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Perens Backs Down from DMCA Violation
liquidsin writes "According to this article by Dan Gillmor, Bruce Perens has backed out of his plan to demonstrate how to modify a DVD player to break region coding (and openly violate the DMCA as well) due to pressure from his employer, Hewlett Packard. I wish HP had given him their blessing on this, but I guess they have to worry about shareholders first..." See our previous story for Perens' plans.
"I wish HP had given him their blessing on this, but I guess they have to worry about shareholders first..."
Written by someone who does not seem to be employed in the corporate world. How can you possibly expect any company to openly endorse a law-breaking event? Sheesh!
Cat, the other, tastier white meat.
It just so happens that the authority that told him not too also pays his bills.
Funny how prison may not seem so bad (espically to those that dont think they will go or have never been) but when you threaten someones livelyhood ideas can change quick.
Im sure the conversation went something to the effect that if he gives his presentation that he will not work for any major computer company again. In this economy the last thing a tech worker needs is to be black listed.
Though I wish he would go through with it I can understand his motivations not to. Im sure hes not happy about the whole situation either.
"Don't mess with him, he taunts the happy fun ball."
This is an excellent example of how the DMCA can have a chilling effect on free speech without even having to be tested in court. People often focus on the law itself as the threat, but as much of a threat can be how companies and individuals behave in response to the law - self-policing can sometimes be the worst kind.
That's too bad. I was hoping that his demonstration would show the DVD industry how lame their little region scheme is, and how easy(?) it is to circumvent. If they want to continue using the region system they should consider making some DVDs region free, like the DVDs mentioned in the original article (Gladiator was one of them I believe) and other popular ones.
There are only 10 kinds of people in this world... those who understand binary and those who don't
then an authority said "don't do that". so he won't.
Well, it wasn't a government authority, it was a capitalist one. Which I suppose says more about his convictions than we'd like to know.
Frankly, I can't see the point of just breaking the law in public. In my opinion, a better course of action would be to set up the conditions for a test case that could be won in the courts. That will likely require some public lawbreaking, but will also require there be something about the lawbreaking that demonstrates how the law in question isn't reasonable. Simply showing how easy it is to violate said law isn't going to do that.
The theory seems to be that HP pressured Perens to withdraw his plans for fear of liability... if their employee breaks the DMCA, and they knew he was going to do it, and they did nothing to stop it, etc...
But if they tell their employee not to break the law, and he publicly agrees, then goes ahead and does it anyway, that's a different story, isn't it? HP would be able to say that they did what they could, but this crazy Perens guy just couldn't be stopped.
It's not as if he's a director of the company... there has to be a point at which their liability for his behaviour ends.
My theory is that there is a very careful game of due-diligence charades going on here, and that we will see some DMCA-busting after all.
Your example isn't correct. Nobody expects a company to make two formats interoperable under fair use, but they *do* assume *they themselves* can, for instance, copy their CD to tape, so that their CD-playerless car can play it. The DMCA effectively cuts off this kind of end-user modification *after* the content is purchased. It has nothing to do with the format, just being allowed to do what you want with what you payed for.
The last thing that the entertainment cartel wants to do is to force a large, respectable corporation with deep pockets into a position of having to defend itself against a DCMA violation. A well-funded legal effort by a respectable defendant could possibly result in the DCMA being found unconstitutional. The entertainment cartel will continue to hand-pick its legal challenges to be sure they do not take on any they might lose.
tato (and tato only)
This post is strictly opinion, including the spelling.
I don't know the details of his relationship with HP but it might be better to say: An authority with whom he has a mutually beneficial relationship based on mutual respect asked him not to put them at risk.
Since, according to the article, HP is funding his other free software projects this could also be viewed as a request not to bite the hand that feeds him.
This article also says that HP 'asked him' not to give the presentation. Quite differnt from "don't do that"
Your snide insinuation also says a lot about your convictions
Quemadmodum gladius neminem occidit, occidentis telum est
I don't see how anyone can say "explicitly listed as incompatible".
I've purchased a handful of DVDs here in Canada, and _nowhere_ on the box does it say anything to the effect of "region coded - will only play in North American DVD players".
The "incompatible by design" argument will also fall apart because to the average consumer, there's no way to tell that region coded DVDs are different and incompatible, whereas the difference between a CD and a cassette is pretty obvious.
However, the discussion probably went more like "We're going to fire you even if you take this on and don't get thrown in jail, because we'd rather not be associated with such things-- it hurts our credibility with Congress and industry groups to have prominent employees flouting the law."
I do not have a signature
Bruce supports the GPL - something that 'stops the EVIL capitolist' from 'stealing' code.
Bruce is willing to disobey the DMCA - a law bought by the 'EVIL capitolists'.
But when the HP master yanks on his leash and says "HEEL", Bruce falls in line quickly.
Yea.... "Linux will never be destroyed because no company controls it". Right. All the talk of revolution is pure BS. Because as soon as the boss cracks the whip, the 'fight' vs 'the man' is over.
Personally, I'm supprised his wife would have let him do it. "Gee Bruce you could loose your job, then how will the kid be paid for?"
The problem here, as has been meentionned in other posts, is that Perens is at this conference as a representative of HP. As such, HP could be held liable for whatever "illegal" acts he does at this conference.
It's not a function of the DMCA, it is the way general liability is construed to function by the courts in the USA. Otherwise put, you'll be hard pressed to find *any* company terribly eager to sponsor you directly or indirectly for your civil disobedience. When you're on somebody else's coin, they have a big say on what you do.
Do not spread "09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0" over the internet, thank you.
Besides the fact that it's perfectly legal to modify your cassette player, if you could figure out how, to play CDs. That's the real crux of the issue.
If you can't tell the difference between Constitutional rights, and moral high-ground "rights", that's no concern of mine.
Furthermore, since I'm not an American, I don't need to know jack about your Constitution. I do understand, however, that it's honoured beside another American document that makes blatant racial slurs against natives (ie., the Declaration of Independence).
#define sig "Every social system runs on the people's belief in it."
If he didn't have the balls to go through with it, he shouldn't have made the claim in the first place.
*He* backed out due to *pressure*. Well, hell, I think it's damn fair to apply pressure in calling it what it is, a kotow to the corporate interests and a sell out by a supposed leader.
Anything he says from now on is suspect in many people's minds. Maybe not yours, but certainly in mind.
I thought a copyright act should only protect copyright, or in the case of DMCA, methods to protect copyright!!
Region coding has nothing to do with "copyright" at all, just a lame money grabbing scheme!! Why should the DMCA protect it?
The word in the law is "protect access to copyrighted works".
What "Access"? So if a publisher put glues on the CD cover so it sticks to your hand, is washing the glue off and throwing it away a circumvention and thus breaks the law?
This "Access" thing has to be more unambigously defined! It should REALLY be changed to "protect reproduction access to copyrighted works"!! What's so hard to understand? Let's make a case to change the word in the law!
Which is a perfectly respectable position. Fighting law on moral grounds needs to be done two ways - the disobediants and the inside the system. Otherwise, you have either no visibility or no hope of change no matter how outrageous your acts are. One of the best dual systems in tech is 2600 and the EFF. Outside tech, you have multiple examples of activists and the ACLU.
As important as the activists might be, every Hoffman needs his Lefcourt. The media makes up the third end of the tripod of change, whether it be big media, or just plain word of mouth.
If you think the less of Bruce for this, I'm sure he would let you get up on stage and do it yourself. Are you willing to go to jail and spend the next year in court for your convictions?
--
Evan
"$30 for the One True Ring. $10 each additional ring!" -- JRR "Bob" Tolkien
Well, it wasn't a government authority, it was a capitalist one. Which I suppose says more about his convictions than we'd like to know.
Oh bullshit. That's easy for you to say while you sit around on an obscure web forum and anonymously denounce "the Man". Let's see you risk your personal freedom and familiy's well-being so that geeks everywhere can download free music.
I think the DMCA is a dangerous law too, but I don't have the balls to publicly (and illegally) flout it. And since you don't either, you should probably keep the snide comments to yourself.
Bruce
Bruce Perens.
Nowadays shareholders own companies about like people own commercial software. You bought it, but someone else controls it.
I see even classic Slashdot is now pretty much unusable on dial up anymore.