that protects (or even defines) fair use.

      That one fact alone justifies this bill. Getting a concept of fair use into law would be a *very* good thing.

    5. Re:How about repealing it? by j_kenpo · · Score: 1

      Once again, Ill have to say, the reason is big money. Slim Jims are legal because car manufacturers don't stuff our law makers pockets with fat cash. This is same old story just like Rockefeller, Carnagie, Morgan and the other Robber Barons lining law makers pockets to take away the civil rights of the lower class Americans. If you look back, they only exploited children by forcing them to labor in harsh conditions and all that. Same difference, only now people arent losing their fingers or their lives to copy CD's, just their right to protect their property with what was legal with Tapes... Its only our civil rights, I mean, whos going to speak up for them?

    6. Re:How about repealing it? by naasking · · Score: 2, Insightful

      Why do we keep writing and amending and rewriting laws that do the SAME THING as previous laws?

      Job security. Also, try replacing 'laws' with 'software'.

    7. Re:How about repealing it? by Rogerborg · · Score: 2
      • Shouldn't it be legal for me to make a backup copy of my CD in case I drop the original in the lake while on my boat? With the DMCA as it stands, if that disk is copy protected, it is ILLEGAL for me to do that.

      Strangely enough, it isn't. It's illegal for you to create or traffic in (i.e. make available to others) the tools to do it, but it's not illegal for you to obtain them or even to use them. That's one of the things that's so screwy about the DMCA, it targets the supply and not the use (like that's been working so well in cutting down on the amount of untaxed^H^H^H^H^H^H^H illegal drugs coming in to the country).

      --
      If you were blocking sigs, you wouldn't have to read this.
    8. Re:How about repealing it? by bluGill · · Score: 2

      In all cases that I know of "burglar tools" are legal to have, but you always need to be prepared to explain why you need them if they suspet you might commit a crime.

      In other words if you own lock picks you should keep them at home and hidden except when you are dealing with a situation where you play to pick a lock (presumabily legally).

    9. Re:How about repealing it? by jandrese · · Score: 2

      I know in my area it is illegal to own a set of lockpicks unless you are a licensed locksmith. I don't know about slim jims though.

      --

      I read the internet for the articles.
    10. Re:How about repealing it? by sacrilicious · · Score: 2, Insightful
      Copyrighted music was already protected under copyright law. Fair use was already protected under other laws. Why do we keep writing and amending and rewriting laws that do the SAME THING as previous laws?

      The hopscotch played by the DMCA is that it doesn't attempt to directly legislate away the core concept of fair use, BUT it prevents the technological means to enact fair use. It's like deciding to do an end run around the NRA by making a law that bullets are illegal; guns are fine, you just can't use them. The loophole that the DMCA takes advantage of is that while fair use has been deemed legal, no given vendor is required to supply the means of exercising this legal activity. The DMCA perverts this even a bit further by making it illegal to try to get around direct attempts by vendors to prevent fair use. I don't think legislation by Boucher should necessarily have to re-state the legality of fair use; more the the point, it should probably state a requirement that fair use be provided for by vendors.

      .

      --
      - First they ignore you, then they laugh at you, then ???, then profit.
    11. Re:How about repealing it? by bannerman · · Score: 1

      I completely agree. We don't need a blanket law to make everything illegal, and then little amendments to make the kosher things legal. We need enforcement of the perfectly good system that has been around for decades.

      --
      I keep forgetting my place. Jesus is for losers. Why do I still play to the crowd?
    12. Re:How about repealing it? by Planesdragon · · Score: 2

      Copyrighted music was already protected under copyright law. Fair use was already protected under other laws. Why do we keep writing and amending and rewriting laws that do the SAME THING as previous laws?

      Copyright law protects copyrighted stuff--and it also allows for Fair Use, which is a time when you can infringe on someone's copyright and actually have a defense in court.

      The DMCA deals with *security devices*, which is something else entirely. It's like the part of the law that makes picking your neighbor's lock *and not opening the door* illegal.

      It just so happens that the DMCA does this by making *all* lock-picking illegal, even if you want it so there's no key to your door.

    13. Re:How about repealing it? by BEHiker57W · · Score: 1

      I understand that CDs float and thus you have no
      justification for fearing losing one off the side
      of your boat.

      -Brian

    14. Re:How about repealing it? by colmore · · Score: 2

      Car manufacturers give congressmen tons of money. It goes to hushing up plans of higher fuel efficiency and crash safety standards.

      There's no technological reason why every new car and truck in america isn't getting 50 MPG, which would help our foreign oil reliance far more than drilling in Alaska.

      --
      In Capitalist America, bank robs you!
    15. Re:How about repealing it? by colmore · · Score: 2

      Hmmmm... just had a thought:

      CD and DVD encryption is a circumvention device for getting around our fair use rights. such devices should be made illegal.

      companies should not be required to manufacture devices that provide the ability to fair use, that's an open market that will fill on its own, and such requirements would be more nationalization than i think we want.

      rather companies should be prevented from disallowing other companies to create fair-use devices.

      wasn't Philips doing something about this too? how's that coming?

      --
      In Capitalist America, bank robs you!
    16. Re:How about repealing it? by Mr_Matt · · Score: 3, Informative

      Kind of, but not really. Check out this link to see why.

      Title 17, Chapter 1, Section 107 of the US Code first defines what fair use is, and then states that for these cases (which fall under the definition of fair use) that use of the copyrighted work doesn't infringe on the copyright. You're technically right about fair use not being protected by law per se, but your post implies that it's only a judicial precedent. It's not - it's a clearly defined escape clause in copyright usage.

      Of course, IANAL, YMMV, ROLLIN HAND, but it's worth noting that there already exists a "concept of fair use" in the law. Legislation like the DMCA usually comes about when people don't know and/or understand the laws they already have.

      --


      But what does my opinion matter, I just vote here. It's not like I have any money or anything.
    17. Re:How about repealing it? by Alsee · · Score: 2

      legal to have, but... keep them at home and hidden

      Chuckle...
      And it's ok to be gay in the military as long as you keep that hidden.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    18. Re:How about repealing it? by bigdavex · · Score: 2

      Wrong. Fair use is not protected in any laws. It originated as a judicial precedent in rulings on copyright. That precedent was used to justify the Audio Home Recording Act (which legalized mix tapes, basically), but there is still no one law that protects (or even defines) fair use.

      And yet, Congress seems to treat it as such. The text of the DMCA itself specically refers to fair use rights in chapter 12:


      `(c) OTHER RIGHTS, ETC., NOT AFFECTED- (1) Nothing in this section shall affect rights, remedies, limitations, or defenses to copyright infringement, including fair use, under this title.

      (See full text of DMCA here.)
      2600 argued from this point in their defense, as I recall.
      --
      -Dave
    19. Re:How about repealing it? by civilizedINTENSITY · · Score: 2

      "so if there is nothing to circumvent, you can not break the law"
      Except that what this would *really* do is allow us to make backups, and watch DVDs on Linux, while still sending people making a living out of counterfiting CDs and DVDs to jail. This would let us enjoy our "fair use" rights, while truely criminal action would remain actionable.

    20. Re:How about repealing it? by Breakfast+Pants · · Score: 1

      The DMCA has NOTHING to do with people selling counterfitted CDs or DVDs. To copy a DVD YOU DON'T HAVE TO BREAK THE ENCRYPTION, you just copy it bit for bit. This is what traditional copyright laws are for, the main purpose of the DMCA is covertly removing fair use rights under the guise of protecting copyrights.

      --

      --

      WHO ATE MY BREAKFAST PANTS?
    21. Re:How about repealing it? by gorilla · · Score: 2

      Isn't that the opposite to the drug laws? They make the obtaining & use of the drugs illegal, while not making any difference to the legality of production.

    22. Re:How about repealing it? by ninewands · · Score: 2

      Actually, what Rep. Boucher wants to do is restore the requirement of unlawful intent as an essential element of the offense of circumvention.

      All such a requirement would do is raise the bar slightly for prosecutions under the DMCA.

      Providing a "circumvention device" for the purpose of enabling infringement would still be a criminal offense. Providing one for the purpose of enabling the exercise of fair use privileges would not. USING such a device or program to infringe copyright always has been and will continue to be an offense.

      His bill basically enshrines and extends the Betamax case and the AHRA within the body of legislation as being applicable to all media. This "middle road" approach is not an unreasonable solution to the current situation.

  9. Joy and exultation! by Chardish · · Score: 2, Interesting

    Finally, there's someone who thinks we should be able to do what we want to do with the music and movies that we buy!

    I always assumed that those "CDs" we buy were kind of on indefinite loan from the media companies, so there would be no way that we would be able to decide how to use them! What a glorious future lies ahead of us!

    Seriously: I would love to see someone write a '2084' that would show what the world would be like if all this copyright and consumer rights stuff got out of hand, and fell into the hands of the corporations...

    -Evan

    1. Re:Joy and exultation! by micq · · Score: 1

      Finally, there's someone who thinks we should be able to do what we want to do with the music and movies that we buy!

      Actually, there are lots of people (/.) that think we should be able to do what we want with the music and movies we buy. Finally, there's someone who is going to do something about it...

    2. Re:Joy and exultation! by acceleriter · · Score: 2
      Seriously: I would love to see someone write a '2084' that would show what the world would be like if all this copyright and consumer rights stuff got out of hand, and fell into the hands of the corporations...

      Richard Stallman's already made a pretty good start at one, at least with respect to electronic books. I would like to think he's had a significant role (along with Adobe shooting themselves in the foot) in preventing that evil fair-use disabled crap from catching on.

      --

      CEE5210S The signal SIGHUP was received.

    3. Re:Joy and exultation! by Mikoca · · Score: 1

      Actually, I once read a sci-fi story in the spirit. I can't possibly remember who it was by. But it basically consisted of a conversation between the protagonist and the Emperor (or whatever the equivalent was) about the possible introduction of eternal copyright. I am afraid it ended kind of tragic.

    4. Re:Joy and exultation! by BlastQuake · · Score: 1

      I remember reading a book- Vorage to the Red Planet by Terry Bisson if I remember correctly. Basically the corporations have bought out America, ie Disney and Gerber own the national parks and the corporations run the country. The book was amusing, however the scary thing is I can believe one day the U.S. will be run by the Corporate Whores... BTW Terry Bisson's book seems to be out of print

      --
      "What use is power to the Keeps of Balance?" -Disnt of Nightmare LpMud
    5. Re:Joy and exultation! by wikkid007 · · Score: 1
      The book was amusing, however the scary thing is I can believe one day the U.S. will be run by the Corporate Whores...

      Sorry to have to tell you this, but the U.S. is already run by Corporate Whores... would there even be a DMCA if it wasn't?

  10. What kind of research? by Lothar+0 · · Score: 3, Funny

    Boucher believes that people should be allowed to circumvent technological protection for research...

    What sort of research? That which shows the actual encryption schemes to be worthless (ala Edward Felton), or the type of research that requires circumvention so that work can be done?

    In my case, my research as an academic partly relies on downloading anime from the Net since my topic concerns how anime fan subculture interprets it. This requires some circumventing of "anti-piracy" devices somewhere down the pike. I'm not intending to be thrifty through illegal activities. Rather, there is just no way I as a broke grad student can afford to even rent, let alone buy the anime without going into the hole to do a good research project. Hopefully, Boucher's amendment will cover cases such as mine as well as those the 1992 Fair Use Act intended to cover.

    --
    "Anonymous Coward" is for whistleblowers, not unpopular opinions.
    1. Re:What kind of research? by Anonymous Coward · · Score: 1, Funny

      In my case, my research as an academic partly relies on downloading anime from the Net
      Yeah, and my research involves downloading as much Seinfeld and Buffy as I can find. Maybe I should go study at your university.

    2. Re:What kind of research? by Smallest · · Score: 1

      And if you were researching French wines of the 1970's, would you feel justified stealing bottles to taste, because as a broke grad student, there's no way you could afford to buy them?

      -c

      --
      I have discovered a truly remarkable proof which this margin is too small to contain.
    3. Re:What kind of research? by cockroach2 · · Score: 0

      hehe, funny (sorry, can't moderate)

    4. Re:What kind of research? by Digital+Prophet · · Score: 2, Insightful

      If by "stealing" you mean "making an exact copy of and leaving the original with the owner", which of course you can't because that is not the accepted definition.

    5. Re:What kind of research? by Digital+Prophet · · Score: 1

      I hope you realize that most anime, due to Japan's much better laws, is completely free to copy and pass around.

    6. Re:What kind of research? by Lothar+0 · · Score: 2

      I hope you realize that most anime, due to Japan's much better laws, is completely free to copy and pass around.

      A good point, but one that is becoming increasingly less applicable. U.S. distributors are buying the rights to anime at a far faster rate than they were even a couple of years ago. Much of the anime that is exceedingly popular - and thus gets more exposure to the anime fandom that I'm studying - is protected under U.S. copyright laws, including the DMCA, because they've been bought up by U.S. companies who want to cash in on their popularity.

      What makes the situation even more perverse is that many companies buy the rights to an anime and then sit on them without releasing it. This makes fansubs illegal in this country, and leaves fans with no legal way of getting an anime until years later when they've moved on to another show. Theoretically they could buy the anime straight from Japan, but chances are extremely high that it won't be subtitled or dubbed.

      --
      "Anonymous Coward" is for whistleblowers, not unpopular opinions.
    7. Re:What kind of research? by regen · · Score: 2
      there is just no way I as a broke grad student can afford to even rent, let alone buy the anime without going into the hole to do a good research project.

      Bullshit!!

      If this is really legitimate research go apply for a grant and use the money from that to buy (or rent) anime. Part of grad school is learning how to get funding to support your research. When I was in grad school if I needed some software for a research project, I would include it in a grant proposal and get funding to purchase it, I wouldn't go pirating the software. I'm sure other media and material (e.g anime DVDs) in other disciplines is handled the same way.

    8. Re:What kind of research? by Lothar+0 · · Score: 2

      My university is currently undergoing severe budget cuts right now. Tenured professors are having enough trouble as it is getting research dollars. Assistantships are being cut. My own department doesn't even know if it can admit any more graduate students this year. I have virtually no chance of getting grant funding to do this given the current conditions, so I stand by my statement that you have quoted.

      But aside from that, unauthorized copying of copyrighted work is supposed to be allowed for research and educational purposes. That is part of the fair use doctrine, but the DMCA prevents that by default.

      --
      "Anonymous Coward" is for whistleblowers, not unpopular opinions.
    9. Re:What kind of research? by regen · · Score: 0, Flamebait

      unauthorized copy of copyrighted work is not allowed for research or educational purpose.

      Use of portion of a copyrighted work (e.g copying a scene from a movie) is allowed as fair use for research and educational purposes. Copying an entire work is not permitted.

      I have virtually no chance of getting grant funding to do this given the current conditions, so I stand by my statement that you have quoted.

      BZZZT!! Sorry you lose. This is no excuse. If you can't get funding to do your research, either you keep looking for more funding or you don't do the research.

      If I as a CS researcher couldn't get funding to purchase computers I need to do my research does that give me the right to break into other people computers and use them to run my research programs? Gee, I'm sorry, I couldn't afford to get my own supercomputer so I just borrowed yours.

    10. Re:What kind of research? by colmore · · Score: 2

      THere's a (moral) difference between stealing and preventing a sale. If I steal an expensive bottle of French wine from a store, I'm taking something of value away from the owner. He or she has already bought the bottle of wine from the vinyard, and so it's like I am taking their money away.

      P2P is more like I'm walking toward the store, thinking about buying some wine and lo and behold! someone has set up a booth right in front of the store, giving away free wine! As the guy on the street, I think hooray! free wine! But the guy running the booth is doing more damage to the owner of the store than I would be by stealing, but, me taking the free bottle is doing approximately half the damage (prevents a sale without actually taking away stock)

      --
      In Capitalist America, bank robs you!
    11. Re:What kind of research? by parliboy · · Score: 2

      Anime subcluture includes fansubs, interpretation and subtitling of Japanese-only releases. These are products that aren't yet on DVD or VHS, and aren't in Region 1 yet in any form. To that end, if he needed to grab a couple of episodes of Full Metal Panic (damn, that kicks ass) and see what the fuss was about, more power to him. This is a product that is relevant to his research, and literally is unable to be obtained otherwise. (And don't go making illusions to research with illegal drugs -- apples and oranges)

      --
      "You're never ready, just less unprepared."
    12. Re:What kind of research? by Lothar+0 · · Score: 2

      If copyrighted material were tangible property like computers, I might be convinced. Sorry, but you lose.

      --
      "Anonymous Coward" is for whistleblowers, not unpopular opinions.
  11. Dimitry was arrested last week? by Darth+Paul · · Score: 1

    "Boucher is hoping to rewrite a federal law that led FBI agents to arrest Dmitry Sklyarov in Las Vegas, Nevada, last week on copyright felony charges..."

    That raised an eyebrow, until I looked at the date on the article.

    July 25, 2001

    'nuff said.

    1. Re:Dimitry was arrested last week? by Skapare · · Score: 2

      Right before the link it says "... said last July that he wanted to amend". That should have put it in context right there. Of course that only works for people who can read text.

      --
      now we need to go OSS in diesel cars
  12. Responds to E-mail Too! by JLester · · Score: 5, Interesting

    As a constituent of Boucher's, I sent an e-mail to him after his CNet interview a couple of months ago thanking him for his support of fair use for digital media. He sent a very nice response detailing how fair use rights for digital media is one of his highest priorities. His fair-use rights included custom compilation CDs and circumventing technological protection measures in order to archive or excerpt material. The last part really covers almost anything we've been worried about.

    He also stated that the potential to penalize and prosecute individuals who excercise such rights is an affront to First Amendment protections, a harm to consumers, and inhibits the creation and public use of intellectual property!

    To say I'm glad to be represented by him is an understatement.

    Jason

    --
    "FORMAT C:" - Kills bugs dead!
    1. Re:Responds to E-mail Too! by MAXOMENOS · · Score: 2

      I'm not a constituent of his, but he's earned my campaign contribution.

  13. My bad ... by Darth+Paul · · Score: 1
    Whoops, looking at the "other" link!

    Again, 'nuff said :(

  14. Hey Rep. Boucher by Spackler · · Score: 5, Funny

    The best thing you could do for the DMCA, and copyright law in general, is to go down the hall and beat the crap out of Senator Fritz Hollings!

    1. Re:Hey Rep. Boucher by the_2nd_coming · · Score: 1

      that is a celeberty Death match I would love to see :-)

      --



      I am the Alpha and the Omega-3
    2. Re:Hey Rep. Boucher by Rogerborg · · Score: 4, Funny
      • The best thing you could do for the DMCA, and copyright law in general, is to go down the hall and beat the crap out of Senator Fritz Hollings!

      That's a pretty atavistic attitude. Civilised people (even you colonial fellows) have evolved much more genteel methods to settle disputes: we debate them. It's simple and elegant: you pay someone to tell you what to say, you pay someone to tell the press what you said and how they should report it, and if all else fails, you pay someone to change the law to make you right. Er, wait, or perhaps that's the problem. Maybe you're onto something after all. ;)

      --
      If you were blocking sigs, you wouldn't have to read this.
    3. Re:Hey Rep. Boucher by Loki_1929 · · Score: 3, Funny

      That might take some doing.

      Before getting to Hollings, he'd have to get through Hilary Rosen, Jack Valenti, and Mickey Mouse; each of whom guards Hollings' office 24/7.

      I've got $50 on Mickey.

      --
      -- "Government is the great fiction through which everybody endeavors to live at the expense of everybody else."
    4. Re:Hey Rep. Boucher by mattbelcher · · Score: 1
      Actually, sometimes Senators can only resolve their issues through violence. This even has a precedent in US history:

      "Two days after the speech, Brooks walked into the Senate chamber, and began beating Sumner with a heavy cane. His legs trapped beneath the desk bolted to the floor, Sumner wrenched it loose as he stood up to try to defend himself, where-upon Brooks clubbed him so ferociously that Sumner slumped forward, bloody and unconscious....The caning of Sumner was the worst of several instances of North-South violence or threatened violence on the floor of Congress in the l850s, pre-saging the violence on the battlefields of the 1860s." LIBERTY EQUALITY POWER, page 495.

      --

      Shockwave Flash movies are the greatest thing to happen to non-sequitur humor since Japan.

    5. Re:Hey Rep. Boucher by Frank+T.+Lofaro+Jr. · · Score: 1

      No, over here in the USA we don't fight or debate.

      We sue!

      --
      Just because it CAN be done, doesn't mean it should!
    6. Re:Hey Rep. Boucher by Anonymous Coward · · Score: 0
  15. A letter from Congressman Boucher by jhines0042 · · Score: 5, Interesting

    What follows is the thank you letter that I received from Congressman Boucher for writing him about this subject.


    Congress of the United States

    House of Representatives

    Rick Boucher

    9th District, Virginia

    NINTHNET@mail.house.gov

    HTTP://www.house.gov/boucher/

    May 3, 2002

    Thank you for your kind expression of support for my efforts to prevent the erosion of fundamental fair use rights in the digital era.

    Please be assured that reaffirming the rights of consumers to exercise legitimate fair use rights is among my highest priorities. From such routine practices as making custom compilation CDs of lawfully-acquired songs for personal use to more advanced actions such as circumventing technological protection measures in order to archive or excerpt material for research and educational purposes, the American public traditionally has enjoyed the ability to make convenience and incidental copies of copyrighted works without obtaining the prior consent of the copyright owner. The potential to penalize or prosecute individuals who exercise such rights, or who create or publish software and devices which facilitate the exercise of individual fair use rights, affronts First Amendment protections, harms consumers, and ultimately inhibits the creation and public use of intellectual property.

    As Co-Chairman of the Congressional Internet Caucus, my work in Congress focuses on the intersection of the Internet and other technologies with our nation's intellectual property laws. I intend to introduce various legislative measures which will protect fair use rights, and your expression of support for these efforts with your Congressional representatives will be most welcome.

    I appreciate your taking the time to share your views with me. With kind regards and best wishes, I remain

    Sincerely,

    Rick Boucher
    Member of Congress

    --
    42 - So long and thanks for all the fish.
    1. Re:A letter from Congressman Boucher by timbck2 · · Score: 1

      Wow. He really gets it! I'm proud to say I'm one of his constituents, and I've voted for him several times.

      --
      Absurdity: A statement or belief manifestly inconsistent with one's own opinion. -- Ambrose Bierce
    2. Re:A letter from Congressman Boucher by ethereal · · Score: 1

      I thought he was from Virginia, and not from Chicago? Did you vote for him early too? :)

      --

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

    3. Re:A letter from Congressman Boucher by timbck2 · · Score: 1

      Heh, fun-ny!

      --
      Absurdity: A statement or belief manifestly inconsistent with one's own opinion. -- Ambrose Bierce
    4. Re:A letter from Congressman Boucher by Anonymous Coward · · Score: 0

      Congratulations, fuckface: you officially have the lamest .sig on Slashdot.

    5. Re:A letter from Congressman Boucher by bhsx · · Score: 1

      What was really funny to me was this... for a second, I thought Rick Boucher had closed his letter with a tribute to Douglas Adams in his .sig
      :)

      --
      put the what in the where?
    6. Re:A letter from Congressman Boucher by Anonymous Coward · · Score: 0

      Ah, you see, Rick's a good guy. :-) He's my representative and is actually a "hometown boy" (i.e. he was born in my hometown, Abingdon). Granted, he's not perfect, but having talked to him, I really like him. He honestly works hard to understand all sides and reach conclusions everyone can live with, and if necessary, fight to get rid of that which really isn't fair. He's worked hard to represent us and introduce the latest and greatesst in technology to the area. The Republicans hate him and actually tried to get district lines redrawn so that Ollie North could run against him. Sad, eh?

      To everyone who's screaming about how he should fight to get rid of the DMCA, I say leave him alone. Right now, I'd bet he knows he can't get a repeal through. Instead, he's working to cut out bits and pieces, and when the time's right, I wouldn't be surprised to see him attempt to severely gut or repeal the DMCA. Picking and choosing your fights and all that.

      Sorry if this sounds like a sales pitch. Anyone who knows me knows how much I hate politicans. Rick's one of the few I actually like and vote for regularly.

  16. MTV Celebrity DeathMatch by Innominate+Recreant · · Score: 1

    Wouldn't you love to see an episode of MTV's Celebrity Death Match between Rep. Boucher and Rep. Schiff?

  17. The problem with the DMCA by Qwerpafw · · Score: 5, Insightful

    The inherent issue here is not actually copyright law, but the failure of the political system.

    Here we have an issue that is disliked by everyone that knows about it, and fundamentally runs against several precepts of the constitution (and the original idea behind copyright law).

    Yet it is law. Why? Because it allows media companies to increase their profits. Yet even that is debatable. A better description of the DMCA is that it allows media companies to think that they are increasing their profits.

    And because of the money involved, these companies have a bunch of cash to blow on lobbyists. Media companies are very very large, and, as a result, have an enormous financial intrest in Washington.

    So only the little guys are left. Librarians, Internet activists, and some tech companies (some. Microsoft seems to back the DMCA. Most try to be DRM neutral.). The problem is that the little guys don't have enough cash to buy the best politicians. Yes, buy politicians. So we have to find semi-honest politicians who agree with the cause. Which is near-hopeless.

    Of course, the ban on soft money should help, but the underlying problem is the same. Washington is dominated by corporate interests. The only real fix is to make digital rights management and the abhorration that is the DMCA a public issue. Only then will people look at a politicians record vis a vis copy protection come november. And only then will justice finally be done.

    1. Re:The problem with the DMCA by mcwop · · Score: 2

      MSFT definately backs the DMCA. Laws such as this mean that their proprietary media formats are more attractive to the entertainment industry. Too bad we may all have to buy Windows to listen to music.

      --

      "I don't think it's selfish, to eat defenseless shellfish." -NOFX

    2. Re:The problem with the DMCA by Anonymous Coward · · Score: 0

      Well... we'd have to "acquire" Windows anyway :) I haven't actually paid for a MS product since DOS 3.

    3. Re:The problem with the DMCA by Alsee · · Score: 2

      So we have to find semi-honest politicians... Which is near-hopeless.

      Well duh!
      LOL

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    4. Re:The problem with the DMCA by Illserve · · Score: 2

      It is absolutely not true that everyone who knows about the DMCA dislikes it. It completely depends on who's telling them about it. As a picketer on the streets I was able to convince 95% of the people I talked to that the DMCA is a bad thing. But I'm sure if I was pro-MPAA, I could have done exactly the opposite.

      This is a complex enough issue that the great majority of people don't know enough to form a confident opinion and therefore can be easily swayed by whomever is telling the story (unlike a more clear cut issue, such as abortion).

      This is the same problem with most of these technical issues, the average man in the street doesn't understand enough to be a good judge, or juror. This apparently applies to many politicians as well.

    5. Re:The problem with the DMCA by qwerty123 · · Score: 1

      So only the little guys are left
      yup, and thats the problem

    6. Re:The problem with the DMCA by Frank+T.+Lofaro+Jr. · · Score: 2

      Media companies are very very large, and, as a result, have an enormous financial intrest in Washington.

      They aren't nearly as large as the hardware manufacturers and the telecom and ISP industries (which stand to lose BIG TIME if the Internet and PCs are neutered). The ITAA is on our side on this issue - and they represent FAR more money than the RIAA and MPAA combined.

      --
      Just because it CAN be done, doesn't mean it should!
  18. WOOO by the_2nd_coming · · Score: 0

    Go Boucher, Go Boucher, Go!!!

    Woo this is going to kick buttt, I wish he was my Rep!!!

    --



    I am the Alpha and the Omega-3
  19. DMCA is worthless by Iberian · · Score: 2, Interesting

    All that this will do is stop a few of those who lack computer literacy the ability to copy their cd's to their hard drive. It is obvious that any sort of protection will be overiden by the technological elite from either America or somewhere else in the world. With the growing use and increased user friendliness of computers anyone who is smart enough to rip a cd will be able to find the crack online.

  20. Fair use by C0vardeAn0nim0 · · Score: 2

    "such as reading an encrypted e-book on another computer" - or in a OS not that don't have a sanctioned reader...

    other fair use: backup. I still remember when software used to come in floppy disks and CD-ROM was just a rich boy gadget. most of the software came with a cluse in the EULA stating that it was ok to make copies of the floppies and install the software from the copies, in order to protect the original disks from being damaged. ahhh the god ol times...

    --
    What ? Me, worry ?
    1. Re:Fair use by Anonymous Coward · · Score: 0

      Actually I remember some old programs where that was the first few steps in the install instructions.

  21. Yellow Journalism Email? by mikeboone · · Score: 5, Interesting

    I remeber a couple years ago there was a chain-type email going around warning people that congress was going to start charging $ to send email or something like that. It was pretty inflamatory, but looked somewhat legitimate by naming people and bill numbers (even though they were fake if I remember). I believe congress got tons of calls and mail about this issue.

    So someone needs to write up an inflamatory email about not being able to listen to your CDs anymore, due to Senator Smith and his bill S.9876. Then we just start forwarding it to everybody, and let them get on their congresscritters.

    1. Re:Yellow Journalism Email? by Anonymous Coward · · Score: 0
      Don't e-mail. Show up in person with your donation.

      Having worked in that environment, I can tell you that 1 person walking in has about the weight of 10 letters which has the weight of about 1000 emails. So, 100 people showing up in person is worth a LOT more than 10,000 people sending in e-mail.

    2. Re:Yellow Journalism Email? by Ash216 · · Score: 1

      I can tell you that the hoax about charging for email got amazing traction on the Hill. They were even talking about it in senate debates.(Clinton/Lazio) The email cited a fictional congressman and a bill number that could not exist and STILL my former office(a NY Congressman) got thousands of calls and letters about it. If this kind of campaign could be organized to the level of that one, I think it would have an impact because when Congressmen receive that volume of letters, they actually start to listen. Unless of course they are fritz hollings.

    3. Re:Yellow Journalism Email? by Saib0t · · Score: 1

      Ok, write one, I'll forward it to all my american friends... (no kidding)

      --

      One shall speak only if what one has to say is more beautiful than silence
    4. Re:Yellow Journalism Email? by dschuetz · · Score: 5, Insightful

      So, 100 people showing up in person is worth a LOT more than 10,000 people sending in e-mail.

      Yes, except that 100,000 people getting an inflammatory chain letter, espeically if it gets press coverage, can have a strong "chilling effect" on any legislation even remotely related.

      A while back, there was some consideration about changing US coin designs (something that's way overdue in many collectors' opinions, including mine). An incorrect rumor got started that congress was going to remove "In God We Trust" from coins, a call-in and letter-writing campaign ensued, and the legitimate legislation (which NEVER contemplated removing any of the currently mandated legends or devices) died a swift and silent death.

      I've often wondered about whether some of the chain letters out there weren't deliberately placed. Maybe taking a page from Ayn Rand or Ender's Game (Demosthenes, etc.) would be an effective way to get stuff done. After all, it's all about public opinion, and the best way to sway that is with FUD, as we all know too well.

      Of course, it's sort of stooping to "their" level, but sometimes you have to fight fire with fire.

      I wrote a nice rant about this some time ago, but I can't manage to find it with /.'s lousy search system. Something about "modem tax" and "chain letters" and such, to try to get "normal people" inflamed and calling their representatives. Does anyone know of a way to search *all* of one person's postings?

    5. Re:Yellow Journalism Email? by MrResistor · · Score: 2

      I remember that email, and I think this is a great idea. I think it should be carefully crafted and proofread before being released into the wild, perhaps as an open source project :)

      I'd certainly be willing to help. I'm not really up on the particulars, so I don't think I'd be the one to write the initial document, but I do know a bit about editing for maximum impact, and I'll certainly forward it to everyone that I know.

      --
      Under capitalism man exploits man. Under communism it's the other way around.
    6. Re:Yellow Journalism Email? by smyle · · Score: 1
      Does anyone know of a way to search *all* of one person's postings?

      Google for 'site:slashdot.org "by yourID"' will get you pretty darn close.

      --

      Sleep is just a poor substitute for caffeine, anyway. -Bob Lehmann

    7. Re:Yellow Journalism Email? by Sylver+Dragon · · Score: 1

      Ok, write one, I'll forward it to all my american friends... (no kidding)

      If you do, please post a copy on /. And everyone here, please copy and paste it in an email to everyone you know. Just make sure that it is readable, has good spelling/grammar. And would be intelligable to the average person.

      --
      Necessity is the mother of invention.
      Laziness is the father.
  22. Dear Mr. Boucher, by paranoid.android · · Score: 1

    Move to Minnesota! Please! I'll vote for you :-)

  23. Melancholy Elephants by DoctorFrog · · Score: 1
    by Spider Robinson is probably the one you're thinking of. It was a Senator she was approaching, the one with the deciding vote on the eternal copyright law (interestingly, in the story the eternal copyright law would be replacing one which only gave copyright for 50 years).

    Tragically, the Senator once convinced by her argument (that there's actually only a limited number of original tunes, plots, etc.) has to ruin his political career by returning the bribe he'd already accepted.

    Eerie, ain't it?

  24. My box makes backups at 05:00 EVERY DAY... by crovira · · Score: 1

    does the DMCA make me a criminal? Who the fuck knows?

    --
    MSBPodcast.com The opinions expressed here are my own. If you don't like 'em... Think up your own stuff.
  25. Virginia is for Bouchers by Anonymous Coward · · Score: 0

    I am so tickled that Boucher is a Virginian representative. If only there were more like him...

  26. Out of interest... by 26199 · · Score: 2, Interesting

    Has anyone ever had an audio/data CD stop working on them? I haven't... and certainly have never felt the need to back them up.

    So is this 'right to back up' as in 'right to copy and give to all my friends'? Or is it 'right to back up' as in, 'we will not be controlled to that extent'?

    I can agree with the second... the DMCA goes too far... but the first, well... get over it, you can't expect to get everything for free...

    And remember, the important things in life are free.

    1. Re:Out of interest... by AngryAndDrunk · · Score: 1

      Has anyone ever had an audio/data CD stop working on them?

      Yes, I have, and that's not including the ones that my 2 year old daughter has managed to get her hands on (one or two of which have ended up scratched or even snapped). Besides which, I have even lost one or two CDs in my time.

      Incidently, the important things in life (heating, shelter, food) most certainly are not free :-)

    2. Re:Out of interest... by mark_lybarger · · Score: 1

      many, many, many cd's stop working. they get scratched! scratched! and scratched to where they skip, and they don't play worth a shit. data cd's are less likely because somehow they're not scattered all over my desktop. you seem like the type of person who take an audio cd out of the player and puts it back into its nice little case, and onto the cd rack. well, lots of us throw them into a pile of frequently used cd's and for many of us, our 2-5 year old mongrols take the metalic disks from that stack and play frisbee in the living room. thus scratches and unplayability. so, yes, i want to be able to back up my audio cd's and even my data cd's just to be sure.

    3. Re:Out of interest... by cockroach2 · · Score: 0

      and there are the ones the car cd player kills and those which have lost their cases and are waiting for news ones and so on.

    4. Re:Out of interest... by bmongar · · Score: 1

      Actually work with a guy who's car cd player scratched the shit out of his cd's therefore making them unplayable, had he had a backup he wouldn't have had to re-buy them.

      --
      As x approaches total apathy I couldn't care less.
    5. Re:Out of interest... by chacha · · Score: 2, Insightful

      1. Instead of hauling CD's back and forth between home, car, and work, I can make an extra copy to leave in my car if I so choose.

      2. My apartment was broken into last year, and the thugs took my roommate's entire CD collection, including some albums that she will probably never be able to replace. You better believe I started making back-up copies of my CD's after that happened.

      3. I've copied tracks on to my computer so I can just play them without having to get the CD out.

      I, for one, actually OWN a legitimate copy of every CD I have. That doesn't mean I don't need or want an extra copy for myself. Not everyone who is against copy-protection is stealing music, which is what lovely folks like the RIAA seem to forget.

    6. Re:Out of interest... by 26199 · · Score: 1

      Hmm... fair enough... I suppose I was just being cynical :-)

    7. Re:Out of interest... by nehril · · Score: 2

      I, for one, actually OWN a legitimate copy of every CD I have. That doesn't mean I don't need or want an extra copy for myself. Not everyone who is against copy-protection is stealing music, which is what lovely folks like the RIAA seem to forget.

      no, the RIAA did not forget. You are just "collateral damage," they have no problems screwing you over in order to (try to) defeat the average college student with 10 gigs of mp3z. Sort of a "collective punishment" scheme.

      it's important to fully understand their position in order to fight it.

    8. Re:Out of interest... by Anonymous Coward · · Score: 0

      Actually I have had CD's die of old age (media flaked off the back), I've had CD's damaged by a faulty mechanism, I've had CD's go missing when equipment was being repaired and I've had several CD's stolen from my car.

      I DID have a backup of the CD's that died, and the ones which were damaged... but the ones which went missing were NOT backed up, so I lost that content...

      The ones stolen in my car changer where already CDR copies and I have the original media safe at home... so yes I do NEED to back up my media.

    9. Re:Out of interest... by arkanes · · Score: 2

      I've had a number, mainly due to a bad CD drive that did annoying things when presented with SafeDisc copy protection (ironic, isn't it?) My copy of dungeon keeper 2 is now useless and I'll have to buy a new one at some point. My Diablo 2 CD has a nasty scratch right in the middle of d2music.mpq, resulting in all kinds of problems. The rest of my games I have made backup copies of, and I also download noCD cracks for them so I can leave the original CDs alone - a fully legitimate usage of noCD cracks, yet they are a violation of the DMCA.

    10. Re:Out of interest... by 26199 · · Score: 1

      Hmm, are you sure you can't just send 'em for replacements? I'm sure I've heard of companies offering this... er... I can't remember where, though.

    11. Re:Out of interest... by arkanes · · Score: 2

      In a word, no, at least not with these particular games.

    12. Re:Out of interest... by mvdwege · · Score: 2

      Well, actually, the first thing I do when I buy a CD is to immediately rip it to high-quality Ogg/Vorbis. Since I do not have a stereo, but I do have a reasonable quality Philips sound system on my PC, and I like making themed playlists, I would definitely be affected by any laws that would take away my rights to make personal copies, whether directly or indirectly.

      Thats one of the reasons why Im willing to fight the European Union Copyright Directive, as I dont laws like the DMCA enacted in my home country (The Netherlands, in case anyone wants to know).

      Mart

      --
      "I know I will be modded down for this": where's the option '-1, Asking for it'?
    13. Re:Out of interest... by Steve+B · · Score: 3, Insightful
      no, the RIAA did not forget. You are just "collateral damage," they have no problems screwing you over in order to (try to) defeat the average college student with 10 gigs of mp3z. Sort of a "collective punishment" scheme.

      You're cutting them slack they don't deserve. They want you to have to buy an extra copy if the first one is damaged/stolen/whatever. If this were not the case, they would replace first copies at cost when presented with proof of original purchase.

      --
      /. If the government wants us to respect the law, it should set a better example.
    14. Re:Out of interest... by metallic · · Score: 1

      I bought the latest Staind CD about a month back, and it appears to have copy protection. Apparently, thanks to the DMCA, I cant rip it to my hard drive to make mp3s out of it. I keep all my CD's in my Xterra, so this pretty much sucks. Thanks, DMCA!

      --
      Karma: Positive. Mostly effected by cowbell.
    15. Re:Out of interest... by 26199 · · Score: 1

      Hmm... rather annoying, then...

    16. Re:Out of interest... by Anonymous Coward · · Score: 0

      Man are you kidding me ?

      And Justice for All is definitely worn out (have two copies of it). So is Dream Theater's "Awake" (2 copies of that one as well).

      any CD you happen to switch between multiple players often is subject to getting scratches and getting completely hosed.

      treat CD's as "source" media. Copy the info somewhere else if you plan on using it. if i had the time / inclination, i'd make 2 copies of every CD i owned.. one for the changer, one for the car, and i'd leave the originals in the jewel cases.

      That way, there'd be almost no movement of CDs, and the originals would be effectively preserved.

    17. Re:Out of interest... by bilbobuggins · · Score: 1
      Has anyone ever had an audio/data CD stop working on them? I haven't... and certainly have never felt the need to back them up.

      That's like saying 'has your house actually ever been broken into? why buy a lock?'.

      No, my apartment has never been robbed but it's about security and protecting yourself against what if's. I have a few cd's I picked up at used music shops etc. which are either guaranteed out of print/imported/otherwise rare and I would be devastated if some of these albums were scratched/stolen or lost in some other fashion.

      Don't I have a right to secure myself against this possibility even if it never happens?

    18. Re:Out of interest... by smithmc · · Score: 1
      I, for one, actually OWN a legitimate copy of every CD I have. That doesn't mean I don't need or want an extra copy for myself. Not everyone who is against copy-protection is stealing music, which is what lovely folks like the RIAA seem to forget.

      They haven't forgotten it. They and the record companies want to make you buy a copy for home, and one for the car. That way, they only have to work half as hard to find new music acts to record.

      --
      Downmodding is the refuge of the weak. Don't downmod, make a better argument!
    19. Re:Out of interest... by Anonymous Coward · · Score: 0
      Are you kidding?? Easily more than half of my fourteen-year-old CD collection (I got my first player in 1988) has some minor scratches on it from heavy use (home, discman, and car -- that last one seems to be pretty hard on discs due to its loading mechanism); maybe one in ten has some sort of audible defect.

      I've recently started making backups of everything I own -- starting with the most badly scratched ones first (and using a scratch-repair kit for the really bad ones). My originals are now going into a safe place, never to be played from again (except to make another copy if/when the first one gets scratched).

      Now that I've started, I realize this is something I should have been doing a long time ago, as soon as decent quality blanks came down in price to less than $1/blank.

      -FP

    20. Re:Out of interest... by Anonymous Coward · · Score: 0

      Oh yea, try giving the kids a Playstation. Game disks last about 2-3 months, tops.

      I learned pretty quick. Mod chipped the damned thing, backed up every purchase, and only let them use the CD-Rs. Black disks are off limits. And no, I don't have any hot disks in the collection even though the kids have presented friends' games for the treatment. (It was a good opening to push life's little lessons.)

      Now, the games are playing mod-chip Counter Measure tricks. Can't tell the good from the bad anymore, so I stopped buying any new games. Too bad actually, they have about 50 games and by now would likely have had 50 more. Sad for the kids, sad for Sony & the game makers.

      PS2? No way. Not until I have some reasonable way to protect the investment.

      BTW, I don't think all this is about "piracy". If that were the case, Sony could establish an open offer to replace a dead black disk for a $1. Trade in for like title at any store. But they don't, because they want to basically "rent" the damn things for ~$10/month under the guise of selling them.

  27. I love this guy!! by Danse · · Score: 1

    I'm going to email him a big wet kiss on the lips!!

    --
    It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    1. Re:I love this guy!! by Anonymous Coward · · Score: 0
      "History, I believe, furnishes no example of a priest-ridden people maintaining a free civil government." T. Jefferson

      For the obvious reason that history provides very few examples of a free civil government.

    2. Re:I love this guy!! by Anonymous Coward · · Score: 0

      Yep... and Mr. Jefferson is of the opinion that it's usually the church that plays the biggest role in removing freedoms from people. Basically using law to enforce religion. Looking back, this has been the case in most countries. It has happened here in the US as well, albeit to a lesser extent.

  28. Give this man your cash by RandomPeon · · Score: 5, Insightful

    In the US of A, it is perfectly legal for any American to purchase any politician. You don't need to be from Virgina to contribute to Mr. Boucher's reelection efforts. I'm sure certain nefarious organizations will fund his opponents. Do your part and keep this guy from getting crushed for standing up to legalized racketeering.

    1. Re:Give this man your cash by Rinikusu · · Score: 5, Insightful

      My question is, why haven't we done this already? Why don't we have a political action group? For example, Senator Hollings is in SC. Even though we may not be from SC, we can sure be pissed off at what he does. So, why don't we start a group that targets Sen. Hollings and contributes to his opponent's campaigns, media campaigns, etc, to educate HIS constituency of the things he's doing to screw EVERYONE over? What's to stop someone from buying up billboard space in downtown Charleston, SC and putting up ads that read "Sen. Hollings thinks YOU are a criminal" with maybe a link to a website with a rational, well reasoned point by point explanation of the son-of-SSSCA (forgot the new version) and why that means the consumer is a criminal. And Etc. We may be few across the states, but together, we may get people out of office and then Congress will realize that they, once again, serve the PEOPLE, not corporate "interests". Think of it as concentrated firepower, m'kay?

      --
      If you were me, you'd be good lookin'. - six string samurai
    2. Re:Give this man your cash by Rogerborg · · Score: 3, Insightful
      • In the US of A, it is perfectly legal for any American to purchase any politician. You don't need to be from Virgina to contribute

      But US of A laws like the DMCA and it's hellspawn children have international impacts (under the Berne Convention, and in the ways they effect provision of content coming out of the US of A). Given that, it's highly frustrating that "Corporate contributions or contributions from foreign nationals are prohibited by law.". All I want to do is to give the guy some money, anonymously. Would that hurt so very much?

      --
      If you were blocking sigs, you wouldn't have to read this.
    3. Re:Give this man your cash by BroccoliGod · · Score: 2, Funny
      What's to stop someone from buying up billboard space in downtown Charleston, SC and putting up ads that read "Sen. Hollings thinks YOU are a criminal" with maybe a link to a website with a rational, well reasoned point by point explanation of the son-of-SSSCA (forgot the new version) and why that means the consumer is a criminal.

      Dude! You can't click on a billboard.

    4. Re:Give this man your cash by soulcuttr · · Score: 2, Interesting
      Rinikusu said
      My question is, why haven't we done this already?
      It has been my observation that while there is a lot of collective angst on the internet and on Slashdot, very little of that energy is turned into a productive solution. People feel too powerless to affect the giant political machine of the United States -- and who could blame them? Any time that I have written to my senators, it has changed nothing. Any time that I have spoken up even in local government, it has changed nothing. It could be that it's because I live in a region dominated by conservatives, but even so I would hope that reason (MY reason.. heh) would win out. Maybe the majority does want a draconian government to rule them with an iron fist...

      </pessimism>

      I guess we keep trying, though.

      -Sou|cuttr
    5. Re:Give this man your cash by amunter · · Score: 1

      Hmm, the radio buttons on that page that you are asked to print out don't even show up in Netscape 4.x and in Mozilla I can never get the $1000 one unchecked. No biggie because it is not a submission, just a print and send in thing.

    6. Re:Give this man your cash by Anonymous Coward · · Score: 0

      Because that is called "soft" money, and is now limited by the new campaign finaince laws. Yet again, it is the 'small' voice that gets squelched.

    7. Re:Give this man your cash by Anonymous Coward · · Score: 0

      What is it that makes you think that even half of Charleston's population would be able to READ and COMPREHEND that billboard?

    8. Re:Give this man your cash by Sodium+Attack · · Score: 2
      What's to stop someone from buying up billboard space in downtown Charleston, SC and putting up ads that read "Sen. Hollings thinks YOU are a criminal"...

      If it's within 30 days of a primary or within 60 days of a general election, the new Campaign Finance Reform law stops you.

      (Sorry for the hijack--actually I think a "GeekPAC" would be a good idea--but this hit on one of my pet peeves. The good news is that First Amendment challenges to the law are already being mounted.)

      --

      Never take moderation advice from sigs, including this one.

    9. Re:Give this man your cash by Geoff · · Score: 2

      My question is, why haven't we done this already? Why don't we have a political action group?

      Check out GeekPac.

      --

      Computers are useless. They can only give you answers. -- Pablo Picasso

    10. Re:Give this man your cash by Geoff · · Score: 2

      actually I think a "GeekPAC" would be a good idea

      Guess what? There is a GeekPac! Check it out.

      --

      Computers are useless. They can only give you answers. -- Pablo Picasso

    11. Re:Give this man your cash by Wah · · Score: 2
      I guess we keep trying, though.

      That's all you can be doing. Valenti has been lobbying, with cash money, for over 100 years (or at least he looks like it). To think that something will change without consistent concerted action is the dream of a junkie. Stay firm, keep working, and never, ever, ever give up.

      It's the only way to win.

      --
      +&x
  29. Mr. Boucher goes to Washington..... by Ab0rtRetryFail · · Score: 1

    Though Mr. Boucher is not my representative (Tom Davis, R-VA, and Republican Chair of Something), his stand against the innumerable forces arrayed against him makes me wish that he was. It's heartening to know we have somebody in Washington that's standing up against this unfair "Digital Rights Management." My gut feeling is that there are no more than 15 Congressmen that truly stand with Mr. Boucher.... a scary thought. Lets hope Mr. Boucher and others are successful at dismantling the DCMA and other legislation of its ilk (COUGHCOUGHHOLLINGSBILLCOUGHCOUGH)

  30. DMCA And Cloning by InterruptDescriptorT · · Score: 2

    Now you can see why GWB and his ilk are lobbying to make human cloning illegal. If it were to be legal, Rep. Boucher would be the first one I'd want cloned... about 435 times (one per seat in the U.S. House Of Representatives).

    Seriously, this guy has more of a clue than half my coworkers. And I'm a software engineer.

    --
    Karma: Excellent Birds (mostly as a result of listening to Laurie Anderson)
    1. Re:DMCA And Cloning by Anonymous Coward · · Score: 0

      I'd be happy with 200 of Boucher and make the rest of Dr Villaneuva Nunez......

    2. Re:DMCA And Cloning by cute-boy · · Score: 1

      With you there, the lack of awareness of my co-workers of the issues that ultimately affect and surround their jobs and lives astounds me.

    3. Re:DMCA And Cloning by CrazyDuke · · Score: 1

      "Seriously, this guy has more of a clue than half my coworkers. And I'm a software engineer."

      I was surprised I had to tell my mother that sending a DVD she bought in the US to her penpal in Europe was a bad idea because of region coding. She didn't have a farking clue what I was talking about.

      That is just one example. Seriously, most Joe & Jane Blows don't have a clue on exactly how they are being raped. *Remembers all the people that still thought EULA's just said not to make illegal copies*

      --
      Any sufficiently advanced influence is indistinguishable from control.
    4. Re:DMCA And Cloning by danro · · Score: 2

      "I was surprised I had to tell my mother that sending a DVD she bought in the US to her penpal in Europe was a bad idea because of region coding. She didn't have a farking clue what I was talking about."

      Actually, it might work. A lot of the DVD players that are sold in europe is region free.
      Many cineasts imports a lot of movies, and region codes are definitly not apprechiated over here, since they leave us with whatever the media corps bother to market here.

      Most of the people I know actually make sure to buy region free DVD's.
      This is an retailer in Stockholm, Sweden that only sells region free DVDs (yes, they have been sued a lot... but are still kickin').
      They also modify your region free machine for a fee. Here is a list of the modifications they offer.

      --

      "First lesson," Jon said. "Stick them with the pointy end."
    5. Re:DMCA And Cloning by danro · · Score: 1

      "region free DVDs" was supposed to read region free DVD players
      sorry.

      --

      "First lesson," Jon said. "Stick them with the pointy end."
  31. Timing? by supabeast! · · Score: 2

    Hopefully this will get enough press that we will all know just when Rep. Boucher will be moving against the DMCA, so that the rest of the Senate hears the voice of support for Rep. Boucher at once. All the webmasters in the techie world should remember to keep an eye one this one and post regular updates, our best hope here is to stay united.

  32. Cash-ola by thing_from_space · · Score: 1

    I suppose it wouldn't be so bad if these legislators were voting the way their constituents wanted them to or even their concious. I could understand completly if Coble truely felt this is the best for his district and the US. However, the fact that money from the industry that this Act has so greatly benefitted taints so many of it's supporters makes my stomach turn. Time and again we hear how this kind of influence has been eliminated from our government and still it happens.

  33. GNU Philosophy in Government by Alethes · · Score: 1

    "Of course, the ban on soft money should help..."

    Sorry to be off-topic, but are you really naive enough to think that banning soft money will actually prevent politicians from being bought using other methods?

    The only way you're going to make money less of an issue is if it becomes a non-issue. What we need is GNU Government, where everybody participates because they want to see high quality, and not because there is a financial incentive. Sure it's a pipe-dream to expect that this would actually be implementable, but, I guess people were saying that about GNU software 10 years ago.

    1. Re:GNU Philosophy in Government by Anonymous Coward · · Score: 0

      Its called socialism. It failed. Everytime it was tried, despite their intentions.

      Profit is the best means for people to progress.

      What is funny here, is the issue is whether or not when I buy a piece of music/software is it really mine to do with as I choose?

      If I create a piece of work in your GNU/socialistic government I HAVE to give it away(ie. it isnt mine to do with as I choose). Nice double standard.

    2. Re:GNU Philosophy in Government by Anonymous Coward · · Score: 0

      Applying the GNU philosophy to to economics would be horrible. Applying it to the way government is run would be beneficial. It just means that the president, congresscritters, and judges would have to get a day job, too -- kinda like those of us that work on different GNU software projects.

      Profit is a great way to motivate people to create high quality material goods and services. Profit is a horrible way to propogate high quality ideas and information.

    3. Re:GNU Philosophy in Government by ethereal · · Score: 0

      The problem with GNU/Government is the Douglas Adams Paradox: anyone who seeks political power is exactly the sort of person whom you don't want to have it. Also, people contributing to Free Software generally agree with the goal of the project, but people have different ideas of the goal of government in the first place.

      --

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

    4. Re:GNU Philosophy in Government by Anonymous Coward · · Score: 1, Informative

      Douglas Adams? Try Plato. It's in "The Republic".

    5. Re:GNU Philosophy in Government by ethereal · · Score: 1

      OK, whoever's going through nearly day-old posts and moderating score:1 comments "overrated" is officially a jackass. Loser.

      --

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

  34. What's timothy's excuse today? by sh00z · · Score: 0, Troll

    What the heck? timothy just got busted yesterday for duplicating a recent article. This makes two days in a row. Three strikes and you're out, buddy.

    1. Re:What's timothy's excuse today? by sh00z · · Score: 1

      I hate to have to do my own follow-ups, but here it is: timothy posted this today, and it's just another re-hash of this. Sheesh. Wake up already.

  35. I actually like this guy by Windcatcher · · Score: 1

    Wow, I've always voted Republican but damn if I'm not starting to like this guy. Now if only Curt Weldon would see the light...

    1. Re:I actually like this guy by Anonymous Coward · · Score: 0

      You're not the only one. I'm one of his constituents and the district that he represents is Republican-friendly, however Boucher still routinely gets 70-80% of the vote (including mine).

      Part of this is that, aside from all DMCA issues, he really is a thoughtful (and highly intelligent) person who genuinely cares about the little guy. I've talked to him on three occasions in the last five years (none about the DMCA) and I have been supremely impressed each time.

  36. What constitutes fair use? by galaga79 · · Score: 2

    What is fair use though? How far does fair use extend and where do it limits end? That seems to one part of the problem, because there is no rule of thumb of what constitutes fair use. In seems to be in the same boat as justice, in that it's definitely a good thing to have but its a loose principle so there is no concrete definition to determine what is just and what isn't.

    Looking on the Internet there are plenty of documents (example 1, example 2) that define fair use in academia, but are they such definitions in regards to personal use?

  37. Hit the industry where it hurt by Anonymous Coward · · Score: 0

    The biggest thing "the industry" has to fear is education of the masses about what they are not allowed to do. IOW, lobby the public. I hope Boucher can bring the dangers of DMCA to the spotlight.

  38. "...Still no one law..." by TechnoLust · · Score: 2
    Hence the "Protected by other laws" statement in my original post. The AHRA protects fair use of certain things (like mix tapes, as you mentioned) but there are others which protect other things. If the AHRA is a law, and it protects "fair use" by making mix tapes legal, then your first sentence is wrong. Just because no laws use the terminology "Fair use" does not mean it is not protected.

    Also, I am not saying this bill is not justified, or even that it is not needed. It is certainly a step in the right direction. However, I think the DMCA should be completely repealed and all the Congressmen who voted for it should be smacked with a wet trout.

    --
    "Da ist ein Technölüst in mein Unterpanten!"
    1. Re:"...Still no one law..." by colmore · · Score: 2

      The congressmen and Clinton, who voted in the DMCA, the current congressmen and Bush, who happily let it stay on the books, and the RIAA should be locked up.

      "Circumventing" their locks should be made illegal.

      --
      In Capitalist America, bank robs you!
  39. The USA isn't as important as you think by EvilAlien · · Score: 2
    The US does not truly equal the world in terms of the law, however. The DMCA is a US copyright law, and copyright law does not cross borders. A copyright held in the US is not valid under Canadian law, for example.

    The relevance of DMCA-invoking complaints is still under serious review under Canadian law. ISPs in Canada are not obliged to comply with DMCA take-down notices as they would be in the USA. For example, if a take-down notice is received regarding a website hosting material which violates copyright of a US company, the Canadian hosting company may have more to worry about in terms of their customer's rights than they would regarding the DMCA complaint.

    This uncertain state of affairs in Canada is not for lack of effort on the part of the Department of Justice in Ottawa. They are seeking several bits of legislation which parallel what is happening in Australia. The Canadian DoJ is using the Aussies as a role model, and have been VERY VERY resistant to challenges to Bills (for example: Bill C-15A) which try to steer Canadian law towards the examples set by the European Union (very hands-off) and the USA (moderate compared to Australia and the EU). The DoJ clearly wants laws which will place responsibility on the shoulders of the ISPs. Even so, Canadian responsibility to comply with the DMCA is not clear at all, and there is no legal requirement (at present) to comply with a DMCA take-down notice for content hosted in Canada.

    --
    perl -e 'print $i=pack(c5, (41*2), sqrt(7056), (unpack(c,H)-2), oct(115), 10)'
    1. Re:The USA isn't as important as you think by Anonymous Coward · · Score: 0

      A copyright held in the US is not valid under Canadian law, for example.

      Ha. Look up a little thing called the Berne Convention and come back after you've been educated.

    2. Re:The USA isn't as important as you think by Anonymous Coward · · Score: 0

      Good information but I should point out one very significant thing that you seem to be mistaken on.

      The US is at least as important as he thinks it is. In fact it's far more important that anyone really believes. The US is every bit as powerful, influential, dominant, successful, and fun to live in as the rest of the world imagines we are.

      We own this world and we let the rest of you live here out of the goodness of our hearts. The rest of the world can make light of it all they want but the sad simple truth is that between American corporate power and military power the rest of you and your governments don't move unless we tell you to.

      We are Jolly Green Giants walking the earth, with guns. It's all true.

    3. Re:The USA isn't as important as you think by EvilAlien · · Score: 1

      Despite the language of the Berne Convention, for example Article 13 on sound recordings, the point is that the DMCA is a US law. Copyright, and I mean specific copyright for a specific work, not the concept in general, is registered on a per contry basis so that it becomes a protected work in each (see the last point of Article 13 for an example of how this applies). I could be mistaken on how the subtleties of this works, and I acknowledge that my understanding is imperfect (I'm not a lawyer), but in my experience dealing with copyright issues, seeking action based on a foreign law is not going to work since that law does not hold force. However, should a complaint regarding a work protected under the DMCA be made in reference to its protection under Canadian law, then the problem is evaded. The point is that the laws governing the issue are of the nation the violation occurs in.

      --
      perl -e 'print $i=pack(c5, (41*2), sqrt(7056), (unpack(c,H)-2), oct(115), 10)'
    4. Re:The USA isn't as important as you think by EvilAlien · · Score: 1
      I dunno, I think the US is held in check by the threat of Canada unleasing its arsenal of Celine Dion recordings. Don't mess with us, although it may be a human rights violation to use weapons of Mass Annoyance, our Celine Dion stockpile is as good a deterent as the threat of nuclear weapons, proliferation of English cuisine, or Lederhosen.

      ph33r us. We have Celine Dion and we're not afraid to use her for war.

      --
      perl -e 'print $i=pack(c5, (41*2), sqrt(7056), (unpack(c,H)-2), oct(115), 10)'
    5. Re:The USA isn't as important as you think by Anonymous Coward · · Score: 0

      (Original AC you responded to here)

      Ok, so you got me there. The US is the ultimate power in our universe BUT for the power of Celine Dion recordings. We can do nearly anything here but stop those. That means Canada is the one nation in the world that has our balls in a vice.

      How's it look from up there Canada? The only one with more pure power than the US thanks to your insidious collection of obnoxious recordings.

    6. Re:The USA isn't as important as you think by EvilAlien · · Score: 1
      We have to listen to Celine Dion too, occasionally, so its a mutual balls-in-vice situation. I'm not sure of the wisdow of testing our own weapon on ourselves, but what can ya do?

      As a note, it is widely believed that the advent of crap like Nsync and Backstreet Boys started the arms race which has led to sponsored weapons research cleverly disquished as "Pop Stars 1 & 2".

      I think its time we put aside our differences and realized the evils of mindless pop music will eventually destroy us all.

      --
      perl -e 'print $i=pack(c5, (41*2), sqrt(7056), (unpack(c,H)-2), oct(115), 10)'
  40. Amendments for specific technologies? by erroneus · · Score: 3, Insightful

    That'd be a huge mistake. Laws last longer than technologies do. There will come a time when "CD" is extremely primitive and inefficient. Meanwhile, the rest of the law remains in place?

    It would be amazing to see "Fair Use" in the law books instead of being merely a part of court precedence though.

    It's time to flood congress with intelligent opinions. I think this political activism thing is actually working for us. I think even politicians WANT to do the right thing if only they people they represent show they care and are watching.

    1. Re:Amendments for specific technologies? by mpe · · Score: 2

      That'd be a huge mistake. Laws last longer than technologies do. There will come a time when "CD" is extremely primitive and inefficient. Meanwhile, the rest of the law remains in place?

      Which is why laws should not mention specific technologies. Which renders the DMCA a bad law on title alone...

      It would be amazing to see "Fair Use" in the law books instead of being merely a part of court precedence though.

      It's perfecly possible to enumerate such rights in a statute. It is simply necessary to mention only what can be done.

    2. Re:Amendments for specific technologies? by Anonymous Coward · · Score: 0

      Fair Use already IS in the law books. Congress put it there in 1976, to attempt to codify what the courts were already doing based upon their interpretation of the Constitution.

    3. Re:Amendments for specific technologies? by erroneus · · Score: 2

      It is? I'm open to learning stuff. Which law is it?

    4. Re:Amendments for specific technologies? by Frank+T.+Lofaro+Jr. · · Score: 2

      Fair Use in Federal law: 17 USC 107.

      --
      Just because it CAN be done, doesn't mean it should!
  41. Yes! by GypC · · Score: 2

    Now that we have the librarians on our side we are unstoppable!

    But seriously, librarians are well educated and man do they know how to research. They are valuable allies for any cause...

    1. Re:Yes! by Anonymous Coward · · Score: 0

      librarians kick Axels ass. And most of them look like the lead singer of Pantera

    2. Re:Yes! by hyphz · · Score: 2

      Better than any of those, libraries have the most amazing reputation with the public possible.

      Do something that hurts pirates (or can be framed as hurting pirates)? Folks cheer. Do something that hurts fair use? Folks go, "'Wha?". Do something that hurts computer wizards? Folks ignore it. But do something that hurts LIBRARIES? Pitchforks at dawn.

      There have been articles I've seen before that stated that copyright mavens feared a confrontation with libraries because of their reputation...

  42. DMCA confusion by khyron664 · · Score: 1

    This may have been brought up before, but why (besides the obvious part of legislation preventing circumvention) was the DMCA proposed in its current form?

    Let me explain my question. A copyright holder is a copyright holder as far as I know (which admittingly isn't far), so why would there need to be a bill that deals with copyright material in a digital form? Why does the medium matter? Sure it's easier to transfer digital material than any other, but SO? It's still illegal.

    The reason I bring this up is that IF the DMCA is ammended to allow fair use (which unfortunately I highly doubt will happen), we end up with ANOTHER set of copyright laws that will just add confusion. Why wasn't the DMCA a bill simply to deal with illegal distribution/reproduction of copyrighted material instead of an additional copyright bill? It would've achieved the same purpose and included wording that would conflict with fair-use just as easily.

    I don't know much about why certain bills are written they way they are, nor am I especially strong in copyright knowledge. I've tried to read the DMCA, but get lost in the legalesse speech. I'm just kinda curious why our Congress felt the need to create another set of copyright laws (albeit inspired by industry) when all that appears to truely be wanted was more strict laws against reproduction and illegal use.

    Khyron
    1. Re:DMCA confusion by hyphz · · Score: 2, Insightful

      The DMCA is NOT really a copyright law. You are right, digital content is protected in the same way as everything else by regular copyright law.

      What the DMCA does is to ban the distribution of devices that circumvent copy protection mechanisms. Thus, for example: Copyright law says it's illegal to use a decrypter to copy a DVD. The DMCA says it's illegal to get the decrypter in the first place (unless you invented it yourself).

      Unfortunately, the killer is that it (apparantly) bars devices that circumvent copy protection mechanims, NO MATTER WHAT ELSE THOSE DEVICES DO, and NO MATTER WHAT ELSE THE COPY PROTECTION MECHANISMS DO.

      Fair use is the classic example. Preventing fair use isn't copyright protection, because copyright cannot legally prevent fair use. Technically it would be completely legal for you to decrypt a DVD for fair use reasons, and neither copyright nor the DMCA stops you directly. But the DMCA will stop you getting the decryptor you need to do it. So unless you want to engineer one yourself, you effectively lose your fair use ability. The holders have defended this under the grounds that 'they are under no obligation to make fair use easy'.

      The real question is how Boucher is going to get fair use into the DMCA without repealing the whole thing. An extra law, which said that they WERE obliged to make fair use easy, would help..

    2. Re:DMCA confusion by khyron664 · · Score: 1

      That helps explain my confusion. Since DMCA stands for Digital Millenium Copyright Act, I figured it was also included copyright rules and regulations. The rest of the actions in the bill (prevention of circumvention stuff) I knew about. I agree that I don't see how this law can be amended, and that it can only really be repealled.

      Khyron
  43. It's not the soft money by vrt3 · · Score: 1

    There is no soft money here in Europe, but the upcoming EUCD is as bad or even worse as the DMCA.

    --
    This sig under construction. Please check back later.
  44. I'll Get Off My 4ss Now by 4of12 · · Score: 2

    When Rep Boucher's bill gets close to Congress, I'll actually send a letter, on paper, to my U.S. House representative indicating that this little grass root voter wholeheartedly supports Boucher's legislation and cares very much about this issue.

    I suggest you do the same. People that care enough to write a coherent letter get counted. However, it doesn't work quite like Slashdot, though. You won't get modded up to +5 Funny for sprinkling baby powder on the letter.

    --
    "Provided by the management for your protection."
  45. Criminal penalties by pyite69 · · Score: 1


    Restricting fair use should be a felony, just
    like figuring out methods of encryption.

  46. Nope It's Douglas Adams by WinPimp2K · · Score: 1

    Plato's stuff is all in the public domain. Adams stuff is still under copyright. That means he can file the serial numbers off of Plato's work and otherwise make new works derived from Plato's original.

    At least Adams was kind enough to thank everyone for all the "fish"

    --

    You either believe in rational thought or you don't
  47. Young Lawyers -- Dee-Em-See-A by dh003i · · Score: 2

    Young lawyers, there's no need to be down
    I said, young lawyers, pick yourself off the ground
    I said, young lawyers, cause your in a new town
    There's no need to be unhappy
    Young lawyers, there law where you can go
    I said, young lawyers, when you're short on your dough
    You can use that law, and I'm sure you'll find
    Many ways to sue a good time.
    Its fun to sue with the D.M.C.A
    Its fun to sue with the Dee-Em-See-A
    It has lots of legal cahces for lawyers to enjoy
    You can hang out with all the MPAA-boys
    Its fun to sue with the D.M.C.A
    Its fun to sue with the Dee-Em-See-A
    You can sue them till they're sucked clean
    You can, off their money, have a good meal
    You can sue them well whenever you feel
    Young lawyers, are you listening to me
    I said young lawyers, what do you want to be
    I said young lawyers, you can sue in your dreams
    but you've got to know this one thing
    No lawyers, does it all by himself
    I said young lawyers, put your put your pride on the shelf
    And just go there, to the D.M.C.A
    I'm sure the MPAA lawyers can help you today
    Its fun to sue with the D.M.C.A
    Its fun to sue with the Dee-Em-See-A
    It has everything for young lawyers to enjoy
    Lots of nice little legal toys
    Its fun to sue with the D.M.C.A
    Its fun to sue with the Dee-Em-See-A
    .
    .
    .

  48. When is Rick Boucher's birthday? by chryptic · · Score: 1

    We should declare a geek national holiday in honor of Rick Boucher and his efforts for freedom in technology.

    --
    The two most common things in the Universe are hydrogen and stupidity. -- Harlan Ellison
    1. Re:When is Rick Boucher's birthday? by Anonymous Coward · · Score: 0

      yeah mcfly. let's do that.

  49. I'll second that.... by thumbtack · · Score: 2

    I live in the district next to his, with Disney payee Goodlatte. He won't be getting my vote again. However, my mom lives in Boucher's district and I've had the opportunity to sit down with him and discuss the DMCA and Music licensing issues with him, as well as his legislative assitant, Johanna Mikes. He is intellegent, insightful, beleives strongly in copyright, but also beleives in a balance as copyright was intended to be. One of the concerns he has is about copy-protected cds, when they do go into public domain, it would still be illegal under the DMCA to break the encrption to make it publicly available.

    Picture of Johanna Mikes, Rick Boucher's legislative assistant with Fred Von Lohman of the EFF,at the Future of Music Coalition Pho Dinner in Jan. 2002.

    Picture of Rick Boucher and me taken Jun 2001.

  50. Objectivity = credibility (part 2) by no_opinion · · Score: 1

    In my professional career, I've found that you can't find fault with a corporate approach unless you have a viable alternative. If all you do is point out the problem but don't offer up anything better, you'll be ignored.

    Whenever this topic comes up, everyone says "our 'fair use' rights are being trampled, we should be able to make copies of our legitimate music." So assume that the music industry acknowledges this. How are they supposed to allow copies for legitimate uses but not for piracy? Today's DRM technology cannot make this distinction. Telling them to remove all protection is equivalent to saying "ignore me, please, because I don't have constructive input."

    So if we want to be taken seriously, we need to make objective, constructive and viable suggestions that allow them to prevent piracy while protecting our rights. This is the kind of input the "geekPAC" needs in order to be taken seriously.

    1. Re:Objectivity = credibility (part 2) by hyphz · · Score: 3, Insightful

      > How are they supposed to allow copies for
      > legitimate uses but not for piracy? Today's DRM
      > technology cannot make this distinction.
      > Telling them to remove all protection is
      > equivalent to saying "ignore me, please,
      > because I don't have constructive input."

      No, absolutely not. The companies need to be told that if THEY want the benefits of the technology, THEY have to develop it first. Breaking people's rights to get one without the other is wrong.

      Suppose I want to be able to defend my house against burglars. I have the right to do that and to use reasonable force in doing so. I would like to build a machine that would club burglars on the head. By your logic, it is ok for me to set up a machine which attacks EVERYONE who comes within range of my house. After all, I have the right to protection, and I cannot help the fact that innocents get attacked because the technology to distinguish them from burglars doesn't exist.

      Furthermore, unless legislation that forces companies to adopt technologies that will permit fair use is created, then a) no money will go into developing it, and b) even if it is developed nobody will use it. Why should they? They would far prefer that there was no fair use.

    2. Re:Objectivity = credibility (part 2) by Anonymous Coward · · Score: 0

      They don't have a right to IP. Read the constitution. Only to promote progress. Not for money.

      End of story. Copy what you want - it's constitutional.

    3. Re:Objectivity = credibility (part 2) by hyphz · · Score: 2

      > Only to promote progress. Not for money.

      Money is needed for progress, both to buy the stuff you need for progress AND to encourage people to make progress instead of doing something else that makes money.

      Also their definition of progress is wide open. After all, CDs and DVDs and similar are entertainment products, so it is not clear how they constitute or promote progress; in fact it could be argued that they impede it (because when someone is watching a film they're not progressing something else). However, a similar argument did get tried in court (somebody was charged with copying some porn, and they appealed under the grounds that porn should have no copyright protection because, being frowned on by society, it didn't constitute progress) and was rejected by the judge.

    4. Re:Objectivity = credibility (part 2) by no_opinion · · Score: 1

      You are side-stepping my point, which is that we have to use logic and make realistic suggestions if we don't want to be ignored. So what is the realistic, objective suggestion that you are making?

    5. Re:Objectivity = credibility (part 2) by Anonymous Coward · · Score: 0

      So, by this logic, what objective, constructive, and viable suggestions has the music industry offered to allow us to exercise our fair use rights?

      How about every DRM enabled distritbution comes with a serial number which allows you to request as many copies as needed on whatever media the consumer desires. If they want to deny my right to make my own backups on my own media, they can do it for me. They can make all my mix tapes for me, etc.

      In the end, this is not a corporate argument, it is a legal argument. The music industry is attemting to use government to protect what they see as their rights, and the consumers need to stand up and use government to protect their rights. When they fundamentally disagree as to what those rights are, there are few/no constructive alternatives.

    6. Re:Objectivity = credibility (part 2) by hyphz · · Score: 2

      My response to you point is that you have yet to show that any solution that is 'logical and realistic' by your definition would NOT be ignored.

      Suppose we did work out a way of doing DRM that allows fair use. Why should anyone take any notice? As long as the law allows them to use a version that blocks fair use - and supports them in doing so - they have no reason to care about our technology.

      Can you suggest anything that would NOT be ignored unless backed up by legal change to give it teeth?

  51. 50 MPG? by emarkp · · Score: 1
    There's no technological reason why every new car and truck in america isn't getting 50 MPG
    You're full of crap. The single biggest contributor to low MPG is weight of the vehicle. Number of cylinders/displacement figures in there somewhere.

    Unless of course you have documentation that proves me wrong? Otherwise, why aren't the auto makers making lower MPG vehicles? People would be buying them up like crazy. A 50 MPG SUV would get rid of the arguments the greens have against them.

    Or do you believe in some auto-oil-cabal conspiracy theory?

    1. Re:50 MPG? by Anonymous Coward · · Score: 0

      There isn't any conspiracy regarding the fact that the US government uses it's armed forces to subsidize oil prices. If the US defended it's land instead of it's commercial interests then gas would have a real cost attached to it and people would buy fuel efficient cars.

  52. those damn democrats! by Anonymous Coward · · Score: 0

    Those damn big gubmint democrats! How dare they stick their nose in my fair use... oh wait...

  53. Throw it in the harbor by Anonymous Coward · · Score: 0

    Boston, CD party.

  54. Lessig is our man - Re:Yellow Journalism Email? by infofreako · · Score: 1

    We need Larry Lessig to write this email! He's the one law professor who is most up-to-date with the damage that the DMCA, RIAA, CARP and others are doing daily and can articulate it in a way that most non-/. folks will understand. He has taken on Jack Valenti (head of the MPAA) directly in debates and run circles around their theories and ideas.



    -info

  55. To Add a Trivial Point about an Important Subject by FFtrDale · · Score: 1

    Remember: those Amendments don't give us the rights we have. They just announce that we have them and prohibit the people who work in government from violating them. We need to do a certain amount of work to call them on it when they do, though.

    --
    Think, write, think, edit, think...then post.
  56. Crypto 128 bit is illegal in the USA, UK, China by kiwipeso · · Score: 1

    Citizens are only allowed 128 bit, anything better is 'military grade' [in other words, they couldn't break it in 1976]
    Unfortunately, your only legal strong crypto in the USA, UK, China & other police states is Steganography.
    Steganography is hidden messages within messages, it's the thing in A Beautiful Mind that was regarded as madness. But it works pretty well.
    Note: my system is 300 kilobytes, 2400 orders of complexity harder than 128 bit. It won't be broken by a NSA black box in your lifetime.

    If you can keep a secret, you can make a profit. If NSA knows all your secrets, NSA can take your profits.
    NSA does this already with european firms having their secrets sold off to the highest US bidder.

    --
    - Kaos games and encryption systems developer
  57. Been written. by Kasreyn · · Score: 2

    I don't remember the name of the author, but this was the story. It was posted to either /. or k5 as I recall.

    Reposted WITHOUT consent of the author; if anyone reading this is or knows the author, please let me know.

    ****

    A Letter From 2020

    Dear Me,

    I'm not sure if reading this letter is illegal. I thought it only fair to warn you; it might be better to just destroy it.

    The actual writing has been a bit of a chore. Word.NET isn't what it used to be. Even Microsoft.NET couldn't afford to patent everything, so whilst I can do Find, there's no Replace anymore. One good thing about having only one legal operating system is that it's very stable. I'm glad they never update Windows.NET; anyone can live with three or four crashes a day and the hourly rent is less than I pay for my apartment.

    I try to remember what it was like when I was a kid but it's really difficult; the world has changed so much since then. I found a paper book the other day that described the rise and fall of something called the "Internet". It started out with people putting up links on computers so that they could follow the link and read things on other computers for free. After it got to be popular, companies started to create machines with lots of links that you could search to find things of interest. But someone put up a link to something illegal and got sued and had their machine shut down. This happened a few times and people started to take the links off their machines. The search engine companies were the first to go and without them, you couldn't find anything. Eventually no one put up links anymore because the legal risk was too great. The important thing is that it reduced terrorism. I'm not sure how it could have worked anyway. Anything I write on my computer or any music I create gets stored by Word.NET and Music.NET in encrypted formats to protect my privacy. No one but me, Microsoft.NET and the National Corporation can read or hear my stuff even if they could link to it.

    I shouldn't admit it, but sometimes I go to certain places and speak to the subversives. I know its wrong but their warped views on things have some kind of morbid fascination. For example, I spoke to someone who claimed to be a historian the other day. She had courage all right, admitting to an illegal activity like that. I hadn't understood why it was illegal until she explained. History, she told me, gives you context. You can compare today with some time in the past; ask questions like, "are people better off", "look at the different forms of doing business", "compare corporate records or the rights of citizens" (I think she meant employees).

    But what interested her was that future generations will know nothing about us; all our records and art are stored digitally, most of it will simply disappear when no one rents it anymore -- remember the sadness when the last digital copy of Sgt. Pepper was accidentally erased? And the data that does survive will all be encrypted and in proprietary formats anyway -- even if there were historians they'd have no right to reverse engineer the formats. I can vaguely remember that people used to have physical copies of music and films, although I'm not sure how that was possible, or what the point was when we can rent whatever we like from the air interface. I don't think it matters that those who come after us can't read our writings or hear our music or see our films; these things are temporal anyway, if no one rents them then they can't be worth keeping.

    The saddest subversive I met claimed to be a programmer. He said that he was writing a program using Basic.NET. He must have been insane. Even if his program worked he wouldn't be allowed to run it. How could one person possibly check every possible patent infringement in a program they wrote? And even if he hadn't infringed he couldn't sell it without buying a compatibility license from Microsoft.NET and who could possibly afford that? He had said something about gippling the software, which apparently means giving it away, but mad as he was, even he knew that under WUCITA that would be illegal.

    These subversives really don't seem to understand that a few restrictions are necessary for the sake of innovation. And progress has been made. We don't have spam since most people can't afford an email license due to the expensive patent royalties. Our computer systems all have the same operating system, user interface and applications so everyone knows how to use them, and although they crash and don't work very well, we all know the limitations and can live with them. We have no piracy of intellectual property since we rent it as we want it and have no means of storing it.

    It was the USA that showed the world the way of course. First the Digital Millennium Copyright Act, then more and more software patents. The Japanese followed suit. The Europeans were a problem, which is only to be expected, with their anti-business un-Christian socialist tendencies. Fortunately, common sense prevailed, helped along by the good old dollar I've no doubt and they accepted both software patents and a redefinition of copyright to suit global corporations. Once the USA, Japan and Europe had uniform intellectual property laws to protect our corporations and our way of life, everyone else had to play ball or they couldn't trade. The result has been that every algorithm and computer program and every piece of music and film (after all music and film can be put into digital form and are therefore a form of software) have been patented. No more variations on Beethoven (unless you've got the patentees approval). No more amateur participation in music or film which might risk lowering standards. No more challenge to established business and business practices.

    I'm crazy to have written I know. But I am so happy in the world and I remember how unhappy I used to be. I wanted to somehow pass back to you the knowledge that its all going to be okay, that the world really is getting better.

    Sincerely,

    Mark.

    ****

    end repost.

    -Kasreyn

    --
    Kasreyn: Cheerfully playing the part of Devil's Advocate to hairtrigger /. flamers since 1999.
  58. the DMCA has every right to copy protection by mozkill · · Score: 1

    the DMCA has every right to copy protection!

    if they make a copy protected CD, and you paid for it, then you basically agreed to the copy protection. You DO NOT have a right to copy the material in ANY cirumstance. In this case, the buyer agrees to this arrangement by paying for it. if the buyer didnt agree, he/she didnt have to buy the product.

    --

    -- Betting on the survival of the media industry is a serious risk. I advise investing elsewhere.
  59. An equally silly set of NZ laws in progress� by kiwipeso · · Score: 1

    Crimes Amendment Bill (No 6) seeks to make hacking illegal if you're not the police or secret service, allows police & secret service to read all email regardless of the Privacy Act 1993 & Bill of Rights 1989.
    Telecommunications Interception Act seems to give police & secret service unlimited rights to tap any phone, cellphone, fax, internet connection at the phone exchange or ISP if they get a secret warrent.
    These proposals also include a provision to force crypto key escrow on all users of encryption, with keys being stored with Police & Secret Service headquarters in Wellington.
    Basically, it means the police & secret service get to read all emails, faxes, listen in to all phonecalls & know where your cellphone is at all times.
    Both of these proposed laws are being pushed by Paul Swain, Minster of commerce, communications & IT.

    What I want to know is: do they have the capability to actually go through every electronic communication? and if the internet information is encrypted, how hard does it have to be to make it unbreakable?

    --
    - Kaos games and encryption systems developer
  60. Funny, yet appropriate by Trogre · · Score: 1

    The first time I read the article headline I read:
    "DMCA Attack Loons",
    and I thought "yes, we know about those attack loons working to uphold the DMCA, what have they done now?"

    --
    "Nine times out of ten, starting a fire is not the best way to solve the problem." - my wife
  61. Re:a quote from Malcolm X by Kargan · · Score: 1

    "If you give people a thorough understanding of what confronts them and the basic causes that produce it, they'll create their own program, and when the people create a program, you get action."

    --
    Palaces, barricades, threats, meet promises
  62. Gee that's different from mine by Anonymous Coward · · Score: 0

    Congress of the United States
    House of Representatives

    Rick Boucher
    9th District, Virginia
    NINTHNET@mail.house.gov
    HTTP://www.hous e.gov/boucher/

    May 3, 2002

    Thank you for your kind expression of support for my efforts to prevent the erosion of fundamental fair use rights in the digital era.

    In answer to your question, we will first exhaust every political channel (including framing Sen. Hollings by loading his computer with Disney pr0n). If that fails, then yes, the 9th District of Virginia will secede from the Union. We will need every available volunteer hacker to make our voice heard, largely by rooting the Department of Defense website and covering it with the phrase "Hacked by Chinese!"

    I appreciate your taking the time to share your views with me. With kind regards and best wishes, I remain

    Sincerely,

    Rick Boucher
    Member of Congress

    (joking of course)

  63. Not all of the DMCA is bad by Pseudonym · · Score: 2

    Remember that the big problem with the DMCA is the anti-circumvention provisions. The rest of it is relatively uncontroversial and in many respects welcome.

    One of the actions of the DMCA was to make proxying legal for the first time. Previously it was legally the same as republishing. Now it's understood that you have to cache copies and resend them as part of the operation of the web. Repealing the DMCA would make proxying illegal again.

    Another is that the DMCA made legal the temporary installation of copyrighted software for the purpose of maintenance. So thanks to the DMCA, if you have a legal copy of Norton Utilities, you're allowed to use it on someone else's machine to fix it so long as you delete the copy when you're done.

    All pretty good stuff, apart from chapter 12.

    --
    sub f{($f)=@_;print"$f(q{$f});";}f(q{sub f{($f)=@_;print"$f(q{$f});";}f});