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

This is the kind of stuff we need

[Deth_Master]

This is what the world needs. To adapt to the new media, not to try and force the world to their standards. The RIAA is alarmed that we are not buying their music and so wants to stop the spread of other music. I agree that it can be bad for certain artists, but I believe that the spread of digital media is overall good for all.
Secondly, I really don't want DRM cancelling my ability to keep copies of my CDs and other digital media. If I had a printing press I'd make copies of some of my favorite books. I've lost one of them, and I'm really wishing I had a copy.
Bills like this are ones I expect to see almost all Slashdotters supporting!

Go digital media!

This bill will never pass

[Patrick]

Rep Lofgren's bill probably isn't even intended to pass. It's intended to get a voice out there to debate Sen Hollings. It defines a spectrum. It tells the rest of Congress that Sen Hollings is a raving, preserve-the-Mouse-at-all-costs lunatic. Rep Lofgren is giving consumer rights groups, the consumer electronics industry, Apple, and civil liberties groups a bill to support.

What gets passed, if anything, will be somewhere in between Lofgren's bill and Hollings's bill.

Re:EULA Strength?

[Ryosen]

Actually, I read them. As a developer, I have to be concerned with what provisions companies put into their EULAs regarding distribution and use of their tools. I'm much too lazy to go digging for the references, but there are many examples of frivolous restrictions being placed in the EULA. For example, Microsoft's specification that its tools may not be used in open source development.

In addition to this, as a consumer, I look through the EULA for clues that there might be trojan processes in the software. Microsoft's Media Player is a good example of this whereby they reveal in their EULA that they can remotely access your machine and install arbitrary "updates." This has been covered here before so there is really no need to retread it again.

As for the legality of the EULA, no, it is not enforceable. The EULA is supposed to be a precursor to the purchase and subsequent use of the software. However, as you cannot view the EULA before purchasing, and as the software is invariably non-returnable, the agreement is non-binding.

By law, you have a set term to review a contract before signing it. In most states, this is three business days. A contract cannot be introduced and imposed ex post facto (after the fact). Typically, a contract is not legally binding unless it is signed by both parties and in the presence of at least one witness. Further, a contract is not binding to a minor unless that minor's parent or guardian also signs. So the whole notion of EULAs in video games is nonsense.

Ultimately, the enforceability of a EULA relies on the ignorance of the parties involved. The consumer who believes that it is binding and the vendor who finds comfort in the mistaken belief that an enforceable contract has been executed.

I personally do not know of a single court case where a EULA has been tested, which suggsests to me that the software manufacturers and their legal teams realize that a EULA is nothing more than a facade.

With respect to the inclusion of EULA legistlation in Lofgren's bill, I would suspect that that was put there as a bargaining chip. In negotiations, you always ask for more than you expect to receieve and you always ask for things that you don't care too much about. This way, you have something that you can concede to the other parties without actually losing something that you want.

Re:JOIN the EFF. It helps.

[sphealey]

Writing your Congressman/woman/Senator helps on issues, but if you notice, bills that get passed usually have big lobbys behind them (special interests).

When you write your congressperson on an issue of great importance (and I think this is one such), you need to prepare two letters. The first to the congressperson at his US Government address, laying out your position in clear, calm, concise language, one page or less, typed and signed in blue ink, mailed from a post office in your district.

The second should be addressed to your congressperon's Chief of Staff, c/o Committee to Re-Elect Congressperson XYZ, at the reelection campaign's address (but not not not at a US Government address). The letter should be more or less the same. But stapled to it should be a check for $20, $30, $50, or whatever you think reasonable. Check made out to the re-election committee natually.

I think 20 or 30 thousand such letters would start to get the attention of Capitol Hill.

sPh

Modifying the DMCA!

[Tom7]

Actually, the most interesting part of this bill (to me) is that it modifies the worst part of the DMCA (17 USC 1201) concerning circumvention devices. Paraphrasing ...

Circumvention is not a violation if: ... " such act is necessary to make a non-infringing use under this title; and "
" 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. "

Providing a circumvention device is not a violation if: ... " such means are necessary to enable a non-infringing use ..."
" such means are designed, produced and marketed to enable a non-infringing use ..."
" the copyright owner fails to make available the necessary means referred to "

This is great! With those in place, the DMCA becomes a mere annoyance rather than a real impediment to software development.

My own DMCA Battle...