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Cringely On Civil Disobedience

Sauron23 writes "Robert Cringely over at PBS has his usual weekly Pulpit out. This weeks it's a follow up to last weeks discussion of one of the enforcers of the DMCA, BayTSP. He clarifies some of the issues surrounding a planned bust in October for P2P users sharing movies and makes perhaps an unusual request for civil disobediance from P2P users. I don't know what 10 million pirated copies of "Debbie does Dallas" would be worth either Bob. Probably more than the courts would want to handle. Worth the read." Some of the stronger parts of the column, IMHO, is the commentary on the e-mails people sent in.

23 of 365 comments (clear)

  1. not effective by Drunken+Coward · · Score: 5, Insightful

    This kind of civil disobedience is NOT going to be very effective.

    With the civil rights movement of the 1960's, civil disobedience was very vocal and right in the public eye- this, on the other hand, will hardly be noticed by most people.

    A more effective way to show your displeasure with the current legislation may be to protest in "real life" rather than in cyberspace.

    --
    Have you been stalked by Seth today?
    1. Re:not effective by zyklone · · Score: 5, Insightful

      Joe Public doesn't make any laws.
      Joe Public doesn't even vote (atleast not a very large part of them).

      The people who don't care will never care and can be safely ignored.

    2. Re:not effective by wunderhorn1 · · Score: 4, Insightful
      Yes, but George W. Officeholder still wants Joe Public to vote (for him), and he will do his best to get Joe out of his recliner and to the polls.

      You see, Joe Public has a habit of getting excited at pretty much any old issue that is pitched to him in the correct manner (the usual combination of the right logical fallacies -- appeals to emotion, everyone knows the DMCA is bad.)

      Granted, copyright law is probably pretty far down on old Joe's list of things to care about, but the group of Jim's and Jane's using the internet is large and constantly increasing, so I don't believe it's out of the relm of possibility to raise widespread public awareness of the subject.

      --
      Karma: Bored. (Thinking about resurrecting the "Anyone else is an imposter" joke.)
    3. Re:not effective by Lumpy · · Score: 5, Insightful

      wow you know nothing about history do you..

      I was at kent state. I saw kids the age of my older brother murdered by the government.

      and I saw that what they were doing, what they DIED for succeeded.

      It works, it works very well. and it takes people that care about it, and feel strong enough about it, and to have the BALLS to put their life on the line for it..

      Unfortunately, today in 2002, the United States of America.... too many cowards wont do anything, the rest are lazy and cant be bothered to donate or protest.

      the DMCA will survive... because YOU wont do anything as well as the rest of the population that bitches about it.

      It does work, I saw it in action.. and anyone that says otherwise is pretty much blind.

      --
      Do not look at laser with remaining good eye.
    4. Re:not effective by imadork · · Score: 5, Insightful

      Cringely's technique will not be very effective, but it has nothing to with "this kind of civil disobedience". In fact, what Cringely is advocating is civil disobedience done right -- having lots of people break a stupid law openly, and accepting the consequences. Remember, just breaking the law from the comfort of your basement is not enough -- you need to let the Police break down your door and throw you in jail just for trying to play your "copy-protected" DVD or CD on your computer, all to show the public how absurd the law is.

      The problem is that the absurdity will be lost on most people. This can't be compared to the Civil Rights movement, when the dignity of human beings was at stake. This is about bits, shiny things, and noise -- i.e., things that aren't really important when compared to human dignity. We all know what can happen in the future if laws like the DMCA don't get revisited in its current form. We know that the issue is more about property rights and control of information than about piracy. But since nothing important is at stake right now, anyone who participates in "civil disobedience" will be dismissed at best as a misguided geek, and at worst as an evil pirate hacker. After all, if you can watch a DVD on a DVD player, who cares if you can't watch it on a computer running Linux? We do, but noone else thinks it's important.

      Let's face it, Our percieved right to download music or use media that we "own" on any device that has the technical ability to play it is not considered that important when there is so much else going on in the world.

  2. This just in! Random Blog gets front page news! by jeblucas · · Score: 4, Insightful
    I read this article, and I gotta tell ya, I feel like I just wasted a little chunk of time. This is basically a blog of some tech writer that thinks he's a lot smarter than everyone else (don't we all), and gets a chunk of pbs.org websapce to convince everyone. Maybe someone really likes his show, but please, his "insights" into emails is pretty tired by now.

    I realize everyone in /. is crapping themselves over the DMCA, but does every two paragraph article about need to be front page material?

    If you want to learn more about the real enforcement, read here.

    --
    blarg.
  3. Re:Changing things through use of the masses by koh · · Score: 4, Insightful

    --If everyone hates the DMCA so much, why not actually try this?

    Short answer : because noone will want to be the first.

    That's a nice little thing with human beings. Group actions are always welcome and overhyped and you always find everybody is ready to do it... until someone _has_ to do it, of course, and then the first one to actually act suddenly finds himself all alone while the others are watching "so ? did it work ? is he in jail ?".

    Cringely is clearly aware of that, just like he knows the first reaction of many ppl is to flamemail him instead of getting something done about the problem at hand. Maybe he's trying to give us some kind of electroshock...

    I may seem overpessimistic, but in that kind of action people are usually just all talk. Of course, I we had a leader things would be different, but clearly as a community we would never agree on a leader (flamewars, yes, leadership, no ;)

    --
    Karma cannot be described by words alone.
  4. Money by laetus · · Score: 5, Insightful

    Money got this law passed and money will make it go away.

    Counter the RIAA's dollars by making a contribution to the Electronic Frontier Foundation and earmark the donation for fighting the DMCA.

    Take some of that money you're saving by not buying CD's and poney it up to those than can help.

    --

    "We're sorry, but the website you're trying to reach has been disconnected."
  5. Do Something by Anonymous Coward · · Score: 5, Insightful

    If you are someone that WISHES that his suggestion could work, but isn't going to perform civil disobediance for one reason or another, then try this:

    Think of the time it would take to find and download this movie, and instead spend half that time writting a letter to your representative.

    If you've already written your representative, then write somebody else.

  6. Re:Should be considered, but... by Iamthefallen · · Score: 5, Insightful

    No, watch the public rage against the fact that the Evil Internet was able to lure an innocent teen into it's grasp and corrupt her, then they will demand even stronger laws to protect their kids since the DMCA et al weren't enough...

    --
    Wax-Museum Fire Results In Hundreds Of New Danny DeVito Statues
  7. Re:Critical Mass of Lawbreakers by Sherloqq · · Score: 5, Insightful

    I partially agree with Cringley. A situation very similar to the speed limit scenario is already happening in Canada. Last month the Ministry of Transportation in Ontario started toying with the idea of raising the speed limit on the 401 highway from 100km/h (63mph) to 120km/h (75mph), because that is how fast people drive there nowadays. The Ministry says it's done some research with the help of the OPP (state troopers), and it's come to the conclusion that despite the higher average speed there are fewer accidents and fatalities, so the raising of the speed limit might be possible.

    Naturally, there are some issues with this proposal (people will start driving even faster and more aggressively, accident rates will increase dramatically etc.), but those are not relevant here. What *is* relevant is that what Cringley describes is possible *if* EVERYONE does it. Truth is, almost everyone does. It's much easier to single out those who obey the official speed limit (most often American drivers passing through / visiting) than those who don't. Mind you, this didn't happen overnight, it took time -- first people averaged 105km/h, then 110 and so on. Kinda like what's happening with our constitutional rights right now (i.e. the first amendment, slowly being eroded by those with enough money). Right now, you can pretty much be sure you won't get pulled over unless you're going over 120, unless you stand out.

    Personally, if everyone violated the DMCA on small scale (as in, don't copy 100 cds a day to make a profit from it), nobody would probably care. If Napster took longer to become the service that it was, it probably wouldn't have been as visible to the people at RIAA. But, it happened virtually 'overnight', made a big splash thanks to the media, got noticed relatively quickly, and viola! I betcha if someone started a nation-wide promotion of cheap, reliable radar detectors, those would become outlawed within weeks.

    So, to recap, I think civil disobedience would be the way to defeat the monster, I'm just not sure about the proposed tempo.

    --
    Have EVDO, will travel.
  8. Selective Enforcment by DustMagnet · · Score: 5, Insightful
    This follows the simple principal that if you or I drive 100 miles-per-hour on the highway, we get a ticket, but if EVERYONE drives 100 miles-per-hour, they change the speed limit.

    No, when the speed limit was 55 and everyone drove 70, the police could pull over anyone they disliked. They didn't try to pull over everyone all at once. But speed limits are very different than copyright laws. When some of us started driving 55 (I kept right), the road became dangerous and they had to raise the limit.

    The DMCA is only selectively enforced already. We can't make them enforce it.

    --
    'SBEMAIL!' is better than a goat!!
  9. This is not Civil Disobedience by lkaos · · Score: 5, Insightful

    The term civil disobedience was made popular through a speech by Henry David Thoreau which later influence MLK and Gandhi. Gandhi took a slightly different approach which he also gave a separate name.

    The best way to explain civil disobedience is with the words of Thoreau himself:

    "If the injustice is part of the necessary friction of the machine of government let it go, let it go; perchance it will wear smooth. Certainly, the machine will wear out. If the injustice has a spring or a pulley or a rope or a crank exclusively for itself, then perhaps you may consider whether the remedy is worse than the evil. But if it is of such a nature that it requires you to be the agent of injustice to another then I say break the law . Let your life be a counter-friction to stop the machine. What I must do is to see, at any rate, that I do not lend myself to the wrong which I condemn."

    Obviously, not being able to copy movies surely doesn't constistute as making you "the agent of injustice to another." Instead of breaking the law, go out and vote for god's sake. How many of everyone hear complaining has 1) voted in the previous presidental and congressional elections and 2) attempted to educate fellow voters about the evils of laws like this?

    If you really care, do something about it. Don't try to pretend that you are doing something about it by breaking the law.

    --
    int func(int a);
    func((b += 3, b));
  10. Principles at work here by naasking · · Score: 4, Insightful
    What Cringley suggests:

    "The force of public opinion cannot be resisted when permitted freely to be expressed. The agitation it produces must be submitted to."

    ~ Thomas Jefferson ~

    A fine idea, but not necessarily the moral one:

    "It is strangely absurd to suppose that a million of human beings, collected together, are not under the same moral laws which bind each of them separately."

    ~ Thomas Jefferson ~

    Something the **AA and all artists should keep in mind, for it is a battle we are losing ground to on many fronts:

    "I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it."

    ~ Thomas Jefferson ~
  11. The real problem by Kefaa · · Score: 5, Insightful

    I believe he hit the nail on the head with:
    "But don't blame me for it. Most readers had never heard of BayTSP and had no idea how the DMCA was enforced until last week's column, "

    We talk about the DMCA just about weekly here and in other forums, never seen by mainstream Americans. When /. does get mentioned it is usually with the word "hacker" or that some site was "slash dotted" like it had been subject to DOS on purpose. [and please let's not even start about the difference between "hacker", "cracker", "Blackhat", "Whitehat and "Grayhat"]

    If we want to change the DMCA, we need to start talking to mom, dad and the neighbors. They need to understand that shortly they will be buying a CD of their favorite music that will only play on registered devices. That these devices will require replacement on a regular basis and they will will be paying for it. That the DVD they bought their grand-daughter forces her to watch more commericals before she can seen her movie, than a network Saturday morning. That the networks consider video taping programs theft and are working on making it illegal to fast forward through commericals and the device will prevent it and keeping the current vcr will not be an option.

    They are soon going to hear Britney Spears tell them that downloading songs is a crime. They are going to hear it on TV and they are going to believe it is a crime (the distinction of ownership, and fair use is not going to be made by RIAA or MPAA).

    We need Americans to start looking at the DMCA, the RIAA and the MPAA with the same eye they used when the tabacco companies told us "Smoking is not addictive." We need to do just as much to show them that if they are not concerned, their representatives will go to the mine and leave them with the shaft.

  12. Image is everything by LittleGuy · · Score: 5, Insightful

    Let me be blunt. It is 2002. Post 9/11.

    You cannot and will not get the PR and imagery of the 60's with the Civil Rights Movement and the Vietnam Protestors. Accept it and move on.

    Today, DC was scheduled to be 'shut down' by IMF protestors. In the preceeding week, thanks to the media's constant drumming the the Chief's press conferences, John and Jane Public consider the protestors to be a big annoyance while driving to work, and thanks to the police for keeping those nasty people from disrupting my work routine.

    If Cringley's so-called mass protest is pulled off, I suspect that the authorities will use the media to pass along the mantra: "These are hackers. These are thieves. These are bad people. We put bad people away."

    --
    Mod Karma -1: I sed bad wurds. If I cep my mouf shut, I wud be at riyses.
  13. Copying a movie is not a violation of DMCA by mike449 · · Score: 5, Insightful

    It is a copyright infringement under the "traditional" copyright laws.

    Sending all your friends a copy of DeCSS would be such violation. Or giving people on the street floppies with DeCSS - this one would be more public and likely to get some media and authorities' attention, which is the goal.

  14. Re:easier said than done. by Pig+Hogger · · Score: 4, Insightful
    Personally, and this will be quite the unpopular opinion, I figure that this kind of stuff will not get thrown down soon. Why? Prohibition failed because everybody drank beer. Not enough people are online right now to make the difference. The citical mass is not there.
    Just wait till everyone gets their Congress-mandated HDTV. And let them find out they can't record that "HDTV-Digitally-Interpolated" Seinfield rerun because of that nasty "can't copy" bit.

    You'll have your critical mass.

  15. Re:It's a movement! by n8ur · · Score: 4, Insightful

    This -- this is the funniest and most apropos post on Slashdot this year.

  16. Protesting DMCA vs protesting copyright by Sloppy · · Score: 5, Insightful
    Here is the plan. Everyone who hates the DMCA has to illegally copy a movie or a song, and then tell both the Congress and the U.S. Copyright Office exactly what they did.
    Making illegal copies of things is something to do if you want to protest copyright in general. If you really want to protest DMCA specifically, then illegally copying a movie or song isn't the way to go. That just makes you look like a "pirate." Instead, circumvent protection. Play your DVDs with mplayer or xine and tell people that you did. Tell people that you broke the law by watching a movie that you bought. What could be more damning for the DMCA?
    --
    As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
  17. I'm in by schlach · · Score: 5, Insightful

    What I propose is a national gathering (perhaps in 2-4 locations simaltaneously) where folks can come together en masse to explicitly violate terms of the DMCA collectively in a public manner.

    Would have modded you up, but then couldn't give you my email address =)

    schlachtavius _at_ yahoo.com

    Are you proposing it, or are you "proposing" it? Because if you're indeed proposing it, I'm in if it's well done, and I'll help organize. I'd probably be in for a California location. Perhaps we should throw up a site to direct people in this conversation to...

    Okay, done. Check out the new Digital Mandate Consumer Advocacy group, at yahoo groups. We can start there as a place to gauge interest in a national act of civil disobedience.

    If you're an armchair activist for tech issues, consider subbing our new group. The first thing we're gonna do is figure out who we've got, what issues we want to focus on, and how we might stage a massive protest. So sign up! We need you! I'll bring the Hi-C and rice krispy treats.

    --schlach

  18. Well by sulli · · Score: 4, Insightful

    The difference is that Cringely isn't asking people to smash Citibank windows and throw smoke bombs at the cops. Playing a DVD on Linux (say) doesn't piss off the neighbors quite in the same way, surprisingly enough.

    --

    sulli
    RTFJ.
  19. Re:Reaching Joe Public -- try a PSA or infomercial by Sylver+Dragon · · Score: 4, Insightful

    What it needs is a series of PSAs (Public Service Announcements) or similar ads that reach the general public...

    And how, exactly, do you expect to get the to the public? Buy airtime on TV networks? I'm sure Ted Turner would be all giddy to run your ads.
    The problem with fighting the people that control the media in the US, is that they can keep you from getting your message out. And don't be fooled for a second that the news organizations will do much to help your cause. That's the one flaw in this whole protest the DMCA idea, the news people covering it. They are going to spin it right into the dirt. I can hear it now, "Today, 300 people were arrested for illegal hacking. They were protesting laws that were enacted to protect computer systems from the threat of cyberterrorism." at this point they roll the interview with the geekiest looking 16 year old they could find, who, of course, is missing half his brain that day and says, "We're fighting the Man! They're trying to keep us down! Hacking Rulez!" Back to the reporter, "This just goes to show how widespread this problem really is. The children of today belive that stealing and trespassing are ok, and its all being done on the internet." Camera pans protest area, "The protest was held here, and was largly a forum for trading illegally coppied CDs and movies. Just about anything you want could be had here, and of course, in the spirit of this hacking fest, it was all free." Roll film of someone handing out burned DVDs "Any film you wanted could be had either free or very cheap. We even found videos of movies that are still in theaters, like this summers blockbuster (insert big movie here)." Back to reporter, "in all this was less a protest and more a meeting place of pirates and hackers."
    Back to the studio "Wow. Thank you Jan, amazing how so many young people can be so misguided. And in other news..."
    I wish people luck, but, other than Alan Greespan, they are fighting one of the most powerful forces in the US today.

    --
    Necessity is the mother of invention.
    Laziness is the father.