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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
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 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
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
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.
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.