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BusinessWeek on Open Source and Copy Protection

prostoalex writes "An article starting with the words "Forget about Bill Gates, folks. The biggest enemy of free software may be Senator Ernest F. Hollings" historically had a little chance of being published in a recognized business publication. In this case, though, Business Week (no registration) runs a detailed but straightforward explanation of how the new copyright bills could threaten free software and open source movements."

203 comments

  1. Senator Hollings by 56ker · · Score: 1, Redundant

    Looks like Senator Hollings (Disney) triumphs in crushing free speech and criticism of his bill again!

    1. Re:Senator Hollings by gazbo · · Score: 0, Troll
      We need this sort of law if we are to prevent another Sept. 11th.

      The only people who benefit from open source are hackers, pirates and terrorists.

    2. Re:Senator Hollings by Anonymous Coward · · Score: 0

      It also looks lik Sen. Hollings thriumps by
      crashing propriatory speech and copyright. How
      do you know that a software manufactured has
      violated copyright and copied somone's code into a binary unless the source
      code is viewable by the public.

  2. Excuse me but by Anonymous Coward · · Score: 4, Insightful

    there is software development and usage outside of the USA; the USA isn't the whole world. Free software won't just die out because corporatelisimo senators ban it in the USA. Besides, what geek is going to stop using Linux on his home boxen because of some dumb law?

    1. Re:Excuse me but by NoMoreNicksLeft · · Score: 5, Insightful

      Haha. So much ignorance packed into such a small paragraph. Where do I even start?

      The USA may not be the whole world, but it is a decent sized chunk of open source development. Sure you won't miss us?

      The law won't keep a geek from running linux. The tiny little DRM chip soldered to the motherboard will do that job.

      And, most importantly, the EU is full of copynazi's too. Generally, they adopt laws about 5 years after we do. So you'll get about half a decade more freedom than we do, use it well.

    2. Re:Excuse me but by Anonymous Coward · · Score: 0

      You're new to Slashdot aren't you?

    3. Re:Excuse me but by mericet · · Score: 1
      there is software development and usage outside of the USA; the USA isn't the whole world. Free software won't just die out because corporatelisimo senators ban it in the USA.

      But the US is trying to force it down the throats of the world through WIPO (World Intellectual Property Organization), WTO (World Trade Organization), etc. and the EU is already considering something similar, and besides, how many countries produce CPUs except the US?

    4. Re:Excuse me but by Anonymous Coward · · Score: 0

      I'm not in Europe. You are rude and obnoxious.

    5. Re:Excuse me but by Anonymous Coward · · Score: 0

      australia almost always takes americas lead and the pollies almost alway basicly take the american law and change and thing mentioning the u.s. and change to australia and presto so you should be worried and have you forgotten what happened to skylarov(?)

    6. Re:Excuse me but by NoMoreNicksLeft · · Score: 2

      Rude, yes. Obnoxious certainly. But...

      I'm not lying.
      I'm not trolling.
      And, if I had any control over the bullshit, I'd spare your country, even if I couldn't spare my own (who knows, I might emigrate).

      If being rude and obnoxious drives home the point that this is something serious, then it's effort well spent.

    7. Re:Excuse me but by FrostedWheat · · Score: 2, Insightful

      the USA isn't the whole world

      I agree with this, and most of the development of Linux probably takes place outside of the US. But most of the 'big' computer companys are American. And without support from them, Linux will have a hard time getting the support (ie. money) it deserves. Sure it'll still be used, but if there is no commercial backing it may go the way of Amiga or BeOS.

      The best thing that can happen now is already beginning, Linux is becoming popular all across the Earth. And the more this happens, the less it'll be vulnerable to silly laws in one country.

      what geek is going to stop using Linux on his home boxen because of some dumb law?

      We have Linux in our workplace. That's what I'd be more worried about. There's no way it would be allowed to stay, if it became illegal.

      I live in the UK, and looking at the recent history of our government regarding the computer industry - I'm not holding by breath.

    8. Re:Excuse me but by Krapangor · · Score: 2, Informative
      >And, most importantly, the EU is full of copynazi's too. Generally, they adopt laws about 5 years after we do. So you'll get about half a decade more freedom than we do, use it well.

      This is not correct. While there is a movement now to strengthen the companies rights at the whole copyright issue, the European tradition is to protect much more customer rights than in the US.
      Examples:

      • The European competition commissar Prodi fuck up all companies which try to abuse their power to betray customers. He has already attacked large companies like Daimler/Crysler and Volkswagen, and I think they have already moved their focus on Microsoft.
      • The privacy proctection laws are much stronger than in the US. In fact you don't have any decent laws at all. But in Europe you have the right to demand to be informed what kind of information a company has stored about you and you have the right to demand that all information about you has to be deleted. And the company has to comply.
      --
      Owner of a Mensa membership card.
    9. Re:Excuse me but by Anonymous Coward · · Score: 2, Insightful

      there is software development and usage outside of the USA; the USA isn't the whole world. Free software won't just die out because corporatelisimo senators ban it in the USA.

      OK, imagine this. Linus Torvalds and all the other US open-source hackers have to leave the country when (if, hopefully) the CBDTPA passes. They can no longer travel between any two countries if they would normally stop in the US, for fear of being taken in for copyright infringement, which is now a felony. They get fined thousands of dollars *apiece* for aiding and abetting copyright infringers. Kernel.org, sourceforge.net, freshmeat.net, and others have to move their servers overseas, along with the people who maintain them, ad infinitum, ad nauseum.

      Besides, what geek is going to stop using Linux on his home boxen because of some dumb law?

      If copyright protection is embedded in the hardware such that post-CBDTPA computers can't boot from untrusted, unsigned bootloaders (as it must be for this copyright protection to be more than corporate masturbation), Linux geeks are stuck with three choices:

      1) Circumvent the protection. Not every geek has a chip fab running in his basement, so attacking this from the hardware side is kind of out. If someone circumvents it in software, the US flexes its extraterritorial influence, gets the software's distribution stopped, and gets the geek arrested.

      2) Run pre-CBDTPA hardware with Linux. A couple years down the road, their old hardware results in them not being able to ogle all those OMG HOT HOT MPEG7 shots of Kirsten Dunst in Spider-Man II. Most geeks have no willpower whatsoever. Put 2 and 2 together.

      3) Suck it up and use Windows. This results in all the geeks not being able to post about how 1337 they are on Slashdot. In addition, it renders the computer almost completely useless for anything beyond the capabilities of a TV or radio, because that's what Hollywood really wants; a new tube through which they can spoonfeed us bubblegum pop and blockbusters starring bubblegum pop "artists."

      The future is now, and the USA is much more powerful than it should be. Scared yet?

      -- Just another AC waiting to turn 18 and skip the country.

    10. Re:Excuse me but by Charm · · Score: 1
      The thing I don't get is. What about PC's that don't have any content delivery systems in them. Like a standard PC without a DVD drive. Does that fall under this or are we only talking about TV-PC's and stuff?

      As for the US and the EU you do realise that is only a portion of the world, and the rest of the world is far more hungry for open source than the first world. Consider Asia, India, The middle east, Russia, South America, Oceana.

      --
      -- RTFM:Slackware::Beer:Saturday
    11. Re:Excuse me but by Anonymous Coward · · Score: 5, Funny

      I'm a proud owner of a Mensa membership card.

      Who's card is it?

    12. Re:Excuse me but by Fat+Casper · · Score: 3, Insightful
      there is software development and usage outside of the USA; the USA isn't the whole world.

      There are jails inside the US, and the FBI is good at strongarming others to forget for a bit that they are soverign nations.

      --
      I spent a year in Iraq looking for WMD and all I found was this lousy sig.
    13. Re:Excuse me but by Charm · · Score: 1

      Maybe you should look on your CPU before you type as it probably says made in malaya.

      --
      -- RTFM:Slackware::Beer:Saturday
    14. Re:Excuse me but by NoMoreNicksLeft · · Score: 2

      Wow, nice privacy laws. Hell, even nice anti-trust legislation too.

      Too bad it's a copyright issue.

      Don't take this as an insult, please. As far as I'm concerned, we're on the same team playing against the politicians and corporocrats. We don't need to be fighting among ourselves.

    15. Re:Excuse me but by NoMoreNicksLeft · · Score: 2

      My understanding is this. Practically everything with a transistor will have to be DRM compliant. Also, it will be open, so if some new gadget is invented we can't live without, it will be included too. They won't need to rewrite the law.

      Not just the DVD drive either, but the hard drive, CPU, etc. PDA's, VCR's, home theatre hardware, maybe speakers. Certainly walkmen, mp3 players. Monitors too. I imagine networking gear, at least at the consumer end of things, will fall under this also. So that cool 802.11 access point, it will be hobbled also.

      Now, here come the politics. The US has a history of bullying other countries. Worse, it's usually not something that I could justify (like bullying dictators out of power, or forcing foreign goverments to clean up corruption). Usually, it's more along the lines of forcing the Ukraine to comply with US cd-r policy. So I'm not sure just how safe you are in another country, or for how long. Remember, the US itself stayed out of WWII for the longest time, by lying to itself that it was only happening elsewhere. Injustice, however, is infectious.

    16. Re:Excuse me but by Hoser+McMoose · · Score: 1

      There are major CPU manufacturing plants in the US, Ireland, Germany, Taiwan, etc. etc. There are CPU packaging plants in Malaysia, Puerto Rico, and many other locations.

      However, when it comes to CPU design teams, there's VERY little going on outside the United States. The ARM design is all based out of the UK, which is probably the best example. Intel apperentely has some work being done in Isreal, and AMD has a new design center in Germany alongside their fab there, but both AMD and Intel do most of their design in the US. Other than that? Sun's in the US, MIPS is still all US-based to the best of my knowledge, HP and Compaq/Digital were both designing in the US, but they've given up on that now. Even VIA, which is a Taiwanese company, has their design team based out of Austin, Texas.

      That being said, the point is probably moot since it makes no sense embedding this technology into the CPU's themselves. But then again, I suppose this law makes no sense at all in the first place.

    17. Re:Excuse me but by Alsee · · Score: 2

      >And, most importantly, the EU is full of copynazi's too. Generally, they adopt laws about 5 years after we do. So you'll get about half a decade more freedom than we do, use it well.

      This is not correct


      Actually it is. I suggest you read the EUCA. The US passed the DMCA in 1998. The EUCA mandates that EU member countries implement DMCA type laws by 2003. Five years, right on schedual. You only have a few months before the shit hits the fan.

      The privacy proctection laws are much stronger than in the US.

      I have to admit you have us there. Instead we have idiots proposing laws protecting anti-privacy. Your privacy proctection laws aren't going to do you one bit of good against copyright-abuse laws though.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    18. Re:Excuse me but by Anonymous Coward · · Score: 0
      The US has a history of bullying other countries. Worse, it's usually not something that I could justify (like bullying dictators out of power, or forcing foreign goverments to clean up corruption).

      Usually it's the exact opposite, like overthrowing democratically elected governments and INSTALLING a dictator. Or making marijuana illegal, and then threatening to impose sanctions on any country that won't do the same. Really, the world could be a much better place if the USA would HELP other countries, or at least stop interfering. But we can't have that, can we? Gotta protect those US interests. And hey! So what if someone crashes planes into buildings in retaliation? The American people can spend a few hours wailing "OH WHAT HAVE WE DONE TO DESERVE THIS???" before being comforted and brainwashed by their leaders into believing that they were attacked by people who "HATE FREEDOM". Yeah, those freedom hating people are a real problem aren't they? Too bad most of the actual freedom hating people are in the US government.

      GO BACK TO SLEEP AMERICA! The Government will look after you!
    19. Re:Excuse me but by Alsee · · Score: 2

      What about PC's that don't have any content delivery systems in them.

      The original wording of the SSSCA would have applied not only to all computers, but to calulators, digital watches, microwave ovens, and tinkertoys.

      The more recent language of the CBDTPA appears to narrow the restrictions to just devices that display "media" - sound and/or video - and probably also anything connected to the internet. I can't imagine any functional computer could avoid these restrictions.

      US and the EU ... only a portion of the world

      The US and the EU are the current battlefields, but don't imagine for a second that this isn't a global war. I'm not sure what became of it, but the US recently threatened Ukraine with 100% tarriffs if they did not comply - the economic equivalent of war. What prompted this drastic threat? The US wanted the Ukraine to pass a law forcing CD manufacturers to put serial numbers on all blank CDs. Why? Blank CD's *might* be used by EVIL PIRATES.

      One part of the proposed law makes it illegal to connect a non-crippled computer to the internet. Don't be supprized if this is used to justify cutting the internet connections of any non-compliant country - in addition to economic warfare.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    20. Re:Excuse me but by NoMoreNicksLeft · · Score: 2

      First off, I did imply that it's usually something less than noble. Didn't I say as much?

      Second, I am a US citizen, and I find your tone insulting. This wasn't an invitation to bash my nation, or to rub salt in open wounds. Did you ever bother to consider that some people who read your garbage might have lost loved ones?

      Third, I don't believe we've ever done anything to deserve 9/11. It's worse than insulting to suggest that. Criminal doesn't begin to describe it.

      So fuck off. Criticism I can take, but your insults border on provocation.

    21. Re:Excuse me but by SignalFreq · · Score: 1


      I will concede the point that there are freedom hating people amoung the US population... but that is their right. Just like it is your right be a whiny little bitch. What you do not have the right to do is kill thousands of other citizens. Period.

      Now, I dare you to walk down the streets of Pakistan carrying a sign that reads 'Musharraf is satan' or 'Allah should be shot'. I am sure you would not be brainwashed by the Pakistan government.

      Here in the US, the people have a VOICE. And they are allowed to use it to influence government policy. Which is exactly how all the privacy envasion/copyright protection bills will be defeated.

    22. Re:Excuse me but by egreB · · Score: 3, Insightful

      Third, I don't believe we've ever done anything to deserve 9/11.

      I never quite got how this discussion ended in 9/11, but anyway.. I don't believe anyone deserves murder. Nobody. But the way I see it, the attacks against the US at 9/11 was understandable. Don't get me wrong; understandable, but not acceptable. A friend of mine wrote a text about this, wich reflects my views as well.. please take a look at it here

    23. Re:Excuse me but by Anonymous Coward · · Score: 0

      Put it this way: What will the ultimate fate of linux (and free software) be if it can -only- be found on a geek's home computer? No business will use an illegal operating system for it's servers, that is certain.

    24. Re:Excuse me but by Mathness · · Score: 1

      The USA may not be the whole world, but it is a decent sized chunk of open source development. Sure you won't miss us?.

      You forget the most basic thing about open source, that everybody can modify it. So if it becomes illegal in the US, someone outside US will probably take over the develpoment. Therefore we can continue without the US.

      The law won't keep a geek from running linux. The tiny little DRM chip soldered to the motherboard will do that job.

      Which DRM chip? Again you presume that everything resolves around the US. A very large portion of hardware is made outside of the US, mainly in Asia. And they are not covered by any US law, granted they will make DRM based systems for the US, and in all likelyhood non-DRM based for the rest of the world.
      If only DRM based systems becomes avaible, there is still time for purchase of non-DRM based system, which can easily last 10+ years. Which gives a lot of time for the DRM to be cracked and/or removed from law again. We do not even have to look that far back to see this will happen, both DVD and some CD protections have already been broken, iether at the software or hardware level.

      And, most importantly, the EU is full of copynazi's too. Generally, they adopt laws about 5 years after we do. So you'll get about half a decade more freedom than we do, use it well.

      They might adopt similar laws, but they are not as severe.

      --
      Carbon based humanoid in training.
    25. Re:Excuse me but by Anonymous Coward · · Score: 0

      The future is now, and the USA is much more powerful than it should be. Scared yet?

      Been scared of USA for some time now. This is the most oppresive country and powerful military in the world (they still develop new and and more deadly weapons, why?). Sure they say they are a democratic nation, but look at the people getting elected, they have the same ideas and greed. Feed them money and the will pass any law you desire. If the goverment can interven in a trial (as they did in the MS trial), the ruling and judging powers are one, and that is a big no-no in democracy.

      We have a country where the most powerful and rich can more or less do as they pleases, this have a ugly word; Oppression. And we all know that oppression breeds violence, a few exsamples; The militsia like communities inside USA, the terror actions against USA.

    26. Re:Excuse me but by Beliskner · · Score: 2
      I will concede the point that there are freedom hating people amoung the US population... but that is their right. Just like it is your right be a whiny little bitch. What you do not have the right to do is kill thousands of other citizens.
      Why not? Saddam Hussein already kills millions of his own children by saying "NO!" to US grain imports that are due under the oil-for-food programme. Saddam has $10billion of grain ready and waiting for shipping under this scheme but he's saying, "NO! Don't give me the grain, let my children starve so the US will lift Iraqi sanctions, making America look weak so that binLaden will gain supporters and attack the US again."

      Therefore in order that binLaden doesn't attack the US again, America must look strong, and maintain Iraqi sanctions at all costs, killing Iraqi children. People die, dude it's just the way the world works, that's why elections are such a big deal.

      --
      A caveman dreams of being us, the incalculable power and riches. We dream of being Q, then what?
    27. Re:Excuse me but by Anonymous Coward · · Score: 0, Funny

      Who's card is it?

      Not your's, obviously.

    28. Re:Excuse me but by schon · · Score: 2

      A very large portion of hardware is made outside of the US, mainly in Asia. And they are not covered by any US law, granted they will make DRM based systems for the US, and in all likelyhood non-DRM based for the rest of the world.

      Don't bet on it. Remember DeCSS? Adobe Ebooks? You can bet that the protectionist forces in the US will go after any company that tries to sell non-compliant hardware in another country. I imagine the argument would go something like this:

      "It's illegal for a company to offer for sale a device which doesn't have the DRM circuitry. Since company X is doing business in the US, they are subject to US law, and since the law doesn't say 'offer for sale in the US', then they're subject to sanctions under the law."

      Don't underestimate the insular and protectionist forces in power in the US. Just ask Canadian lumber companies and (now) farmers how far they're willing to go to protect US interests. (hint: they'll blatantly break an international treaty they pushed for.)

    29. Re:Excuse me but by Mathness · · Score: 1

      Don't bet on it. Remember DeCSS? Adobe Ebooks? You can bet that the protectionist forces in the US will go after any company that tries to sell non-compliant hardware in another country.

      I do remember, but note that they can only enforce their law in the US, which is the case with DeCSS and the Ebook decoder.

      "It's illegal for a company to offer for sale a device which doesn't have the DRM circuitry. Since company X is doing business in the US, they are subject to US law, and since the law doesn't say 'offer for sale in the US', then they're subject to sanctions under the law."

      I doubt that a company can be on trial for buisness in other countries. If a company choose to sell DRM inside USA and non-DRM outside USA, and is procecuted one of four things will happen:

      - They will stop doing buisness in the US (not likely at all)
      - They drag the case through the court (not likely)
      - They obay the US law, and stop selling non-DRM systems (some what likely)
      - Create an additional company for selling non-DRM systems, and they can still do buisness (most likely)

      If a company is not located in USA, they will have a very good opportunity for buisness elsewhere.

      One last thing though, if a company have neither office or people in USA, how can they be affected. The only way is to ban the products that are imported. This might will raise conserns in WTO, and could lead to counter bans from other countries.

      --
      Carbon based humanoid in training.
    30. Re:Excuse me but by fmaxwell · · Score: 3, Insightful

      I'm a proud owner of a Mensa membership card.

      What is there to be so proud about? Mensa membership means that you have a relatively high IQ. Nothing more. It's like boasting that you are tall or have high cheekbones -- also things that are determined largely by genetics.

      Those cards don't mean that you have accomplished anything with your life. There are plenty of people that are Mensa members that are boorish, rude, and utterly lacking in morals. There are Mensa members who are drug abusers, wife beaters, thieves, etc.

      If you want to be proud of something, do something to be proud of.

      P.S. Before you launch into the usual Mensa ad-hominem accusation of "sour grapes", be aware that I was invited to join Mensa by a member, attended one of the meetings, and scored well above the minimum necessary for membership on several tests. I chose not to join and came away with a clearer understanding of the difference between a high-IQ and actual intelligence.

    31. Re:Excuse me but by Pig+Hogger · · Score: 1, Flamebait
      Rude, yes. Obnoxious certainly. But...
      What else can you expect but obnoxiousness from a yankee? It's not for nothing that they get planes hurled into their buildings...
    32. Re:Excuse me but by Pig+Hogger · · Score: 2, Flamebait
      Third, I don't believe we've ever done anything to deserve 9/11. It's worse than insulting to suggest that. Criminal doesn't begin to describe it.
      A good start to find out why you fuckenly deserved it would be to pull that head from your rectum. Never mind the big sucking sound.
    33. Re:Excuse me but by Pig+Hogger · · Score: 2
      Those cards don't mean that you have accomplished anything with your life. There are plenty of people that are Mensa members that are boorish, rude, and utterly lacking in morals. There are Mensa members who are drug abusers, wife beaters, thieves, etc.
      And there are yankees, too!!!
    34. Re:Excuse me but by Beliskner · · Score: 2
      Which DRM chip? Again you presume that everything resolves around the US. A very large portion of hardware is made outside of the US, mainly in Asia. And they are not covered by any US law, granted they will make DRM based systems for the US, and in all likelyhood non-DRM based for the rest of the world
      Everything does revolve around the US, in IT anyway. Most Japanese and Taiwan chip exports go to the US. George Bush has pledged to defend Taiwan from Chinese invasion and so they'll do DRM. Japan has thousands of US troops stationed there so they will also incorporate DRM into their systems.

      It's not economical for hardware vendors to maintain seperate fabs one for DRM and one without DRM, so they'll all have DRM. Hardware only makes a few percent profit, Microsoft makes thousands of percent.

      --
      A caveman dreams of being us, the incalculable power and riches. We dream of being Q, then what?
    35. Re:Excuse me but by Swanktastic · · Score: 1
      Who's card is it?



      Not your's, obviously.

      Hahaha. Sad that this comment got -1 flamebait! I guess grammar jokes don't get the respect they deserve on slashdot...

    36. Re:Excuse me but by Anonymous Coward · · Score: 0

      > I guess grammar jokes don't get the
      > respect they deserve on slashdot...

      Now come on... read some of these posts.

      How many of these people could SPOT a joke on grammar? I'm waiting for the day I see someone write "thei'r".

    37. Re:Excuse me but by Anonymous Coward · · Score: 0

      I do remember, but note that they can only enforce their law in the US, which is the case with DeCSS and the Ebook decoder.

      Sure - so how is it that the FBI was able to arrest Jon Johansen in Norway?

      I doubt that a company can be on trial for buisness in other countries.

      You obviously haven't been reading /. long enough.

      What do you think happened to Elcomsoft? Why are they on trial right now, in Washington, D.C.?

      Or did you mean for doing business in non-U.S. countries? If that's what you meant, then that's OK -- that's why we have the CIA! (they overthrow governments and force elections, sure, but is there any reason they can't also take on international corporations?)

      The only area where you are correct is that the company would most likely just form a totally-separate entity specifically meant for selling DRM hardware in the U.S. The rest of the world will have a strong enough demand for non-DRM hardware for the hardware companies to keep producing non-DRM hardware, while the U.S. will have legislated demand for DRM hardware...

      Sen. Hollings is an asshole that absolutely needs to be removed from office, and the sooner the better - preferably via discontent among his constituants (assuming the voting process really works anymore)...

    38. Re:Excuse me but by zbuffered · · Score: 2

      For a second I thought you were a troll, but you're 100% right...
      In the end, it's not how special you are so much as how special your actions are. It's what you do that separates you from the rest of the pack. Just because you did better in school and on your SATs than your friend doesn't mean that you're going to go and make more money than him.
      If I sit around the house all day in my underwear eating doritos, how special am I? If I come up with a great idea for a new invention, then decide not to take a risk and implement it, how special am I?
      That said, I need to go do something special.

      --
      Synergy is your friend
    39. Re:Excuse me but by Snover · · Score: 1

      Apparently not yours. (Nice grammar.)

      --

      [insert witty comment here]
    40. Re:Excuse me but by schon · · Score: 2

      I doubt that a company can be on trial for buisness in other countries.

      You may doubt it, but it's true. Do a google search for Bro-Tech, a company who's Canadian subsidiary sold water purifiers to Cuba; the principals were arrested in Philidelphia, and jailed.

      The only way is to ban the products that are imported. This might will raise conserns in WTO, and could lead to counter bans from other countries.

      Man! How naieve are you? Have you NO idea of how little respect the US has for other countries? I even said: "Just ask Canadian lumber companies and (now) farmers how far they're willing to go to protect US interests.

      THE US SIMPLY DOESN'T CARE about treaties.

  3. Free software: Its out of the bag by billsf · · Score: 3, Insightful

    It would seem very hard to take back something that is out and freely available. There will allways be a place where it is legal and a site to download it. Certainly an act of Congress isn't going to stop the worldwide development effort. It has kind of a parallel to the attempt to ban crypto outside of the US. It just won't work and basicly for the same reasons.

    1. Re:Free software: Its out of the bag by cookd · · Score: 1

      Yes, but it sounds like the either new computers (with the DRM chip) won't run any OS that isn't approved by Hollywood to interoperate with the DRM chip, or anything that doesn't properly interoperate with the DRM chip won't be able to play any digital media.

      --
      Time flies like an arrow. Fruit flies like a banana.
    2. Re:Free software: Its out of the bag by grahammm · · Score: 1

      I suspect that the majority of computers are not (or, for those in businesses, should not) play digital media.

    3. Re:Free software: Its out of the bag by Ig0r · · Score: 2

      It won't matter what the system is actually used for if the bootloader won't run any non-authorized kernels.

      That's what the problem is. It's already illegal to break copyright law. This is just making it technically impossible to even attempt to break copyright law. It's a law making it illegal to break other laws, even though it outlaws a LOT more that that.

      --
      Soma: because a gramme is better than a damn.
    4. Re:Free software: Its out of the bag by jc42 · · Score: 2

      > I suspect that the majority of computers are not (or, for those in businesses, should not) play digital media.

      This doesn't matter. The bill in question will outlaw software that CAN make illicit copies. So any program that merely copies a file (including cp and cat) will become illegal. The DOS "copy" command will also have to be deleted. They'll all have to be replaced by programs that examing the data, determine (how?) whether it contains anything that is copyrighted, and if so, refuse to copy it.

      Also, if there is a programming language installed on your computer, it can be used to to write ("reverse engineer") a plain copy program. So programming languages will have to be considered illegal, since they encourage programmers to break the law.

      As some people have said, what is being attempted is to make general-purpose computers illegal.

      There is a lot of precedence for this sort of legal overkill. Several years ago, there were a number of funny news reports of the town in Oregon that outlawed sex. It was in the guise of a bill that was intended to outlaw sex shows and the like. The way it was written, it outlawed all sex "within view of any place public or private". The lawmakers really were that clueless.

      (I haven't heard whether anyone was ever arrested and charged with violating this law by having sex within their own bedroom. Presumably all it would take would be for a married couple to have a child. That would be pretty good proof of illegal activity, unless they could show that they had only had sex outside the town. ;-)

      --
      Those who do study history are doomed to stand helplessly by while everyone else repeats it.
  4. A Bad, Sad Hollywood Ending? by Anonymous Coward · · Score: 0, Offtopic

    Open-source software could find itself locked out of a whole industry if the entertainment giants get their way on copyright protection

    Forget about Bill Gates, folks. The biggest enemy of free software may be Senator Ernest F. Hollings. Legislation introduced in March, 2002, by the South Carolina Democrat to require that copyright-protection software be embedded in PCs, handheld computers, CD players -- and anything else that can play, record, or manipulate data -- could make open-source software such as the Linux operating system illegal.

    Initially, the Hollings bill provoked a huge outcry mainly from consumer groups, plus makers of PCs and electronics gear (see BW Online, 3/27/02, "Guard Copyrights, Don't Jail Innovation"). Now that the measure's full implications have sunk in, the usually vocal open-source community is starting to react as well.

    Linux guru and Hewlett-Packard consultant Bruce Perens says Hollings-style copyright protection schemes are "a high-level concern" for open-source advocates, a point he has made to Hollings' aides and to protechnology Representative Rick Boucher (D-Va.). Consumer-advocacy groups such as San Francisco's Electronic Frontier Foundation also are defending the open-source concept in negotiations between electronics manufacturers and entertainment companies that could result in new standards that outlaw the use of open-source components in new digital TV sets and tuners.

    KEY ISSUE. Here's the crux of the issue: Hollywood studios and record labels want to encrypt their products with an algorithm of some sort, for which every piece of hardware or software that plays or displays their material must have a corresponding electronic key. (If the algorithm or the key is missing, the content won't play -- thus thwarting pirates.) For added protection, the established entertainment companies want Congress to pass a law requiring technology companies to build the key into their products. Thus, no DVD players, PCs, CD players, or operating systems would be legal without Hollywood-designed copyright protection.

    The problem is, in their zeal to dictate how hardware and software makers build their equipment, the movie and music moguls would mess with matters that are none of their business, critics say. Embedding copyright-protection mechanisms into new PCs and other digital devices would mean inserting pieces of software code that are hidden, or locked down, and couldn't be altered. That would amount to nothing less than an assault on the open-source religion, which advocates sharing, collaboration, and free access to code.

    A crucial feature of the Linux operating system -- the basic software that controls a computer -- is that any part of it can be modified by its users, as long as they agree to make the modification available, for free, to the world at large. Locking down Linux could destroy this dynamic, on which plenty of corporate software developers now depend, and also bar open-source programmers from the $80 billion consumer-electronics market.

    SCRAMBLED AND UNSCRAMBLED. The Hollings bill's vague language makes it difficult to predict specifically how any new legislation would affect open-source software. Even so, the fears of the movement's junkies reflect more than paranoia. Just look at the controversy surrounding the encryption that's already embedded in DVD players. Six years after DVD players were introduced, no legal, "pure" (free of proprietary components) Linux DVD player is on the market.

    The reason: Each approved DVD manufacturer has to sign a licensing deal with the DVD Copy Control Assn. It requires that each player contain the Content Scrambling System (CSS), which prevents, say, a French citizen from watching a Hollywood movie before it has been released in France, as well as inhibiting unauthorized copying and distribution (see BW Online, 1/16/02, "The French Have a Word For It: Hacking").

    Since the licensing goes against the most basic open-source ground rules, no company that used Linux signed the license. Thus, Linux users are unable to to watch DVDs on their computers. "Hollywood doesn't just make movies, it controls how consumers can watch the movie," complains Larry Rosen, a Silicon Valley attorney and executive director of the Open Source Initiative, a nonprofit organization dedicated to promoting open-source software. "They make it impossible for a movie to be legally viewable on Linux -- or on any machine they don't approve of. Does that hurt Linux? It hurts everyone."

    CRACKED CODE. The DVD example also illustrates something else: that even the best copyright-protection plan isn't foolproof. In mid-1999, 16-year-old Norwegian hacker Jon Johansen started to distribute a software program called DeCSS. It unscrambled the CSS encryption so DVDs would run on Linux. Once that was accomplished, DVDs could also be copied to hard drives and shared with Internet users, à la Napster.

    Since then, five or six Linux DVD players have come to market, all of which Hollywood claims are illegal because they don't contain the CSS. So far, U.S. courts have backed the studios, though several cases are still pending. There's only one "approved" Linux player, LinDVD, from a company called Intervideo. But it contains some proprietary code -- and has received lukewarm reviews from Linux users.

    Despite the breaches in CSS, copyright owners continue pursuing the idea of embedded copyright protection as a key weapon in their fight against piracy. They're now trying to create standards that could restrict the use of open-source software in the delivery of digital TV. Members of what's known as the Broadcast Protection Discussion Group (BPDG) confirm that closed-door talks between copyright owners and makers of consumer-electronics and PCs are focusing on securing veto power for Hollywood over technologies that could be used in future TV sets -- and open-source isn't on the O.K. list.

    BAD CALLS. The BPDG's recommendation, which could be announced as early as May 17, outlines two possible approaches, according to the group's members. Either Hollywood studios will have to approve which technologies can be used to encode and decode digital broadcasts, or they'll be allowed to construct a list of criteria that technologies must meet to be considered for use. That list would then be used by an arbitrator to decide if a technology is secure enough to entrust using with digital content.

    "No matter what, Hollywood has some control over the technologies manufacturers are allowed to support," says Seth Schoen, who is attending the BPDG meetings as an Electronic Frontier Foundation staffer. "And that limits consumer choice." A lawyer who works on behalf of the studios counters that Hollywood's position is right, adding: "It's their content that's at risk."

    Granted, but Hollywood has proved uniquely unqualified to decide which technologies will benefit consumers -- even in its own industry.

    THE VCR SCARE. In 1982, Jack Valenti, president of the Motion Picture Association of America, famously proclaimed that the videocassette recorder was as threatening to the movies as the Boston Strangler was to a woman walking alone. Twenty years later, video rentals account for 46% of studio revenues, vs. the 24% collected at the box office.

    Open-source advocates say that's proof enough the market, not the entertainment industry, should decide which technologies prevail. But Hollywood's voice -- and dollars -- carry more weight on Capitol Hill than ideological arguments about the best way to develop good, cheap software. So, for now, open-source advocates face a tough battle just to make themselves heard.

  5. Re:Spoiler for Star Wars Nerds: by Anonymous Coward · · Score: 0

    You forgot to cite your source.

  6. Truly Scary Folks by Anonymous Coward · · Score: 0

    This one could change everything. Please, everyone, write (not email) your senator! It's easy to find out who your senator is if you don't know already. This one is too big to be hacked around. The political process is our only hope.

    1. Re:Truly Scary Folks by Anonymous Coward · · Score: 0

      Its already over.. there's nothing you can do about it. Why don't you think about something like football?

    2. Re:Truly Scary Folks by NoMoreNicksLeft · · Score: 2

      I think writing our congressmen has about the same statistical chance of affecting them, as most voodoo rituals do.

      I don't believe in voodoo.

      However, it is fun to torture dolls dressed up as politicians. I highly recommend it.

    3. Re:Truly Scary Folks by Melantha_Bacchae · · Score: 2

      An AC wrote:

      > This one could change everything. Please, everyone, write (not email)
      > your senator! It's easy to find out [senate.gov] who your senator is if
      > you don't know already.

      Write your representatives in the House too.

      > This one is too big to be hacked around. The political process is our
      > only hope.

      The political process is breaking down here in the US. Who elected the president? Certainly not the other 49 states. It was a big roulette wheel in Florida that determined who won, with the Supreme Court dictating when to stop the wheel. This stupid legislation would have never been proposed if the MPAA and RIAA didn't "own" Hollings.

      The presidential election "joke" angered and upset people. It is those same real people of this country, not just the geeks and technical types, who have the power to change this. The Business Week article is good, use it and others to get the word out in a way people can understand it. Send letters to the editor and press releases (yep, anybody can write one, and lots of newspapers and sites would love to have something to put in their next edition), particularly to independent media outlets. Make people understand, and make them mad! Force this as a major issue (both Hollings bill and the more general issue of Congress serving Hollywood, or whoever that bribes them, instead of the people) in the November 2002 elections. Make it abundantly clear to the members of Congress just who it is they are there to serve. Make it equally clear to them that they won't be in Congress much longer if they don't serve the people who elected them.

      Abraham Lincoln never said anything about a government "of Hollywood, by Hollywood, for Hollywood and their greed"!

      Bells are ringing: Mothra, Mothra!
      Every heart is calling: Mothra, Mothra!
      Come on, Tok Wira, these sharks have gotta pay!
      New Kirk calling Mothra, we need you today!

  7. Fear the government by Anonymous Coward · · Score: 0

    Once again......
    Some people complain about Microsoft ..... some people complain about corporations..... but it's always the govt that you have to be really afriad of.

    --
    Buggy outlook never threw anyone in jail!

  8. Don't mod if you think it's karma whore by jsse · · Score: 3, Informative
    1. Re:Don't mod if you think it's karma whore by 56ker · · Score: 2

      The link gives a list of the committees and sub-committees he's on, also contact details, a photo and a short biography.

  9. Communism! by weird+mehgny · · Score: 2, Insightful

    A while back, the USA had a 'war' against communism. Today there apparently is one against software communism.

    /me relaxes in Europe

    1. Re:Communism! by dattaway · · Score: 3, Insightful

      So you mention communisim. We must first define it. What is it? A government sponsored economy? Such as protection bought by the RIAA and MPAA so we can have manufactured music by the "industry?"

      Free software is about as democratic as your going to get in society. Else you have a oppressive government and their owners deciding what rights the common citizen has.

    2. Re:Communism! by 3seas · · Score: 2

      I somehow preceive the association of communisim and GNU (FSF, GPL) to be comming from proprietary oriented people, such as Microsoft weenies.

      Creative Commons points to the sprectum between the extreams.

      The common wealth is neither communist or capitalistic, but simple value in which we all share and benefit from. There is no king of the hill game going on but rather a wealth spread thruout the land and secure because of it.

      Why anyone would want to distort this can only lead one to recognize a king of the hill game player. Or someone who raises themself up by putting others down.

    3. Re:Communism! by Anonymous Coward · · Score: 0

      Excuse me while I fail to see the relationship between "communism" and Free Software.

      A few days ago, I told a colleague that I had ad sites like doubleclick.net blocked by firewall on my machine and my whole net. This guy said that it was evil, because I was denying the sites' owners the little income that the ad providers would give them. When I said I was only developping open source software, he called ME a communist.

      Sorry, but the communist is not who it seems on first glance. This guy thinks that every work is worth money (hence he downloads all ads, so that sites owners get their nickels). Yeah, and I'm sure you don't go to the bathroom during the ad break either... How's that for free market ? Forcing the end user to pay for something he might not want to pay for ? I thought that in a free market, the end user decided wether to buy or not something. It doesn't look anywhere near the ad-funded website model that is so common nowadays, where the user pays bandwidth and CPU time for ads and popups before he even get to see the site. And the user doesn't have any control on this fee: only the announcers do.

      What if I don't want to see the ads and spend bandwidth (paid with my money) ? I don't watch ads on TV either, and I mute my radio during ads.
      Besides, if the website doesn't have anything to sell, What Would I Pay For ? If the website owner wants so badly to earn money, he's trying the wrong way. Ads don't make a living, and he's better off making a subscription based site, a commercial site, or getting a real job to cover the expense of what I see as a passion. Sorry folks, but don't expect to make a living by writing webpages. See http://www.penny-arcade.com/view.php3?date=2001-01 -05 that's Keynesianism.
      Forbidding any other model, that's communism.

    4. Re:Communism! by Anonymous Coward · · Score: 1, Interesting

      Excuse me while I fail to see the relationship between "communism" and Free Software.

      A few days ago, I told a colleague that I had ad sites like doubleclick.net blocked by firewall on my machine and my whole net. This guy said that it was evil, because I was denying the sites' owners the little income that the ad providers would give them. When I said I was only developping open source software, he called ME a communist.

      Sorry, but the communist is not who it seems on first glance. This guy thinks that every work is worth money (hence he downloads all ads, so that sites owners get their nickels). Yeah, and I'm sure you don't go to the bathroom during the ad break either... How's that for free market ? Forcing the end user to pay for something he might not want to pay for ? I thought that in a free market, the end user decided wether to buy or not something. It doesn't look anywhere near the ad-funded website model that is so common nowadays, where the user pays bandwidth and CPU time for ads and popups before he even get to see the site. And the user doesn't have any control on this fee: only the announcers do.

      What if I don't want to see the ads and spend bandwidth (paid with my money) ? I don't watch ads on TV either, and I mute my radio during ads.
      Besides, if the website doesn't have anything to sell, What Would I Pay For ? If the website owner wants so badly to earn money, he's trying the wrong way. Ads don't make a living, and he's better off making a subscription based site, a commercial site, or getting a real job to cover the expense of what I see as a passion. Sorry folks, but don't expect to make a living by writing webpages. If you do you're living in a dreamy world.

      About the Open source software: WTH is it communism ? It's simply offering better price and services for the same thing software editors sell.
      If they can't compete with this, according to the Demand/Offer trade law, they deserve to go out of business, they shouldn't try their best at making up laws to "protect" their business models against competing alternative models => that's Keynesianism.
      Forbidding any other model, that's communism.

  10. Hollywood needs to change their business model by galaga79 · · Score: 4, Informative

    Hollywood needs to learn that in order to survive it needs to change their business model so that it adapts to changes in technology, rather than change/control technology to suit aging business models. A perfect example of this is the following paragraph taken from the article in regards to VCRs.

    THE VCR SCARE. In 1982, Jack Valenti, president of the Motion Picture Association of America, famously proclaimed that the videocassette recorder was as threatening to the movies as the Boston Strangler was to a woman walking alone. Twenty years later, video rentals account for 46% of studio revenues, vs. the 24% collected at the box office.

    Sounds like history is repeating itself and the MPAA hasn't learnt anything from the past. The MPAA needs to stop being stubburn about changing their business model and start adopting new technologies rather than fighting them off. People like George Lucas have the right idea, as I hear he makes most of his profits off the merchandise.

    1. Re:Hollywood needs to change their business model by 56ker · · Score: 2

      Hollywood thinks they can buy senators and get laws changed so they can make more profits. George Lucas's films make a profit before they're released because of merchandising deals - the same was true of Harry Potter & The Lord of the The Rings (Part 1)

    2. Re:Hollywood needs to change their business model by MtViewGuy · · Score: 3, Insightful

      I think the MPAA think they're like the RIAA, but they forget that with the rapid rise of DVD console player and DVD-ROM drive sales many movies now have a major second revenue stream from home video sales.

      For example, take the first Harry Potter movie. It has made US$965 million worldwide, but look at how fast the movie has sold on DVD in the UK and the huge pre-orders for the movie here in the USA; that could add US$170 million or more to the total box office receipts for the movie. Indeed, many movies are making their money back just from home video sales.

      Besides, the problem with the RIAA is their stupidity in pricing CD's out of the reach of many consumers (US$18 per album-length disc) on a cartel-like basis. If they price is more reasonably (like US$10 per album length disc) the incentive to pirate the music drops dramatically, as anyone who understands basic microeconomics knows.

    3. Re:Hollywood needs to change their business model by Badanov · · Score: 1

      I agree that hardware being built not to run open source software is a bad thing, but I also believe that the internet has scared hollywood shitless and they would like nothing more than to control it for their own purposes. I think the digital rights management thing is a chimera/ghost to kill independant film producers from using the internet to distribute their films. Let's face it 90 percent+ of what Hollwood produces is crap so bad most people wouldn't want to keep a copy on their machines let alone watch it. This new law would make dead certain that this same crap and its hellspawn is the only thing we get to see. And much if not most of independant films being produced are of such quality they would blow Holywood's garbage away were they distributed with the same recklessness that Hollywood is famous for. The internet is a the death knell for the way Hollywood wants to do business and killing off the possibility that independant films can be released worldwide through the internet is entirely in their own, and only thei own interests I think how this will all play out is that Hollywood will get its way for hard wiring DRM chips, but it will open a new market for non-DRM hardware. We may see $300 mainboards which do not qualify for 'legal status' or which do not have DRM hardwired in it, but hey there is as much action on the downside as up. I say fight it and then laugh our collective asses off when Hollywood realizes the payoff from that ever-present law of unintended consequences. Hell it may even inject some sanity into their commie politics.

      --
      Dawn of the Dead
    4. Re:Hollywood needs to change their business model by Khalid · · Score: 2

      Hollywood is scared about the Internet revolution, this is just a deseperate move. What they don't realise is that you simply can't stop the sea with your hands.

    5. Re:Hollywood needs to change their business model by pentalive · · Score: 1

      NO NO NO

      User's need to stop STEALING content

      Don't copy that MP3, or they will make CD's
      un-rippable, spoiling it for all of us.

      Fair Use is being taken away from us due to all
      the UNFAIR use we make of the content.

    6. Re:Hollywood needs to change their business model by Citizen+of+Earth · · Score: 1

      pricing CD's out of the reach of many consumers (US$18 per album-length disc) on a cartel-like basis

      cartel- like ??

    7. Re:Hollywood needs to change their business model by Anonymous Coward · · Score: 0


      It is this "copying" technology that allows mass distribution in the first place and has allowed certain people to get exceedingly rich. Bill gates said his was the most "ripped off" company around and now he is worth billions. I would love to be "ripped off" too. I do not get too broken up when technology is not "just right" to maximize profits for a given enterprise.

      So now Hollywood will have to work a bit harder like sell advertising in the movie. Reeces Pieces ring a bell in ET? Or when General Zod and crew threw Superman in the Coke sign I thought it was cool. Not everyone will go through the trouble to get bootleg stuff either as long as they go afer the obvious ripoffs.

      Ofcourse there is still the theater. If Hollywood succeeds in their gestapo I will buy bootlegs just out of spite so they can plug that into the formula.

      But in the end it seems to me it is Hollywood's problem and it really does not give them any right to tell me what kind of equipment I should own. I agree it is unfortunate that people don't pay for content but it is not a reason to make Stalin proud. Who the hell do they think they are anyway?

  11. CPU level protection by mericet · · Score: 1

    Sometime soon, CPUs may enforce a Copy Protection compliant OS to run on them.
    It is possible - yes, it will be hackable, but forget about any opensource OS wide spread adoption when it happens.

    1. Re:CPU level protection by isorox · · Score: 3, Insightful

      Nows a good time to stock up on un drmed CPU's, motherboards, hdd's, ram, cdrw and the rest.

      Treated well, and unused until needed, each one should late about 7 or 8 years. Get 10 full computers now, a few thousand cdr's, store them well and they should last until the revolution - or at least your death.

    2. Re:CPU level protection by jwilcox154 · · Score: 0

      Actually, didn't Intel try to do this with their PIII processors which had the CPU-ID?

    3. Re:CPU level protection by mericet · · Score: 1

      No, it would have made it possible for the OS (or an application) to know where it ran. It would not prevent a 'rouge' application or OS (e.g. Linux) from running.

    4. Re:CPU level protection by BlowChunx · · Score: 1

      rouge == reddish color, or makeup applied to cheeks.

      You sir, meant 'rogue'...

    5. Re:CPU level protection by Anonymous Coward · · Score: 0

      I have news for you. There are many ways to identify who you are. And its not just in your computer's BIOS. Laptop batteries have serial numbers. For example:

      sh-2.05a$ cat /proc/acpi/battery/BAT1/info

      model number: XM2011P02
      serial number: 5000681833

      Also, everyone knows each NIC has a unique serial number known as the MAC address:

      sh-2.05a$ /sbin/ifconfig eth0

      eth0 Link encap:Ethernet HWaddr 00:00:39:02:40:9E

      Also, each hard drive has a unique serial number that can be extracted by a privaledged user with /sbin/hdparm -i /dev/hda, for example. The programs you run can also gather other juicy information, such as aftermarket parts you may have. Example would be /proc/pci

      Can you change these serial numbers? If they have flash chips, yes you can. There are engineering utilities provided from the chip manufacturers for design evaluation purposes. Nowdays you can often an open source version program available for mucking with your card's operation.

      So, if it becomes popular for userland programs to lift serial numbers from components, I suppose it will soon be popular to add kernel traps to alter the numbers to, say 00000000000 or something. The game of intrigue escalates for savy, but mediocre users who chose to use crippleware and spyware.

      Could CPU manufacturers create a CPU that only crippled OS's can run on them? Sure they can. And we can be sure to reprogram them too. How? CPU's these days have bits of microcode to complete the logic and serial numbers in them. I imagine they can encrypt the communications, but we all know about uncapping cablemodems and their "bulletproof" encryption that "just can't be done." Another example would be smart cards. If it came to CPU's, no copy protection would withstand the much greater attention often reserved for one's basic freedoms.

    6. Re:CPU level protection by hazyshadeofwinter · · Score: 1

      No, I think he meant Red Hat.

      Or Windows, which has a touch of red in its thingy-that's-supposed-to-look-like-a-window. I run Caldera, they use yellow, and it makes my computer FASTER!

      --
      Click here if you just like to click on shit.
  12. no where to go by Anonymous Coward · · Score: 0

    Great, and because of all us Bill Gates bashers, we can't really turn to him and beg him to "perswade"(sp) anyone on Capitol Hill. All he'll do is look down at us from his office 70 floors up and close the shades. Of course there's a slim chance to none that he'll actually care about what they do to open source, it's jsut more money for him.

    Anyone out there know any other VERY rich geeks that are willing to lend a couple billion bucks to the open source cause?

  13. my reaction to this by Anonymous Coward · · Score: 0

    ban commercial copywrites on movies - decommercialise movie production.

  14. Nothing to worry about in ten years. by 3seas · · Score: 2, Insightful

    As CMOS limits in 2012 makes clear, Bloat will have to be removed in ten years in order to continue increasing the power of computing...

    Perhaps Hollings thinks he can stop such a machine? Hmmmm.......T3????

    Yes MS fate is sealed!!!!!

    1. Re:Nothing to worry about in ten years. by Glytch · · Score: 3, Funny

      (If english is not your first language, I apologize for the following:)

      What in the high holy fuck are you trying to say?

    2. Re:Nothing to worry about in ten years. by 3seas · · Score: 2


      stood
      -----
      u

      what eye said funny boy,
      or uh maybe you didn't

      and probably also trust that the administration of the US government didn't know the so called terrorists would use planes as missles into buildings is a perfect excuse.
      And hey, it only cost 30 billion.....

  15. An interesting perspective coming from BusinessWee by dinotrac · · Score: 4, Interesting

    This article may be the best answer yet for why Linux and Free Software community members should care about adaptation by the community at large.
    Two things struck me:
    1. Linux has enough mind share and has been adapted by enough businesses to solve real business problems that a threat to Linux is a threat to many businesses, which is why a mag like BusinessWeek is interested.

    2. Did you notice the way they referred to Hollywood? Hollywood will this, Hollywood wants that. Sounds very much like a dark force and I think that's the effect it will have on readers, especially those who wonder what in hell Hollywood is doing in the middle of what ought to be governmental functions.

  16. Very Impressive. by Fat+Casper · · Score: 2
    It's so nice to see Business Week reporting on these abuses. We need a wider audience to know about this crap. Any of their readers here? It would feel even nicer to know that it's in their print edition. It'd be nicer it it were an editorial. In Money or Fortune. Too much of what we do is preaching to the choir.

    The article did a great job linking to other articles in the text, one of them explaining how region coding DVDs forces regular customers to become criminals in order to watch the movies they've bought. A pleasant breath of fresh air from a more mainstream niche media player.

    --
    I spent a year in Iraq looking for WMD and all I found was this lousy sig.
  17. Let us entertain you by Anonymous Coward · · Score: 0

    So easy to please - keep on keeping on.

  18. wank my dick with your ass senator by Anonymous Coward · · Score: 0

    They want to make Linux illegal? Well we can still build the biggest dosnet in the world.
    You want to say goodbye to Linux? Well fuck you and say goodbye to internet senator!!!

  19. It is serious people. by Anonymous Coward · · Score: 0

    Once again, and this is serious.

    1. Free/Open Source software WILL DIE if this get's through.

    2. It WILL spread to other parts of the world, especially Europe.

    3. Yes, with present hardware, you will still be able to use Free/Open Source software, hiding in your basement, but the harware copyright protection will become standard, so unless you will be making your own illegal hardware, you'll be stuck with outdated hardware. This will surely be enforced on motherboard/cpu manufacturers.

    If you really want to keep using/developing Free Software, tell other people about how much it will take away their freedom, spread the word.

  20. Re:An interesting perspective coming from Business by SmileyBen · · Score: 2

    I've never understood why these sorts of publications should not care about anti-Linux issues. Any *good* business publication will realise that their readers *do* want to know about things that save them money. If you had to pay for air, do you really imagine a savvy business paper wouldn't discuss a new possibility of getting air for free. Why should they believe in commoditisation of everything, rather than acknowledge that businesses with lower overheads get higher profits...?

  21. get him impeached.. by OklaKid · · Score: 0

    or fired, voted out of office, people like that should be restricted to flipping burgers at McDonalds...

  22. When will they learn... by the_true_cirrus · · Score: 2, Interesting

    Another reason why Hollywood and Co. need to look into changing their business model is that sooner or later any copy-protection gets cracked. It may not be legal, it may not be right, but let's face it - it always happens! And when it does that copy-protection system is instantly worthless. Apart from annoying open-source fans like us they are just wasting their own time and money developing these things! I wonder sometimes if it has ever occured to them to combat piracy by just charging less for DVDs, CDs Videos etc. We all know it's costing them coppers to make so it's hardly surprising that people get tempted by pirate copies. If a brand new DVD was, say, 5 quid instead of 25 I think more people would go for that rather than a pirate copy which may still be cheaper but probably has inferior quality and lacks extras and a fancy cover.

  23. The Gov't Once Again.... by Wister285 · · Score: 1

    I think that this article pretty well proves how stupid people in our government can be. They always seems to make these little interjections of "communal well-being" at such crucial points. And what happens in the post-bill world? The encryption will be cracked (DeCSS anyone?) AND one of the best things for computing will be severly hurt. Quite frankly, Linux would be hobbled in the process by such inept technology. People are always going to try to obtain certain things illegally, but why should the vast majority of Americans be punishedin the meantime? Maybe we should ENFORCE the laws that are currently on the books instead of making new ones that will just make matters worse.

    1. Re:The Gov't Once Again.... by WildBeast · · Score: 2

      Don't kid yourself. This actually proves that a bigger part of the population is stupid or misinformed or just plain evil and doesn't share our views at all.

  24. Another mainstream advocate on "our" side... by ctid · · Score: 3, Interesting
    I'd like to draw slashdotters' attention to the articles by John Naughton in the UK Sunday newspaper, The Observer. These articles are in the business section, but they seem to be online too. Today's article, which is on the same topic, is here.


    Naughton is also the author of A Brief History of the Future, which is an excellent read.

    --
    Reality is defined by the maddest person in the room
    1. Re:Another mainstream advocate on "our" side... by larien · · Score: 3, Interesting
      I particularly note the comment:
      the computer industry - whose $600 billion annual turnover dwarfs Hollywood's piddling $18bn
      Aside from Intel, I haven't heard any comments from other computer industry companies. Obviously, MS is going to be gung-ho about it as they'll quite happily sell us the legitimate OS with rights protection (didn't they also file a patent for it?), but this would affect the business model of IBM, HPaq, Sun and AMD (as well as the aforementioned Intel) and these companies should be finding their own "pet" senators to fight their cause in Congress (in the same way that Hollywood has bought out Hollins). Much as I hate to see the "good" side doing this, it seems to be the way that US government works (if it can be said to work....).

      Given a $600bn turnover (even without MS's contribution which must be considerable), the industry should be able to fight this if it becomes serious.

    2. Re:Another mainstream advocate on "our" side... by NumberSyx · · Score: 3, Insightful

      Aside from Intel, I haven't heard any comments from other computer industry companies.

      Besides Apple and possibly Gateway, I think we can expect the continued silence of the PC industry. The reality of this unfortunate situation is that the PC manufacturers have nothing to loose. They will make a ton of money selling Non-DRM systems to those in the know and then after the law comes into effect, they will make more money selling DRM systems to those people who don't understand. The OEM's do very little real R&D beyond testing components for compatibilty, it is the component makers who bear the responsibility and cost developing DRM components. By keeping thier mouths shut, they never have to explain to anyone why they sided with priates and terrorists.

      --

      "Our products just aren't engineered for security,"
      -Brian Valentine,VP in charge of MS Windows Development

    3. Re:Another mainstream advocate on "our" side... by Kirruth · · Score: 2

      He makes the good point that mandatory "digital rights management" built into hardware would be an end to general purpose computing. The machines we have, which can currently do anything and can be built however we please, would have legal restrictions placed on their design and operation. It would be an offence to own a machine that did not have these restrictions, which places computers in the same league as guns or fighter aircraft. All because business dollars for political campaigns talk louder than the interests of regular people.

      --
      "Well, put a stake in my heart and drag me into sunlight."
  25. Merchandise? by barzok · · Score: 2

    Yep, I can see all the little kids lining up at Toys R Us for their Hannibal Lecter action figures, complete with muzzle and fava beans.

  26. Not Surprising by Anonymous Coward · · Score: 2, Interesting
    It isn't suprising such a well written article appeared where and when it did. Note at the bottom of the page is:

    "Copyright 2002 , by The McGraw-Hill Companies Inc. All rights reserved"

    Following the available link to their main page... and a bit further, we arrive here . I seriously doubt there are any of us who haven't come accross a McGraw-Hill textbook at some point in time during our "career".

    I'm certainly not saying this isn't a good article... it is... one of the best I've read on the topic so far, but it is also interesting to note we are watching major industries trading body blows with the press as their gloves. Rest assured, if the industries didn't have anything to loose from such legislation, we sure wouldn't be reading articles like this.

    1. Re:Not Surprising by mahmud · · Score: 1

      How about BusinessWeek trying to sell more copies of the magazine by publishing interesting articles about important issues?

    2. Re:Not Surprising by Danse · · Score: 1

      They could do that anyway. They articles would just have a different slant to them.

      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
  27. So hollywood wants to control the world by Conspire · · Score: 2, Informative

    Attack of the Clones DVD came out the same day here in Asia as the movie hit the theaters in the US. Hollywood execs are idiots if they think that any move with US law will thwart piracy overseas. As long as there is a market, there will be ways around. IF they were actually to get this bill passed the following would happen:

    The first business to pop up will be graymarket chips that break the encryption. The algorythoms used for encryption will be either reverse engineered overseas, or will be walked right out the back door of some hollywood firm or hardware manufacturer by a disgrunted employee or director.
    The second thing is what is already happenening now, pirated flicks hit the streets overseas in DVD format well ahead of when the hit the stores in the US.

    It just sends chills down my spine thinking if these laws get passed, because they won't stop any piracy, they will just kill open source. And that is NON CONSTITUTIONAL. Please, write your senators and congressman and President Bush.

    --
    Real men don't need signitures!!!
  28. Re:Bill Gates Trunk Up Senators A$$ by Anonymous Coward · · Score: 0

    Hardball Politics by Bill Gates. Ethics Committee please Senator Butter His A$$ Hollings got paid off and is selling is vote to the highesst bidder. Bill Gates knows how a little diversion could help him right now so he throws some money at the Capital Whores and of course they byte. Politics yes but it also happens in other places. Americans although slow to take action because while they have to finish watching the Simpsons will get up and piss and moan to their Elected Whore who goes to Washington and remind them if they want to continue to hang out with the rest of the Whores they had better not vote for that piece of $hit legislat$ion. This usually straightens the little prostitute$ of Capital Hill and they vote down the piece of $hit legislation. Although the system is not perfect we do have checks and balances built in it to redress wrongs suffered by those who would have Bill Gates trunk up their A$$. Every Country has their Senator Holling$. Boris Yeltsen drunk as shit while he was President of Russia and Bill Clinton doing Monica in the Oval Office. If it can happen in America it can happen in your country too so you better be concerened about what happens in America. Now do what Homer Simpson does point finger at Senator Butter A$$ Hollings with Bill Gates long trunk up his A$$ and SHOUT HEHEHEHEHEHEHEHEHEHEHEHEHEHEHEHEHE!!!!!!!!!!!!!!!! HAHAHAHAHAHAHAHHAHHAHAHAHHAHAHAHA!!!!!!!!!!!!!!!!B ILL GATE$ $ENATOR HOLLING$ B$A MICRO$FT $UCK DDDIIICCCKKK$$$ EAT $$$IIITTT FFF$$$CCCKKKIIINNNGGG $$$$$$IIIIIICCCCCC!!!!!!

  29. B Week still does not get it. by twitter · · Score: 5, Insightful
    It's nice to see them try, but they just can't see past the $. Jane Black misses the point of free software entirely, and so fails to see many important things. While it's true that the Senator from Disney would outlaw all free software if he could, the social harm is not a lack of consumer choice in how to watch movies. Jane's write up confuses and trivializes the basic freedoms that are being threatened.

    The first clue that Black has none is her assertion that "consumer groups, plus makers of PCs and electronics gear" were the first to sound the alarm. That may have been her first notice, but others have been thinking about such things and publishing it for much longer, like this man, back in 1983. The whole free software movement is a reaction to OTHER PEOPLE REMOVING YOUR CONTROL OF YOUR COMPUTER AND MEANS OF PUBLICATION, the reasons for it and the evil things required to accomplish that goal.

    Jane then goes right back to things that must be nearer and dearer to her heart, Hollywood profits. She's swallowed the lie, hook and sinker, that this is about entertainment and a eighty billion dollar consumer electronics market.

    Though confused and rambling, Jane manages to be smug and insulting. Check this out:

    Embedding copyright-protection mechanisms into new PCs and other digital devices would mean inserting pieces of software code that are hidden, or locked down, and couldn't be altered. That would amount to nothing less than an assault on the open-source religion, which advocates sharing, collaboration, and free access to code.

    That's all I can stand folks, let me set this ninny straight.

    It's about freedom, stupid. I don't care if I can watch a movie on my computer. I don't care that a set top box runs propriatory software. What I do care about is some idiot telling me that I have to have a program installed on all of my computers that effectivly makes OTHER PEOPLE ROOT. THAT GIVES OTHER PEOPLE CONTROL OF MY COMPUTER AND MEANS OF PUBLICATION.

    Don't get confused. Telecomunications companies, entertianment companies and your federal government are afraid of freedom. That's why someone else controls the wires that go into your house. It's why a 69 channel TV tunner will only pick up 4 or five stations owned by three or four companies. Hollings stuff, however, has the potential to control ALL forms of publication and must be stopped.

    A supposed friend that trivializes your issue and get's it all screwed up is not a good advocate. Thanks for looking into it Jane, but keep digging. There's truth at the end of your quest, but you will have to stay away from entertainment pimps, their attorneys and other people only interested in extracting money from you.

    --

    Friends don't help friends install M$ junk.

    1. Re:B Week still does not get it. by YetAnotherDave · · Score: 1

      um, it's _Business Week_
      The magazine is aimed at people who's primary focus is the bottom line, so of course that's the article's slant.

      It's better to present it this way to business than to say 'this is bad for my freedom' cuz (as we know all too well) most businesses care a LOT more about their bottom line than your freedom.

    2. Re:B Week still does not get it. by jesterzog · · Score: 2

      Wow. Have you considered writing a letter to Business Week stating all of this?

  30. Re:An interesting perspective coming from Business by JordanH · · Score: 2
    • I've never understood why these sorts of publications should not care about anti-Linux issues. Any *good* business publication will realise that their readers *do* want to know about things that save them money. If you had to pay for air, do you really imagine a savvy business paper wouldn't discuss a new possibility of getting air for free. ...

    Because those who would be providing the air for free wouldn't advertise in business magazines as much as those those who distribute air for cash.

  31. A Possible Solution by R.+Paul+McCarty · · Score: 1

    It seems like the whole problem is the recording industry is based on a model in which the average consumer does not have the means to reproduce music with good fidelity. Since that has changed with the convergence of CDs and PCs, the obvious solution is to introduce a new format that is incompatible with existing cd-rom and cd hardware.

    If I were in the recording industry, I would work with the electronics industry to create a new recorded music standard and by patenting the technology, they could block any third party from building hardware that could allow ripping of the music to a computer.

    Since there is no compeling reason for people to move to a new recorded music format, they could introduce the new disks and price them 3 dollars less as an incentive to move to the new format. And sell all new players with backward compatibility for the old disks. They could also allow trade-ins of old cds for the new format.

    I'm not sure anyone would swallow this, but it seems like their second option if they can't get widespread adoption of a DRM system.

    --
    "I'm nobody suspicious... That makes me sound even more suspicious, doesn't it?" - Spike (Cowboy Bebop)
    1. Re:A Possible Solution by eet23 · · Score: 1

      Connect speaker out cable on new player to mike in cable on computer.
      Problem solved. The fidelity might not be perfect, but it would be good enough.

    2. Re:A Possible Solution by spitzak · · Score: 2
      No, it would be illegal to manufacuter a recording device for this new format.

      This is the only possible scheme that would work.

      It would do nothing to stop for-money pirates however, as they could likely get access to or steal an "offical" recording machine.

      It would put all independent artists out of business, a point that I'm sure the RIAA is considering, though they won't talk about it.

  32. If this comes to pass by Anonymous Coward · · Score: 0

    how about organising a huge million geek march on Washington D.C? That'd be a blast. Placards of Bill Gates as the Borg saying "resistance is futile, you will use Internet Explorer", Penguins everywhere, and generalisimo Linus leading the troops. hhehehe

    1. Re:If this comes to pass by ElusiveSpoon · · Score: 0

      I think this is actually a great idea. If we could get a large representation of the tech industry to march on D.C., threatening to strike, it should scare the government with thoughts of a possible economic downturn when the tech industry no longer has enough of a workforce to support the rest of the nation's industries if this bill should pass. Heck, maybe some politicians would actually listen to our arguments and do the right thing for the right reasons.

  33. A christmas carol by Ilan+Volow · · Score: 2

    Deck the walls with bowels of Hollings
    Fa la la la la la la la la
    Engage in DMCA maulings
    Fa la la la la la la la la
    Go to EFF fundraiser
    Fa la la la la la la la la
    Zap Valenti with a taser
    Fa la la la la la la la la

    --
    Ergonomica Auctorita Illico!
    1. Re:A christmas carol by Anonymous Coward · · Score: 0

      shouldn't you have filed this at a more appropriate time, dude? it's May ferchrissakes!

  34. Let 'Em Have the VCRs and DVD Players by Mansing · · Score: 2
    Who cares? Certainly not the general public. As long as they can get their "Hollywood" fix, they're happy. And besides, the average user wouldn't even know DVDs are already regionalized and encrypted. They just don't care.


    Now, on the other hand, screw with my computer? Force me to buy hardware that has been "Hollywood" approved? Sun, IBM, HPQ, and Intel will *all* buy into the "Hollywood" approved hardware? I don't think so. These companies serve a much larger market than just the end-user consumer. That will start the revolution.


    P.S. - To Jack and Hilary: When you get your "Hollywood" hardware, your protected DVDs, and your protected CDs, watch what happens to your market share. The public is not going to buy new hardware to play your "anti-pirate" movies and music. Basic economics: the cost of entry will be too high.

  35. note... by kevin+lyda · · Score: 5, Insightful

    before the libertarians mouth off, please not that this is private industry pushing hollings for this law. bad gov't typically gets bought by "free enterprise" when people don't pay any fucking attention to their gov't.

    too many people in america complain that their gov't doesn't work right, maybe they should get off their ass and vote a better one in.

    ah, rant done, feel better.

    hey, go visit fairvote.org

    --
    US Citizen living abroad? Register to vote!
    1. Re:note... by nels_tomlinson · · Score: 2
      >before the libertarians mouth off, please not that this is private industry pushing hollings for this law.

      Folks who are confused about what liberty is about often are confused by libertarianism, and the dogmatic Rand-ites don't seem to have helped. Go to your local library, and check out and read The Law, by Frederic Bastiat. The book is around 200 years old, and still as current as the day it was written.

      Bastiat points out that this business of private interests misusing government power plunder others is nothing new. This is a big part of the reason that libertarians detest powerful government: it's not just the Hitlers and Maos who misuse government power, it's also the welfare junkies and the MPAAs and Ma Bell and the big tobacco companies and other recipients of corporate welfare and on and on and on...

    2. Re:note... by bafu · · Score: 3, Insightful

      before the libertarians mouth off, please not that this is private industry pushing hollings for this law.

      While I am less inclined than yourself to speak for all libertarians, I am intrigued by how close you come to the nub of the issue without actually getting it. I don't assume that private industry is good and gov't is bad... after all, they both have humans in them (and we know how they can be ;-) ). The reason I prefer private solutions in general is that private entities have a much harder time coercing people than gov't ones do. They undoubtably want to coerce just as much as the humans in gov't do, they just have a much harder time. Your next statement illustrates that... what they are proposing to force on others could never be accomplished without the apparatus of gov't coercion.

      bad gov't typically gets bought by "free enterprise" when people don't pay any fucking attention to their gov't.

      I don't think there is "bad gov't" insofar as that would seem to imply the existence of a good one somewhere, and there's been no evidence of that. The problem here is the ability to coerce that's built into gov't. We allow the gov't to force people into doing things even though we would never allow any private individuals that same ability. Now I'm not debating in this post whether that is a good thing or not, I'm just pointing out that it is a fact. And, whenever we give the gov't new powers, we also increase the scope and strength of that ability to coerce. That's why I have a problem with immediately assuming there has to be a "gov't solution" to every problem that comes up. It's not that I think private entites are saints, it's just that the private devils are inherently weaker than gov't ones.

      maybe they should get off their ass and vote a better one in.

      ...after all, the fact that it has never solved anything before doesn't mean it won't this time. Anyway, voting isn't our only option. We can also try to get interested folks to pay "fucking attention" to attempts at gov't coercion that are beyond even your ability to rationalize away. That what the BusinessWeek article, and this thread, are all about. Your attacks against your imagined views of libertarians are just a distraction from that goal.

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

      The failure of voting is that it only works when 50% of the voters agree with you. That is why we had a Constitution. So that 51% wouldn't take from the 49%. It is unfortunate that the 51% now ignores the Constitution to do as it pleases.
      That makes your only option moving, www.freestateproject.com-
      or revolution.

    4. Re:note... by MillionthMonkey · · Score: 2

      Your next statement illustrates that... what they are proposing to force on others could never be accomplished without the apparatus of gov't coercion.

      Government coercion is a sufficient but not a necessary requirement. Cabals and monopolies can exert coercive force on a market with no help from the government at all. Just look at the licensing shenanigans that Microsoft uses on OEMs.

      Even if the CBDTPA or some variant never gets passed, we can still be screwed. You are unlikely to find anyone manufacturing non-crippled hardware if MS stipulates that Windows may only be licensed to run on systems with DRM ciruitry.

    5. Re:note... by bafu · · Score: 1

      Government coercion is a sufficient but not a necessary requirement. Cabals and monopolies can exert coercive force on a market with no help from the government at all. Just look at the licensing shenanigans that Microsoft uses on OEMs.

      From my perspective, however, I would look at that example as excellent proof of my point concerning the relative abilities to coerce. The projections people are making about the CBDTPA involve an inescapable application of DRM circuitry. They say it would be directly enforced by the US gov't here and, soon, by the EU in Europe. They claim, and point to historical examples to support their claim, that it would next be forced down the throats of other gov'ts by the US (and EU?).

      That's a far cry from the tepid coercion that you describe. For example, I was a happy computer user for over ten years before I ever touched an MS product in the late 90's. That wasn't because I hated MS... I never thought much about MS at all. The other platforms I already used took care of all my computing needs so it was never an issue. The only reason I eventually set up a windows machine was that I had helped found an ISP and I wanted to have a machine around so I could walk customers through support problems. We also set up a Mac for the same reason. They weren't even powered on most of the time since all the real work was done on Debian Linux boxes, except for one SunOS desktop. For all the supposed coercive power of MS licensing, about the only thing I use a Windows machine for even today is playing games. I actually got rid of the Windows partition on my dual-boot at home since it became obvious that my wife was never going to boot out of Linux anyway.

      Now, am I saying that MS doesn't want to coerce others or that they haven't tried to coerce others? Certainly not. I'm just saying that this kind of pathetic coercion is, apparently, easily avoided by anyone who actually wants to avoid it. Much easier than say, getting phone service that doesn't have FBI wiretapping built in at the CO. Or [legally] having a different first-class mail provider than the USPS. It's even a hell of a lot easier than avoiding having your children subjected to the latest education fad.

      Even if the CBDTPA or some variant never gets passed, we can still be screwed. You are unlikely to find anyone manufacturing non-crippled hardware if MS stipulates that Windows may only be licensed to run on systems with DRM ciruitry.

      That's certainly a possibility since people can voluntarily screw themselves, but a comparatively remote one for anything but new tech like, say, DVD drives. First, there would have to be a lot in it for MS for them to even try such a thing... they've been getting too many PR black eyes of late to do little Hollywood any expensive favors. Hell, even if MS agreed to it and succeeded, all it would take for it to collapse would be for a mobo/CPU/whatever manufacturer to see a source of profit that doesn't depend on MS. That gets more common all the time... and that's not even counting sales in countries that aren't sticklers for legal installations of MS software. MS couldn't do anything about that without the help of the US gov't either.

      Let's face it, if it was so easy to coerce without gov't, would all all those corporations be so eager to line up and fill the pockets of our august statesmen? A powerful gov't is a gov't that has a lot of power to rent out. And humans seem to be wired in such a way that there has never been a shortage of rentors...

      In the end, you can come up with all kinds of scenarios that don't involve gov't which might be possible, but the fact is that it is only through the use of gov't that it is ever likely to happen. That's all I am saying, and I don't think that's really a radical point to make.

    6. Re:note... by Cryptnotic · · Score: 2

      too many people in america complain that their gov't doesn't work right, maybe they should get off their ass and vote a better one in.


      The influence affects not only what the politicians do, but who the politicians are. We still vote, but the system decides who the candidates are.


      Cryptnotic

      --
      My other first post is car post.
  36. Senator Ernest F. Hollings Statistics by Wells2k · · Score: 1

    Well, this looks like a hair brained scheme by a senator that has been in office for so long that he has no idea about what is going on in the real world. Some statistics:

    Party: Democrat
    Year of Birth: 1922 (That makes him 80 years old)
    First time in office: 1966
    Political career started: 1949

    He also graduated from The Citadel, which has it's own problems.

  37. Throwing the baby out with the bathwater by Genom · · Score: 1, Redundant

    All the MPAA's crusade against "piracy" is doing is crippling legitimate users of their "product". They're not stopping piracy at all (search on any popular filesharing service for "dvdrip"). But they do prevent there being a legitimate player for linux (LinDVD hasn't been released, has it?) such that someone who has *already* paid for an "approved" DVD drive (and thus paid the DVD-CCA tax on that) as well as (most probably) a bundled "approved" player app (without which the drive is basically useless for playing DVDs) has no choice in what OS they run, unless they want to become a "criminal".

    Think of Joe. Joe is a linux user, and a movie fan. He sees a movie about every two weeks, and enjoys himself. He buys DVDs of the movies he likes. He's the model customer of the MPAA. Until he wants to play his DVDs, that is. See, Joe doesn't have a dedicated DVD player - he instead has a DVD drive for his computer, as it will also allow him to use DVD-ROM discs that hold a lot more data than normal CDs. He has a nice big monitor, and a surround sound system. Joe paid a bundle for this hardware. The MPAA says that since Joe doesn't run Windows, he shouldn't be able to play a DVD, regardless of the fact that he's already paid the DVD-CCA for an approved player. For Joe to use DVD player software capable of playing his legitimately purchased DVDs on his legitimately purchased hardware, on a legitimate free OS, he must use an illegal piece of software. Why? Because the MPAA says that Joe is a pirate. And pirates are bad, evil people that loot and pillage. THe MPAA says that Joe (who really only wants to watch his copy of "The Matrix") will willfully copy and distribute his legitimately purchased DVDs, simply because he isn't using a "blessed" OS.

    The real "pirates", however, don't care whether they use "illegal" software to get their dvd-rips -- they already know that what they are doing is illegal, so who cares what they use?

    Joe, however, is trying to be a "good" person -- he buys his stuff legitimately. He doesn't make copies (except for personal backup purposes as dictated by "fair use") - he encourages his friends to see movies he liked, and to buy DVDs of the movies they enjoyed.

    What has Joe done wrong? Nothing - unless he wants to watch his DVDs. Then the MPAA would brand him a criminal - even though he's pretty much their ideal customer.

  38. Enable easy activism! by itsjpr · · Score: 1

    Someone needs to set up a fax-your-congressmen site for this issue like the following one designed to help save Internet radio.

    http://broadcastpromotions.net/carp/

    It's the new era of web activism!

  39. related articles by sketchkid · · Score: 1

    i had found the section containing this article and other related Linux ones yesterday. i think it's really interesting to see a businessweek view of linux.

    --


    ------
    [insert funny .sig here]
  40. Hollings' Vote on E-bay by looseBits · · Score: 1

    If you search E-bay for 'democracy', you will see votes on sell from Senator Hollings. Get 'em while they're hot!

    --
    Lord, bless my users that they may stop being such fucking idiots!!
  41. Do They? by wirefarm · · Score: 4, Insightful

    Hollywood is doing just fine the way they are.

    The thing is, Valenti's rantings aside, they have a killer business model - no matter how nazi-ish their percieved business practices are, people still flock to the theatre to see whatever crap they decide to spoon down our throats.

    (think Matrix, LOTR, Crouching Tiger et alia, Star Wars, and so on...)

    I mean, COME ON!?!? This is perhaps the one place on earth where people actually are aware of what is happening with this industry and yet every other story lately seems to be about how we should all flock to the next MPAA/Time-Warner-AOL-Disney-CocaCola/Scientology/R IAA/DVD-Association-endorsed reel of advertisement-laden "entertainment".

    If you don't support what they are doing, Don't Go:
    Don't go to the theater. Don't rent the DVD. Don't buy the Harry Potter Happy Meal. Don't buy the T-Shirt...

    If you can't do that much, then you are showing that this tiny minority has absolutely no hope of making the slightest impact on how Hollywood operates.

    Why don't we all just officially give up on this topic?

    We're the only ones who claim to care and we don't seem to care enough to change our habits.

    Whatever...
    Jim in Tokyo

    --
    -- My Weblog.
    1. Re:Do They? by Khalid · · Score: 2

      Don't forget that most of the time, only a vocal minority make things change. This has shown itself true many times in the history.

  42. The question is by WildBeast · · Score: 2

    If this law passes, could I migrate to Europe as a political refugee?

  43. Re:An interesting perspective coming from Business by idiotnot · · Score: 1

    Hollywood will this, Hollywood wants that. Sounds very much like a dark force and I think that's the effect it will have on readers, especially those who wonder what in hell Hollywood is doing in the middle of what ought to be governmental functions.

    Time to dig up 'ol Tailgunner Joe to deal with these Hollywood types.

    But seriously, we're all in a tizzy right now about the bill's implecations. Yes, they're bad. Still, I don't think so long as the Democrats control the Senate (at least through January unless a Democrat Senator in a state with a GOP Governor assumes room temperature in the meantime), that this'll ever get to the floor.

    Still, my two senators, a few of my local reps (I live in Va....drop Boucher's name in the letter "Dear Rep. So-and-so...talk to Rep. Boucher about this bill...it's worse than kiddy pr0n.") have gotten calls and e-mails, and will get letters soon as I get a printer (damn $50 printers don't last too long).

  44. Re:486s Pentiums Old Sparcs Alpha and Mips On Ebay by Anonymous Coward · · Score: 0

    The Industry is shooting itself in the foot. No one is going to buy the new shit when they can go to ebay and get the old shit. By the way I can see Radio Shack and Circuits Are Us making a killing as people learn how to to their own breadboard and make their own hardwarwe like they did in the good old days. Remember in the 70's you got the parts and assembled it yourself. Open Source Hardware Yes! we want our hardware to be free from copy protection. So start posting some good sites were geeks can learn how to build their system from scratch down to making there own pci cards or dvd players with off the shelf parts. I can see America losing its best and brightest as they leave America to take their talent elsewhere. You have a choice if they pass this crap! Give Uncle Sam the finger and tell him he can keep it but your not staying. I can see the Technology Companys moving their operations to Europe, China, India and Russia plenty of great programmers their too. America does not own the world even if it thinks so and if it continues its arrogant ways other countrys are going to go about their business and tell America to go to hell. America can go to hell if it thinks that programmers are going to stay while they oppress them and pass laws that jail them just because they use Linux and GNU. Do Not Laugh imagine Linus Torvalds and Richard Stallman sent to prison because they broke the law using Linux and GNU Software. Could be you too! So you better care or you better start looking for another Country if you are living in America and this crap becomes law. By the way no programmer who is smart is ever going to step foot in America if these laws pass. Alan Cox is smart, very smart! Thanks Alan I think the rest of the world is finally getting it! http://www.linux.org.uk/diary to be enlightened!

  45. It's not about 'piracy'... by Anonymous Coward · · Score: 0
    it's about control. With DRM, not only can they stop you from copying things they don't want you to copy, they can concievably charge you per view, charge you more if you bring the stuff to a friend's house, stop you from recording something broadcast to your T.V. set unless you pay a fee, only permit you to watch recordings once as per fair use (hey, they only broadcast it once, so you can only watch it once).

    People keep missing this fundamental point because it's buried under all the rhetoric about Asian pirates and multi-billion dollar 'piracy losses', but they stand to gain far more from having granular control over everything you do than they do from 'stopping piracy', because there are so many potential revenue sources they can create by setting arbitrary restrictions on things we were always able to do.

    Example: a subsidiary of Sony creates a copy-prevention scheme for European music discs. (Incidentally, this scheme crashes Macs, but who notices?) The whole point of this scheme is to prevent copying music using a computer. Then, they create software that will permit you to potentially stream or download the music off of the website of the record label that makes that CD. They probably haven't stopped piracy, because we all know you can just feed the shit into your computer over a digital cable, analog cables, or holding it up to the mic, but that's not important. They have now created value by turning the disc you plunked down $17 for into an advertisement you must view if you want to play the music on your computer.

    Again, they're not trying to control the copy; they're trying to control you.

  46. bottom line for them too by twitter · · Score: 2
    It's better to present it this way to business than to say 'this is bad for my freedom' cuz (as we know all too well) most businesses care a LOT more about their bottom line than your freedom.

    They do, howerver, care about their own freedom. I know at least one business man who is not very happy about what computer records the federal government can demand since septemeber 11th. When it comes down to competitive advantage and secrecy, businesses clammer for their own freedom to use encryption. Do you know anyone who trusts secrets to a M$ OS? Business will work to at least make exceptions to this goofey law for their "business systems" opposed to "consumer devices" It will be in everyone's best interest to show that will not work.

    --

    Friends don't help friends install M$ junk.

  47. fuck off by Anonymous Coward · · Score: 0

    and go to hell.

  48. Tech laws suck, but... by dh003i · · Score: 2

    All these new technology laws out there (except anti-SPAM laws) suck, but do they really have any statistical impact?

    The rulings against Napster hasn't put a dent in file-sharing. No legal actions ever will, especially now with completely decentralized services, like LimeWire, which are open-sourced and who's development can never be stopped, due to it being open-sourced.

    The ruling against DeCSS hasn't put a dent in its distribution or use.

    Quite frankly, courts or government's don't have the power to regulate the internet. For one thing, there's jurisdiction issues: simply distribute from Russia, for example. For another, they can't necessarily hold anyone accountable for developing such (say Open-DVD players or file-sharing) software, because people can collaborate and contribute anonymously, from public computers, using a "handle".

    Of course, this is a threat to open (that is, non-anonymous) development of OSS of FS, but big deal. If developers are really that eager for recognition, they can move to a country with no prohibitions on the software and openly develop there.

    This doesn't mean we shouldn't fight against these laws. In fact, its a good reason to advocate not passing these laws: because they just don't work.

  49. I guess this guy hasn't heard of: by Oriumpor · · Score: 1

    TIVO!... how the hell are they going to stop people from using linux anyways?... it's not like they can just delete every copy of the source that someone has burned onto a CD.... and it's not like people are going to just uninstall it from their running servers... if this legislation gets passed I wonder how many hundreds of thousands of linux geeks will export themselves, or just ignore the legislation and continue doing what they've been doing all along.

  50. Here's your solution hollywood. by Restil · · Score: 2

    You've lost the DVD. No matter what you do, the pirates got you on that one. It won't be until the next major technology update that you get to enforce anything. So here's my plan for you. Forget trying to control the entire tech industry.
    Since people might copy those files they download
    online, don't make anything available online. Yes, that could be a viable market in the future, but since you're so worried about piracy, simply don't use it.

    Don't allow any manufacturers to create a drive that can read your next incarnation of the DVD. Yes, a lot of people have computers, and a lot of people will want to use those computers, and their lack of ability to watch movies on that medium might result in fewer sales for you, but that's a risk you have to take.

    You have no right to control an entire industry just because you're concerned that your outdated business strategy might fail as a result. And be careful. You're stepping on a lot of toes here. You might end up alienating a significant percentage of your market, far in excess of the perceived damage that piracy might cause. I for one have almost completely stopped watching movies. It used to be I'd go to the theatre at least once a week, and I'd rent movies several times a week, I had cable, I bought tapes. Not anymore. I canceled cable, I never watch TV at all anymore. I saw episode 2 last thursday. I will probably not see another movie until december. I've chosen a new form of entertainment and it doesn't involve you in any way. Mostly I do this because I want to avoid addicting myself to a medium that someday might be restricted for me. That way, when you finally let the hammer drop, it won't make a bit of difference to me.

    But getting inside my computer WILL make a difference to me, especially if I don't ever watch your crappy movies. There are a whole lot of people that will accept substandard, inconvienent, expensive ways to watch their movies, in the name of preventing piracy. But once you reach into someone's computing experience outside of movies, you're going to piss people off. And you will not benefit from it.

    -Restil

    --
    Play with my webcams and lights here
  51. Re:Richard Nixon Watergate Lies Payoffs USA $$$ by Anonymous Coward · · Score: 0

    Today America was sold to Microsoft and Disney. Bill Gates said this is best for America and America is now safe and secure from Virus GNU Linux. Eisner said we both agree that by taking consumer choice away we are protecting America fron the big bad world. Americas new name is MicrosoftDisney and we welcome the world to have a look at the Black Magic Kingdom. America bought and paid for by corporate weenies selling their own people out. Richard Stallman is believed to be in an undisclosed location happily hacking away at his GNULinux box. Instead of being assimilated into the MicrosoftDisney Network Millions of Americans have joined the resistance and are now underground hacking away at their GNU Linux Boxes. Linux Users Groups the World Over Pledged to help the resistance in there struggle against MicrosoftDisney. The United Nations has called the security council to a speacial meeting to urge sanctions against MicrosoftDisney also known as America"

  52. How to make it cheap and universal :( by Reziac · · Score: 2

    That is a very good point -- the public is not going to put up with (at least not for long) being told that they have to buy all new hardware every couple years, since it will all have to be replaced every time DRM gets sufficiently cracked.

    A solution to that upgrade treadmill is if DRM winds up being handled by a little settop box, call it a DRM Decoder. ALL your consumer electronics (including your computer) would perforce plug into it, and you buy an updated chip (or download a patch similar to a BIOS update) every couple years as the DRM is updated to catch up with last year's hacks. This would make the economics palatable to average folk, especially if it's primarily wireless so they don't have a mess of cables all over the house. (Gad, imagine the potential for 3rd-party snooping!)

    If I can think of this solution, I'm sure the DRM advocates can as well. This Is Bad. :(

    Personally, I'll do without DRM-crippled media, thank you very much.

    --
    ~REZ~ #43301. Who'd fake being me anyway?
    1. Re:How to make it cheap and universal :( by Mansing · · Score: 2
      Not a bad idea, but .... it would still necessitate purchasing a new DVD, CD and/or VCR player. Maybe the public will only purchase it once, but the problem still remains. How will Jack & Hill get the person who just spent $1,500 US at Radio Wreck getting that surround sound system to purchase again?


      Point is: they won't. The people who have non-crippled CDs and DVDs will keep them, and not purchase anything new. It still amazes me that the studios and record companies haven't hought this through.

    2. Re:How to make it cheap and universal :( by Danse · · Score: 2

      They won't purchase anything new for now. But if Hollywood plays it right, they'll phase in New and Improved DVD discs in the next few years. They'll require a new player, but hey, they're New and Improved!! Then, as they gradually stop releasing new movies on regular DVD, and you can only buy them in the new format, then people will begin to upgrade. It'll be another transition, just like the VHS to DVD one. If they're really clever, they'll make sure the new players will still play the old discs. This will make the upgrade easier to swallow for most people.

      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    3. Re:How to make it cheap and universal :( by Reziac · · Score: 2

      [Replying here to both the insightful folk who responded]

      Yep, those are pretty much the scenarios I envision. First tempting features to get 'em to cough up the $1500 or so for a new system (with at least some backward compatibility), then gradually phasing out materials that will play on older systems. That's exactly how it's been done in the computer hardware/software market (most notably with upgrade-treadmill apps like M$Office); no real reason it wouldn't work in the consumer electronics market.

      It's scary how easily consumers are lead by their desire for entertainment, and how that would fit right into the most draconian and far-reaching DRM plans. :(

      --
      ~REZ~ #43301. Who'd fake being me anyway?
  53. Does this mean complete device replacement ? by Anonymous Coward · · Score: 0

    Okay, I've been reading this article and the posts and one thing strikes me - does this mean that I will have to replace ALL devices that fall into the "illegal" category ?!?!

    What I read here suggests that it might be that my old CD and DVD players will not play new encrypted CD's / DVD's, my old TV will not show encrypted transmissions !

    Is this a way of creating a new under class ? Only those people who can afford to replace an entire housefull of media equipment will be able to join in the new elite ?!?!

    I for one could not afford to replace 2 PC's, CD player, DVD player, 2 TV's, Hi-Fi etc. which have all been built up over the years (some of my Hi-Fi is ten years old !).

  54. BusinessWeek on Open Source and Copy Protection by Anonymous Coward · · Score: 0

    How may of us would go to WalMart if, in the name of preventing shoplifting, we were subjected to cavitity searches everytime we exited the store?

    On another note, everyoneknows someone with a room full of VCR tapes. We still go to BlockBuster!!

    Regards,

  55. Re:Excuse me but (this is totally off subject) by SignalFreq · · Score: 1


    Why not? Saddam Hussein already kills millions of his own children by saying "NO!" to US grain imports that are due under the oil-for-food programme. Saddam has $10billion of grain ready and waiting for shipping under this scheme but he's saying, "NO! Don't give me the grain, let my children starve so the US will lift Iraqi sanctions, making America look weak so that binLaden will gain supporters and attack the US again."

    Therefore in order that binLaden doesn't attack the US again, America must look strong, and maintain Iraqi sanctions at all costs, killing Iraqi children.


    This is not even a credible argument. What does any of that have to do with the right to kill thousands? Are you implying that the US is killing Iraqi children, and is therefore hypocritical (i.e. killing our own citizens is bad, killing Iraq's citizens is fine)?

    The blame for Iraqi's starving children lies solely on Saddam Hussein's pride. If he cared for his people, he would stop constructing his billion dollar palaces and spend the country's money on health care and food. There are few restrictions on importing basic humanitarian items like food or medicine, and a lot ($21 billion) has been delivered. For a better report on the import/export restrictions, check here.

    People die, dude it's just the way the world works, that's why elections are such a big deal.

    People also commit adultery, rape children, and murder innocents. Just because it HAPPENS does not mean we have the right to do it.

  56. Thats exactly the issue. by Irvu · · Score: 2

    They realize that the revenue stream for movies is there. They also realize that those DVD's aren't just being bought for the TV-Connected DVD players. They're being bought for the Imacs and the laptop DVD's and for people like me who don't see the point in purchasing two DVD systems. They also know about the high number of people using KaZaa over broadband connections.

    Hollywood knows about the revenue stream. They also know that digital data can be copied and stread (faster than tapes) and they are taking steps to assert their control.

    History is repeating itself but Hollywood's one step ahead this time. They couldn't kill the VCR. Now they squeeze it for every cent that they can while installing copy protection. New VCR's made for the U.S. market all include copy protection built in that messes with the signal from other VCR's or DVD's that are connected to them. Thus necessitating that you patch the VCR through the DVD and into your TV.

    Hollywood figures that they got lucky when it came to VCR's but whyt risk it? Jack really needs that 347th ferrari. And let's not forget the "implicit contract" that we all signed to do whatever the greedy bastards tell us to.

  57. Re:An interesting perspective coming from Business by dinotrac · · Score: 2
    > Still, I don't think so long as the Democrats control the Senate

    This is one issue that doesn't seem to fall into the normal party stereotypes. It seems that Democrats are actually the ones driving these bills.

    Who'd a thunk it?

  58. Missing the point entirely by vanyel · · Score: 2

    If we really want to win the battle, we've got to provide a solution that works for everyone: it's got to prevent napsterization (which for all the rationalizations, is clearly wrong if the artist doesn't want it copied), while still allowing people to listen/watch what they've paid for when and how they want. And there's only one way to prevent napsterization: a hardware decrypter in the video/sound card. This does not prevent an open source driver --- rather it requires encrypting content to the set of devices you own, which is primarily a key management problem. Maybe you have to register DVDs/CDs to obtain the media keys encrypted to your hardware (which wouldn't require personal information, only the public keys of your devices). This would have the side effect of letting them say "people who like x also like y", for what that's worth. We need better connectivity before this will fly, of course, and the end result needs to be simple enough for grandma to use, but it's an example of solving the problem in a way that satisfies everyone except those whose primary motive really is ripping off content or those who simply *must* say "NO! You can only watch this from 8-9 Tuesday night!". Does anyone else have another solution?

    1. Re:Missing the point entirely by ryanmnly · · Score: 1

      i dont care what hollywood and those politicians have to say. i am upset that there is going to be a strong uphill battle for us and maybe prolonged for a while (at least the lifespan of that bastard Eisner). THEY WILL NEVER BEAT US. time and time again they attack, and we become stronger. history has shown that as the gap increases between the wealthy and the poor, the poor have always become stronger, and eventually led a revolution. its our revolution now: a digital one at that. we're in the midst of it and its exciting.

    2. Re:Missing the point entirely by Anonymous Coward · · Score: 0

      Why anybody (technology and consumers) should suffer guarding Hollywood interests ? If Hollywood can do it - let's them do it but why public should be forced to limit a technololgy use, restrict innovation and prove the right of fair use ? Why Hollywood has a preferred position to US people ?

    3. Re:Missing the point entirely by spitzak · · Score: 2
      Whether this is a nasty thing or not, Hollywood has got to learn that this is the only scheme that will work.

      If they have any qualms about putting out enough information to write an open-source driver for their card, then they will be cracked. Any "secret" in the driver or OS means you are relying on security through obscurity will fail.

      In case you don't understand how this works, imagine that the driver interface is like the interface between your remote control and the cable box. Completely disassembling the remote control and reverse engineering it would not let you get any more stations than you already do. And they have no qualms about copying the signals to those reprogrammable remote controls.

      So in some ways this is not too bad: Either Linux will be supported, or the system will be cracked. However I don't expect them to be as smart as this and Linux will be outlawed and nothing will be done to stop piracy.

  59. Send this off to you Senator or Rep by Anonymous Coward · · Score: 1

    Send this to your Senator or Representative (Don't forget to put your name and address at the bottom.)

    Here is the mail form:

    http://www.congressmerge.com/onlinedb/cgi-bin/ma il form2.cgi?distcode=SCJR&site=congressmerge

    Overview:

    Issue:

    -Senator Hollings' copy protection bill outlaws legitimate software
    development methods such as Open Source projects.

    Solution:

    -Oppose Senator Hollings' bill.
    -Oppose any new bill that does not protect software developers' rights or
    attempts to regulate or restrict what a developer creates.

    Background:

    Senator Hollings' bill attempts to protect the Movie and Music industries.
    The Movie and Music industries want to encrypt their products with an
    algorithm of some sort, for which every piece of hardware or software that
    plays or displays their material must have a corresponding electronic key.
    (If the algorithm or the key is missing, the content won't play -- thus
    thwarting pirates.) For added protection, the established entertainment
    companies want Congress to pass a law requiring technology companies to
    build the key into their products. Thus, no DVD players, PCs, CD players,
    or operating systems would be legal without Hollywood-designed copyright
    protection.

    Issue:

    In their zeal to dictate how hardware and software makers
    build their equipment, the movie and music moguls would mess with matters
    that are none of their business, critics say. Embedding copyright-protection
    mechanisms into new PCs and other digital devices would mean inserting
    pieces of software code that are hidden, or locked down, and couldn't be
    altered. That would amount to nothing less than an assault on the
    open-source religion, which advocates sharing, collaboration, and free
    access to code.

    A crucial feature of the Linux operating system -- the basic software that
    controls a computer -- is that any part of it can be modified by its users,
    as long as they agree to make the modification available, for free, to the
    world at large.

    Summary:

    Locking down Linux could destroy this dynamic, on which
    plenty of corporate software developers now depend, and also bar
    open-source programmers from the $80 billion consumer-electronics market.

    Sincerely,

    You Name Here

  60. Death to Hollings! by Anonymous Coward · · Score: 0

    I hope that pig fucker dies in a very painful, slow gruesome manner.

    Perhaps we should start a fund to hire an assassin? Really. This piece of shit has no business calling himself anything but a dishonest, for sale crooked slimeball. Senator? His very presence muddies the so-called hall of democracy.

    This piece of crap needs a beat down. And now.

  61. Screw em by SpacePunk · · Score: 2

    All technology companies and open source people need to do is to carry along as they always have and ignore this stupid shit.

    They can't arrest everybody.

    Time to start resisting.

  62. It's up to you... by MsGeek · · Score: 2
    If you really want the evil bastards at the RIAA and MPAA to sit up and take notice, STOP BUYING THEIR STUFF!!!!

    Yeah, I know I saw a Sony-distributed movie recently, but I intend to be more vigilant in the future.

    If you really need your corporate media, buy it USED. Half.Com is a good place to start. So is Second Spin and Powell's.

    Stop buying new DVDs and CDs. Stop going to movies. Maybe even get rid of your cable service, because the cable companies pay their tribute to the MPAA and the RIAA too. Take the money you would have used on new DVDs, new CDs, movie tickets and cable bills and donate it to the EFF.

    And for crissake FAX YOUR CONGRESSCRITTER! And like Zappa always reminded us, Don't forget to vote.

    --
    Knowledge is power. Knowledge shared is power multiplied.
    1. Re:It's up to you... by t_allardyce · · Score: 1

      Already done, i only own 1 DVD (it was on sale) and i have never bought a CD in my life. Since its against my religion to by CDs made by evil capitalist pig mega-corporations, downloading music over the internet is morally ok - seeing as i cant buy it anyway - like i said its against my religion - i'm not depriving anyone of a sale. As for that DVD, i have starved for a week to punish my self.

      --
      This comment does not represent the views or opinions of the user.
  63. Umm.. yeah... by Danse · · Score: 2

    Let's see how happy you are when you're facing 10 to 20 for possession of devices designed to circumvent copyright protection (i.e. anything not sanctioned by Hollywood). The solution is not to attempt to work around these laws. They'll just keep tightening them and throwing offenders in jail. Our government doesn't seem to have any aversion to imprisoning a large percentage of its population, as the drug war has amply demonstrated. As long as the rich and powerful get to stay that way, they'll do whatever it takes. Most people are too stupid, ignorant, or apathetic to take any action against these kinds of actions by the government. They just believe what they're told.

    --
    It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
  64. Re:Excuse me but (this is totally off subject) by Beliskner · · Score: 2
    The blame for Iraqi's starving children lies solely on Saddam Hussein's pride. If he cared for his people, he would stop constructing his billion dollar palaces [state.gov] and spend the country's money on health care and food. There are few restrictions on importing basic humanitarian items like food or medicine, and a lot ($21 billion) has been delivered. For a better report on the import/export restrictions, check here. [state.gov]
    We can save those children at the drop of a hat by lifting the sanctions on Saddam, those are his terms. In effect he's holding them hostage, so do you negotiate with kidnappers? April Galespie screwed it up by telling Saddam that he could invade Kuwait and it would be "an internal matter". So America caused Iraq to invade Kuwait leading to the deaths of God knows how many.

    The lifting of sanctions would allow importing of dangerous materials so the US cannot lift them. One of the first guys Saddam would sell weapons to is binLaden.

    This makes it necessary for the US to maintain sanctions against Iraq despite the fact that Iraqi children are dying. I don't have a problem admitting that I am indirectly murdering thousands of Iraqi children to safeguard myself from binLaden getting nukes. I don't have to live in a dream world or invent a convoluted excuse that Saddam is killing them, if I wanted to lie to myself I would have taken the blue pill.

    --
    A caveman dreams of being us, the incalculable power and riches. We dream of being Q, then what?
  65. Re:An interesting perspective coming from Business by Citizen+of+Earth · · Score: 1

    The tech industry needs to adopt the Microsoft 'innovation' of influence peddling. Entertainment is a tiny industry by comparison, but they have been buying whatever legislation they want.

  66. Great ideas by willpost · · Score: 0

    - Let's get all the entertainment software developers get together and cut out anything controversial from the games? Sounds like PBS on a CD. Everyone would be buying a competitor's game with more action. Make that illegal.
    - What are all those bits inside electronic devices doing? Your pocket calculator could be secretly copying Fantasia while you're alseep! Just to be safe, we'll stick a digital mark on all data and devices with data, then imprison anyone who doesn't use it. It's of no concern that every 1 bit of data and on/off switch will now require a 40 bit certification code. Who care's that we're regulating another industry 20 times bigger that we don't understand. We bought more congressmen!
    - That piece of paper you have might contain that source code to DeCSS - the DVD descrambler program. We'll pass a law requiring all paper to have a mark of authenticity and arrest those with illegal pieces of paper.
    - Hey you're not paying a subscription service for the right to use that wrench. Make a new law for that one.
    - See that scientist? His research has just threatened our income source. We'll hold an inquisition and punish him for his crimes.
    - Where did you buy that item? You might have made a business deal with a criminal. Just in case.. you'll get this special skin graft and you'll need it to buy any stuff.
    - What's on your mind? You could be thinking about politically incorrect things. Fortunately we'll be scanning your thoughts with a new tool called Carny Me.
    - That history book you're reading might give you some bad ideas.. better give it to me and i'll store it in a nice pile of other books along with those illegal fireworks.
    - Yes we know about that new medical stem cell breakthrough, but we can't allow you to sacrifice one cell to save the life of your child. Wouldn't be prudent.
    - Capitalism? Why? We can force people to buy our inferior products! That way we can fire those expensive engineers.. all they do is just tinker with things.. how anti-social! Our corporate image is so more important and people should feel priviledged to buy from us.

  67. The US economy will suffer. by theolein · · Score: 2

    Just as in the Soviet Union, there was not much point in trying to be innovative or come up with good ideas, the IT industry in the US would suffer from laws that constrict what you can devise and what you can't. If there are laws inhibiting small firms (which are in general more innovative than larger ones), the OSS movement and the hardware industry from coming up with newer products the market in the US would possibly stagnate because there just wouldn't be any motivation to work on somthing new (P2P for example) if one has to fear legal presecution for developing a new technology.

    As someone further down posted, I doubt that other countries will follow the US' example to the letter (although you can be sure that some US governments will try to force this onto some other countries). This would mean the at least a portion of the innovative edge will move outside the US and the US would fall behind because every technology would have to be "approved" by some body in the US. And you can bet that some countries and blocs will make as much PR capital out of this as they can ("US oppression etc"), and it would possibly make the current tension between the EU and the US worse than it is.

    The larger corporations would not initially be hurt that much as they could attempt to pass the price rises entailed in developing and implementing DRM-compatible hardware and software on to the consumers, who would more than likely respond by buying less than they had before (The Napster example again, wrongly interpreted by the MPAA and RIAA). As is usual with seemly blind official organisations such as those mentioned above, they would in turn respond by trying to turn the screws even tighter than before claiming that piracy is growing (which it possibly very well could, considering that people who would copy their media would be labeled as criminals and be forced underground -as in the prohibition era in the US). It would, in other words, simply be a vicious circle and would probably, in the end drive the RIAA and MPAA into bankruptcy (Could those be voices saying "I told you so" in the background?) and certainly hurt the US economy.

    Another good example would be Microsoft's attempts to raise prices with it's new licencing scheme - It simply drives more companies to seek cheaper alternatives.

  68. Interesting indeed but, by s4ltyd0g · · Score: 1

    they've also portrayed open sourcers as junkies and religious fanatics. I'm sure my mom and dad are at home right now saying oh well, those dirty open source junkies are only getting what they deserve serves them right!

  69. I'm not sure that yours is a good response by Bruce+Perens · · Score: 2
    In fighting all of this nasty DRM, it's often necessary to translate the problem for people who don't care one bit about Free Software. We either make friends with that sort of person, or we don't have enough influence to fight this. Jane Black got a look at my lobbying notes during my recent visit to Hollings, Boucher, Boxer, Lee, and the Department of Commerce. Yes, she painted us as underdogs with religion and abstract ideas. But she aired material on the problem. She'll understand even more of it when she follows up this report. I'd really rather the community maintain a good relationship with her, and with the press in general. We need them more than they need us, even when they don't understand everything we would like. They are our main path to political influence.

    Thus, I'd like you to take that into consideration next time, and if other folks would moderate your post into oblivion right now, that might be the best thing that could happen to it. Sorry.

    Thanks

    Bruce

    1. Re:I'm not sure that yours is a good response by m0nkyman · · Score: 2
      Bruce,

      Asking other people to moderate that post into oblivion is not 'a good response'. I agree with you that we may need to make friends with people who don't understand exactly what we're fighting for, but not at the expense of those people who do.

      The poster understood that;
      Thanks for looking into it Jane, but keep digging. There's truth at the end of your quest, but you will have to stay away from entertainment pimps, their attorneys and other people only interested in extracting money from you.

      I appreciate you responding with your point of view, and your personal involvement makes it important, but asking others to silence other voices is NOT right, or appreciated...

      --
      ~ a low user id is no indication I have a clue what I'm talking about.
  70. ug by lazelank · · Score: 1

    i'm defecting

  71. Maybe Hollywood should start paying some taxes by Mandelbrute · · Score: 2

    Special encryption software for the financial benefit of Hollywood enshrined in legislation? Perhaps Hollywood should start paying some tax instead of dodging it, sometimes entirely (eg. Forrest Gump) before they have the hide to try and push legislation like this through.

  72. Let the greedy politicians and businessmen have th by Anonymous Coward · · Score: 0

    I will gladdly go to prison for involvement in the open source movement. This is the right fight just as the civil rights movement in the 1960's was the right fight. We may not be able to bibe enough politicians, but we can pave thier way with enough blood so that the won't get away cleanly. Do not stop development. Those who go to prison will be the equivelent of martyrs. Do not give in. Ultimately money is meaningless, I would rather live on garbage then be a corporate executive. Free software and open source are the pinicle and the springboard of our God given creativity and no one I MEAN NO ONE! can take that away from us.

    Fuzzy Kitty

  73. Letter to Business Week by twitter · · Score: 2
    Wow. Have you considered writing a letter to Business Week stating all of this?

    See the above peer rated post. It has a better chance of being read than one of hundreds of pieces of paper shoveled through the mail. I'll bet Jane sees it, and hope that it helps. I'm a little embarassed of calling her a "ninny" for insulting my "religion" but, oh well, such is publication.

    Further reflection demands this clarification:
    Sharing, openeness and collaboration are good, natural and to be encouraged. They are necessary conditions for their goal: freedom and control. Without knowledge of the workings of your computer, you have no control. Without a community of honest programers sharing code you can have no practical knowledge of those workings. You will either build everything yourself and lose the advantages of peer review, or you can find a reasonable community of users to join. The four simple software freedoms are designed to give users knowledge and control of what their computers are doing. Senator Hollings bills, the DCMA, and other bad laws are diametrically opposed to this goal as they are designed to give control to unknown third parties.

    --

    Friends don't help friends install M$ junk.

  74. And it also means... by Anonymous Coward · · Score: 0

    that it would be legal for the copy protected OS or CPU to report you if it noticed any changes in it's files.

  75. OK, I got angy but I have yet to see it better put by twitter · · Score: 2
    In fighting all of this nasty DRM, it's often necessary to translate the problem for people who don't care one bit about Free Software...We need them more than they need us, even when they don't understand everything we would like.

    No appologies needed, Mr. Perens, I'm happy to have your input. Indeed, you have helped form my thoughts on such matters.

    We do need to explain the issue and we do need brave people like Jane. I'm embarrased to have called her a ninny and admit I was angry when did it. I fear that equating software freedom to embeded consumer devices and watching movies trivializes the issue and makes it less important to the very people we need to influence.

    The core issue is simple: with free software, the user understands and controls the computer they own. All other software encroches on this ownership and control to one extent or another. Jane, a journalist, understands the importance of free speech and she should understand the implications of government mandated software on all tools of publication.

    The readers of Business Week should also care about the implications of Holling's work. Free speech and privacy have very real practical effects on business. Without free speech, there can be no real journalism. It's hard to make plans without an accurate view of the world. It's also hard to do business without privacy. Business men, more than others care that third parties may monitor their communications and other information that would put them at a competitive disadvantage.

    I have not seen others voicing these concerns on this thread. Hopefully, someone will do so more politely and forecfully.

    I commend your efforts to educate the world. It is obvious that Jane learned much from you. It is also obvious, howerver, that our enemies are loud, missleading and painting themselves as victims as they encroach on our rights.

    My message is simple and I will repeat it as clearly as I can in the face of numbing details. DRM is un-American. In real life, I'm just a simple but more polite.

    I wonder if Jane might speak up for herself. Are you out there? My appologies for rudeness, arrogance and what not.

    -Twitter, one of 500,000+ slashdotters reading and commenting this little article.

    --

    Friends don't help friends install M$ junk.

  76. Re:SLASHDOT IS A CAR CRASH by unitron · · Score: 2

    At least credit Ballard if you're going to post stuff from Crash, a terribly disappointing book from someone whose sci-fi short stories I had quite enjoyed.

    --

    I see even classic Slashdot is now pretty much unusable on dial up anymore.

  77. You had to bring Osama into it, didn't you? by Anonymous Coward · · Score: 0

    flock to the next MPAA/Time-Warner-AOL-Disney-CocaCola/Scientology/R IAA/DVD-Association-endorsed reel of advertisement-laden "entertainment".

    You just had to bring Osama bin Laden into the equation somehow, didn't you?

    -- Pinocchio
  78. bollocks, Bruce by rodentia · · Score: 2

    Your comment betrays the sort of fetishism of press that makes market of man and is endemic to the American cult of lucre, counter to the progress of the truth of our position. Sometimes you got to whip the dogs that get you there, Bruce.

    Twitter's critique is right on and there is no reason not to lead a rational individual to a more correct understanding of just what's at stake here, particularly one engaged in the noble devoirs of the fourth estate. The mealy-mouthed caterwhauling with which you chide twitter is just what brings us to this pass, eh? It *is* the principle of the thing, Bruce, not the position of it.

    --
    illegitimii non ingravare
    1. Re:bollocks, Bruce by Bruce+Perens · · Score: 2
      It depends how much respect the writer already has from the reader. If he has a lot, that tone might work. If not, it just makes him look like a whiner who can't even make an argument that's not ad-hominem. Remember that political writing is meant to influence somebody, and you don't need influencing on this issue. You will read it differently from the target audience, and unfortunately they are the folks who matter - not the already-converted. Some people find it very difficult to put themselves in the place of the target audience, or even to understand what the target audience is.

      Bruce

    2. Re:bollocks, Bruce by rodentia · · Score: 2

      Mr. Perens, the old saw about any press being good press is given the lie here. The b-week article in question is counter-productive in several ways but particularly and most pointedly in its rhetorical whos and hows. I concur that influence is the goal, it is in the whos and hows that we get tripped up. I'm treated all too often to b-weeks tech coverage as my old man is a long-time subscriber and brings me a stack with tech articles tabbed whenever he comes to visit his grandkids. My impression is that b-week and much of the tech press wants to have their cake and eat it too. They talk a good game, not wanting to alienate the OSS community they see as savvy and motivated and a great demographic for expensive IT ad spend. Thus, OSS sees plenty of press these days. It is the tenor of that press and the message being sent that I take issue with.

      A close reading of the article presents an ideological conflict. This is good, but the terms of the conflict and the nature of the belligerents is mischaracterized. On one side powerful, moneyed interests defend their perfectly legal copyright interests, the foundation of their business model. On the other, *junkies* and *ideologues* demand access, apparently motivated by nothing more than intellectual hubris or the desire for *cheap software*. This mischaracterization of our position does much more harm than good. Frankly, those we seek to influence will not be swayed by the strength of our development methodologies, certainly not by our perverse desire to *see the code*. The economic argument doesn't carry water either; we are just chiselers who can't be bothered to pay for the techno we rock out to while we're hacking on-line banking sites. They can be swayed by an appeal to the preservation of our essential freedoms in the information age. The threat is apparent to us because we are closer to the technology, it is our civic duty to make the threat known to a wider public.

      We are not junkies, zealots, communists or wizards. We're citizens who happen to have done a bit of reading and have seen the smoke on the horizon. I myself am a poet and rhetor who knows a bit about targeting discourse. I am here to tell you that this is an ideological fight and we lose when we pretend its not; we've already been co-opted. We need to ensure that our position is seen for what it is: a defense of individual liberty, personal responsibility and civic duty. It is past time for America's tremendously vital and important IT industries and those applying the fruits of its industry to abandon business models built on ignorance and fear, to abandon leveraging profits with the weight of apathy and indolence.

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      illegitimii non ingravare
  79. Re:An interesting perspective coming from Business by hazyshadeofwinter · · Score: 1

    Something tells me a lot of tech companies are *drooling* to adopt this crap. "Buy the new Dwell Expiron DRM-PC, and you can watch new movies that will never work on your old PC/DVD player." Gak.

    --
    Click here if you just like to click on shit.
  80. Call it a slashdot misfeature by Bruce+Perens · · Score: 2
    Some weblogs let you modify or even withdraw a comment. On Slashdot, you can only have it moderated down. Twitter could have stated his point better - he regrets calling her a ninny. I've said things on Slashdot that have subtracted from my point, too.

    Thanks

    Bruce

  81. Re:OK, I got angy but I have yet to see it better by Bruce+Perens · · Score: 2
    Well said. If you've been around here for a few years, you may remember that I used to be famous for walking off of Free Software projects in a huff. I haven't done any of that in a while. Part of it was becoming a dad and thus having my priorities readjusted. Part was that I had to learn not to act that way in order to better influence people. But I am still liable to stomp around the room or bang on the wall, in private. It just has to stop there.

    Thanks

    Bruce

  82. Background reading. by twitter · · Score: 2
    For those of you who doubt my sincerity or sanity, here are some threads that lead to an awful Orwellian world. Wonderful new technology which provides tremendous improvements in comunications and publication and could greatly enhance privacy is being thwarted and perverted by unAmerican laws and greedy corporate interests:

    The cameras and microphones are on. Your correspondence will be violated by your government, as will your phone calls without judicial supervision. Your XP EULA gives Microsoft rights to search all of your documents. Recent legislation gives the governemnt unprecedented ability to collect computer records, most damningly they lay claim to all computer records collected by the above mentioned spyware.

    Senator Holling's bill, obsensibly to "protect" music and movie publishers, is the final piece of the above puzzle. It gives government the ability to make good on their claims correspondence and information that might otherwise get away from them. It is the ring that binds all of the above and places control firmly in the hands of those who create and approve of the "security" software.

    In a fourth amendment framework, you will NOT be secure in your home and personal effects. The government is able to search said effects WITHOUT reasonable cause presented before witnesses in a court of law.

    Under such a coercive environment people will obviously NOT be able to say what they think and free speech is lost. Senator Holling's bill has the potential to further that goal by installing censor ware on all digital devices. Why not? Protect music today, public decency and order tomorrow. A little optical character recognition software is all it would take to apply this to photocopiers and other devices in the future. All other rights are lost when the first amendment is thus destroyed.

    You can't do this kind of thing to an educated population, so propaganda is pouring forth to reduce privacy expectations of an increasingly ignorant population. Particularly sinister is the notion that somehow digital comunications are insecure and will be monitored. Beyond that, knowledge itself is under attack. What better place to censor things than the local library? Publishers hate libraries too these days. According to the last article, sharing information without paying is a violation of copyright, even reading the book out loud. If you have enough money to buy your own books, you are still out of luck as copyrith law treatens your ability to use your books when and how you please. What, you think publishers will continue the vastly expensive practice of printing on paper? The MPAA has shown them the way to pay per play and shifting formats will insure that you won't be able to access the work later anyway even if you are a very clever lawbreaker. Is that dumb enough for you? I don't need to prove the well known continued decline of national test performance or the lessing expectations of privacy that have been foist on us by the regulated public shcools. It's working!

    Whew! That's a lot of reading, but you have to admit that it encompasses much more than pop music, "Plannet of the Apes" and other disposable entertainments. The pieces of the puzzle are all there. We can see where it's going and what's driving it without understanding programing concepts. Just imagine your paper books, TV, and pencil behaved as your DVDs, digiCam and word processor do. Then imagine it getting much worse.

    When it all get's too much for you, just comfort yourself with the somewhat archaic, and disregarded text of the Bill of Rights. You don't think I'm sitting here at three AM becuse I don't have anything better to do, do you? I'm doing this because I love my country. OK, I am insane and I can't think of anything better to do.

    --

    Friends don't help friends install M$ junk.

  83. The real solution by Anonymous Coward · · Score: 0

    To prevent copyright piracy, the solution is a lot easier than building special chips to include in every devices...

    The solution is to sell stuff at a decent price.

    Just look at an album (CD) price! Not even 10% of it goes to the artist! And they wonder why people make copies??

    This copy-protection system will only be a good thing for fat companies, not to artists. It will allow them to make hundreds of billons of benefits instead of a couple of billions only.

    People behind this do not care about piracy. They care about their own benefits.