Lofgren's Anti-DRM Bill

blastedtokyo writes "House representative Zoe Lofgren introduced the Digital Choice and Freedom Act. Perhaps the most interesting section is the part that invalidates 'non-negotiable shrink wrap licenses' (EULAs) that limit rights. On top of this, it states that both digital and analog media need to be subject to fair use rules for backing up. The full text of the bill is also available." News.com.com.com.com and Infoworld have stories as well, which both note that there is no chance of these bills being passed this year.

Comments

Re:Say it with me...

[michael]

I know we've mentioned it before, but we didn't have the text of the bill. IMHO, it's worth reading - always better to actually read source material instead of relying on second- or third- or fourth-hand reporting.

Re:Don't cross the beams...

[grylnsmn]

Go and read the actual bill. It is very specific in how it modifies the current Copyright law. For example:

(a) The first sentence of section 107, Title 17, United StatesCode, is amended by inserting after "or by any other means specified in that section," the following: "and by analog or digital transmissions,";

What this bill does is add some sorely needed wording to the current law that protects such things as the First Sale doctrine for digital items.

Another quote from the bill:

Section 1201 of Title 17, United States Code, is amended as follows:

(a) by redesignating paragraphs (c), (d), (e), (f), (g), (h), (i), (j) and (k) as paragraphs (d), (e), (f), (g), (h), (i), (j), (k) and (l); and (b) by adding after paragraph (b) the following:

"(c)(1) Notwithstanding any other provision in this title, a person who lawfully obtains a copy or phonorecord of a work, or who lawfully receives a transmission of a work, may circumvent a technological measure that effectively controls access or protects a right of a copyright holder under this title if-

"(A) such act is necessary to make a non-infringing use under this title; and

"(B) the copyright owner fails to make publicly available the necessary means to perform such non-infringing use without additional cost or burden to such person.

"(2) Notwithstanding the provisions of subsections (a)(2) and (b), any person may manufacture, import, offer to the public, provide, or otherwise make available technological means to circumvent a technological measure that effectively controls access or protects a right of a copyright holder under this title if, if-

"(A) such means are necessary to enable a non-infringing use under paragraph (1)(A);

"(B) such means are designed, produced and marketed to enable a non-infringing use under paragraph (1)(A); and

"(C) the copyright owner fails to make available the necessary means referred to in paragraph (1)(B).".

As you can see, it redefines parts of the law (specifically the paragraph numbering) and then adds "notwithstanding the providions..." to clarify and interpret other parts.

Let your congressmen(women) know you want this!

[BobRooney]

Its amazing and exciting that a member of congress has her finger so precisely on the pulse of the geek community with respect to the whole digital media fiasco.

What now? EVERYONE WRITE/CALL/PETITION your congressmen and your senators. Let them know that geeks vote too and we have the ability to get/cost them a large number of votes thanks to our prowess with all the latest communications technologies.

• Find out what congressional district you live inLook up
• Call your congressperson's office. Get them on the phone and tell them you want them to vote for this bill
• If you get your congressman on the phone, schedule an appointment. If you cant' schedule an appointment, write 2 letters, yes 2.
• 
  
  The legislative process only works if you involve yourself. Oh, and don't forget to vote!.
  

EULA not for Computer Software

[dschuetz]

I'm surprised (or maybe I shouldn't be) that nobody's mentioned that the anti-EULA section of the bill explicitly excludes computer software:

"(b) When a digital work is distributed to the public subject to non-negotiable license terms, such terms shall not be enforceable under the common laws or statutes of any State to the extent that they restrict or limit any of the limitations on exclusive rights under this title.

"(c) As used in this section, the following terms have the following meanings: A 'digital work' is any literary (except a computer program), sound recording or musical work, or dramatic, motion picture or other audiovisual work, in whole or in part in a digital or other non-analog format.

It looks like the right to copy/archive/circumvent does not exclude computer software, though -- this seems to be the only explicit exclusion. Of course, one really needs to actually patch the relevant code with the proposed diff :) to see what's *really* being introduced.

Re:copyright, EULA and GPL

[Chris Burke]

No. The GPL is not in any way an EULA. If you want to use the software, the GPL does nothing. Accepting the GPL or not has no effect whatsoever on your use of the software. If you don't accept the MS EULA, you can't use the software. With the GPL, it doesn't matter. This of course doesn't include making derivative works from or distributing. These are not usually considered End User uses, because they are prohibited by copyright, not by a EULA. If no EULA existed, you still wouldn't be able to modify or distribute a program.

The GPL grants rights to modify and distribute, and yes there are terms for that, but that doesn't make it an EULA. It's as much an EULA as the contracts Microsoft presents when they grant someone access to -their- source code, and believe me they don't stick that in a little window with an "OK" button. :)

That's the deal -- the GPL is a -license- but not an End User License Agreement.

Re:copyright, EULA and GPL

[shepd]

Section 5 of the GPL says...

"You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to modify or distribute the Program or its derivative works. These actions are prohibited by law if you do not accept this License. Therefore, by modifying or distributing the Program (or any work based on the Program), you indicate your acceptance of this License to do so, and all its terms and conditions for copying, distributing or modifying the Program or works based on it."

Because RMS knew this could/would happen.