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EFF Urges Support for Rep. Boucher's DMCRA
DarkSparks writes "The EFF is urging everyone to contact their Representatives and ask them to co-sponsor Representative Rick Boucher and John Doolittle's recently introduced Digital Media Consumers' Rights Act (DMCRA, H.R. 5544), which would introduce labelling requirements for usage-impaired "copy-protected" compact discs, as well as make several key amendments to the DMCA, including affirming the right of scientific research into technology protection measures and affirming the right of citizens to circumvent technology measures to gain access to copyrighted works they've purchased."
You can't fight an unlegal law by promoting its opposite : you'd end with tons of legal imbroglioes and each situation would be as messy as it could be...
I suggest people contact their representatives to cancel the DMCA instead.
Trolling using another account since 2005.
So we get a label saying "Cannot be ripped and distrubuted over Kazza" on our CDs from now on?
This is all an exercise is futility it seems to me. People will find a way to copy the media, no matter what. Why not use money/technology to do something a bit more useful?
Both measures are good steps towards repealing the DMCA, or at least nullifying its more damning effects.
Seriously, can you tell me that you'd rather have one law and no rights than two laws and some rights?
I'll take the rights, thanks. Don't make me a criminal for ripping your CD to my computer so I can listen to it without having to swap physical CDs in and out.
Go Boucher.
You are allowed to do anything not made illegal. In the UK, laws set out the limits to your rights, they do not enumerate them. So a law affirming that I have the right to eat cheese, to take a daft example, would be pointless because there is no law saying that I cannot eat cheese. If a law banning cheese came in to force, then the correct action would be to repeal that law, not to introduce another one limiting it.
Cheers,
Ian
If this bill were passed, people would be allowed to legally circumvent copy protection. That would go completely against the whole principle of the DMCA which is to restrict access to copyrighted works.
The same people that fought to get the DMCA passed will fight to get this stopped. The problem is that these people are very powerful and have a lot of money. Don't hold your breath...
By labeling a CD as copy-protected, you exclude a great portion of your audience. If I sold baby food with rat poison in it, and I label the jar specifying that this product is probably lethal, you think more people will buy it? Of course not.
The sad fact is that both the music industry and the negligent baby formula company will find more success by not telling the public about their product's flaws. Without government intervention, the music industry WILL slip copy-protected CDs into the market without notice, as they already have started doing.
I'll form my OWN solar system! With blackjack! And hookers!
but you simply have no idea how the American system of law works. the law is a living work, and is ammended over time as the solutions to problems present themselves. government cannot be expected to get it right the first time, and this simple idea is the basis for the entire system of government. hence the bill of rights and the right of the courts to interpret the law.
Imho opinion, this attitude would be the one the record companies should pursue. By allowing you to make one copy for yourself that is, for all intents and purposes, undistributable, they at least show some respect for your rights.
I am not being a Microsoft fanboy here, btw, Dolby's ATRAC codec (as used in Minidiscs and Sony Clies) offers exactly the same capabilities, long before MS thought of it.
Mother is the best bet and don't let Satan draw you too fast.
The kiss of death. It will die in committee.
Give his office a call in a few days and let them know you'd like to discuss your concerns about the bill with your Congresscritter.
Tell him how you want him to vote and briefly, why.
If a few hundred people in your district do this, you've got yourself a new friend and a vote.
Of course, a high tech community PAC would save us all a lot of trouble in this area.
Tech Public Policy stuff
Recently there has been so much out cry against DMCA on slashdot, I thought I shall talk to my dad and convince them to talk to our constituents representatives. You know what my dad said "forget it son, there are lot more pressing issues than copying a cd".
I thought may be he was just being indifferent to me, but guess what none of my friends bother either. When I talked to them about this issue and even pointed to all the disadvantages, none of them were even winked. They said "dude right now my immediate concern is whether I'm going to get a job when I graduate, not whether I'll be able to copy a cd".
Now is this mere isolated instance of indifference or ignorance (well 99% of people I talked to never heard of DMCA)? So I think DMCA or corporate America is not the problem the, problem is plain ignorance and indifference. Doesn't matter if this article gets about 1000 comments and every one feels the same way. We've got to do something and by something I don't mean talking to representatives, I mean educating people. Only then can our voice have some effect.
Remember those anti-tobacco ads - "Knowledge is contagious"
I can tell you from experience that my father successfully got congresspeople elected with a PAC and he is no politician. Just a doctor (now retired, this was some years ago) who was fighting to keep his practice alive despite being told by insurance companies what to prescribe. He got thousands of doctors in three states to act (the purpose was to build a doctors' HMO and hospital, and they got pretty far before some sharks took over) and I believe they got a lot of attention (up to the president) and helped get a congressman elected. An anti-bigmusic/anti-closedsource PAC might be interesting if you could convince geeks to 1) put up money and 2) speak out. Of course maybe just sending the money to the EFF is best, not an expert about politics myself.
Subsection (c) establishes new labeling requirements for these non-standard compact discs. Among other things, a label prominently affixed to the front of the packaging must notify a consumer that the disc might not play properly in ordinary consumer electronics products and might not be recordable to the hard drive of a personal computer.
The label must be at least 120mm in diameter, and consist of full-size reproduction of the image presently located at http://goatse.cx and a black text "J4ck v413n7i 0wnz joo!" in 20mm high and 12mm wide letters in Helvetica font with at least 1mm wide lines, repeated three times 5mm from the rim of the label.
Contrary to the popular belief, there indeed is no God.
I am writing today to ask you to co-sponsor Rep. Boucher &
Doolittle's Digital Media Consumers' Rights Act (DMCRA, H.R. 5544).
I believe that recent movements in copyright law have unfairly plagued
the rights of consumers with respect to their ownership of digital
media.
Specifically, the DMCRA would require producers of digital media to
label any media that has been copy protected or otherwise crippled
in a way that would make that media unusable in certain devices, such
as personal computers, automotive stereo equipment, and other consumer
devices. I believe that consumers have the right to informed consent
with respect to purchases of digital media.
The DMCRA would also codify the right of the consumer to make fair-use
copies of any media they own. For example, a consumer who purchases a
CD should be explicitly allowed and encouraged by law to make copies of
that information for use in his/her automobile, portable diskless audio player,
or other device that may not be able to access that information on its
native media.
I also wish to convey and affirm my belief that it is absolutely wrong
to make copies of information for the purpose of avoiding paying for it.
Supporting this law is not supporting theft of intellectual property. It
is unfortunate that those who would use tools such as personal computers
and peer-to-peer networks to steal information have brought about the
changes in copyright law that have stripped the rights of law-abiding
consumers. It should be solemnly noted that personal computers don't
cause people to steal music just as peer-to-peer networks are not the cause
of piracy. We have seen many new and innovative technologies that have
a perfectly legitimate use in society, destroyed by the idea that it is
appropriate to punish everyone for the crimes of a select few who choose
to misuse those technologies.
There are other benefits to the DMCRA, both for consumers and our society
as a whole, and I emplore you to study this document for all of its merits.
I hope you will co-sponsor the DMCRA and show your support for the
public's rights in digital media. Thank you for your time.
Sincerely,
Politicians aren't average consumers. The only time most of them back consumer (rather than corporate) interests is when they absolutely have to do so.
I highly doubt that any of the major music labels or film companies are too worried about a lack of consumer demand. Sure they whine a whole bunch about pirating leading them to bankruptcy, but I think we all know well enough by now that's just not true.
Hmmm...have I said anything that hasn't been said in at least 100 /. posts thus far? Oh well, screw the karma, I'm procrastinating homework right now.
Anyway, I applaud you for doing the ethical thing. Yes, if everyone else followed your model of boycotting ridiculously over-priced entertainmet, then maybe traditional economics would come into play and movie ticket prices would drop down. But most people do one or both of the following instead:
a) Pirate the movie/music instead
b) Pay whatever it costs anyway
From personal experience, I find that most people pirate movies/music they would have rented/borrowed . And they still pay to see/buy movies/CDs they really want to see/own. Let's face it, Yoda yielding a light saber on your 17" CRT and Altec Lansings isn't the same as watching it on the big screen with theater audio.
So, all in all, we're back where we were at the beginning. Pirating won't stop anytime soon (check out last sunday's userfriendly). The movie & music industries aren't about to agree to all our demands. DRM isn't going to disappear simply due to geek dislike (does your mom know what DRM is?). Instead, let's just try to get the letter of the law placed somewhere in the middle and play it by ear from there.
One copy eh? So if I want to play it on my laptop/car/mp3 player I have to rip it again and again and again?
Copy protection wont work until microphones and speakers are banned. Why bother trying?
Sweet! Autogenerate a message to my rep with an easy to use web interface. Only if all legislation would be so simple, we'd be onto something here. Too often the steps needed to follow up on something like this are a) unspecified b) much more difficult than this. Kudos EFF.
What is music when you despise all sound?
This is not an exercise in futility. This bill would put the freedom of choice back in the consumer's hands. Slashdot is decidedly a very small fraction of the population of the US (especially when you consider all those reading this in other countries who couldn't care less about the DMCA, unless it spreads), most people don't even *know* about the DMCA, or even what it stands for. No, my dad does not know what the DMCA is, but would he buy a CD that says "You cannot play this on some devices, including your Personal Computer"? No. Certainly not, nor I suspect would many other people.
That being said, one of two things could possibly happen (given that most people won't buy crippled CDs if they are informed of them unless there is no alternative): 1) Alternative versions of crippled CDs are available, people buy non-crippled discs. 2) Alternative versions may or may not exist, people who buy the crippled versions become frustrated, a public backlash to the crippling scheme arises.
Mind you, these "crippled" CDs don't just entail "copy-protection", it includes (at this moment, IIRC) any hardware manufacturer that does not build the RIAA's copy protection into its circuits. If Sony decides not to give in, your discman won't play the new Ja Rule CD.
--- What
If it is Endored by the EFF, I assume that means that Hillary Rosen and Jack Valenti will end up blowing on the second deathstar. That could definitely be a good thing...
However, it could be a bad thing if the only song we can listen to in the future is "Yub Yub"
Anyone notice that Yub Yub is "Buy Buy" backwards?
--Joey
1. You need to turn off your heuristics equating "consumer advocacy" with "government controlled market". It's simplistic and plain obtuse.
2. If you think requiring CD labels is anti-freemarket, then you should be SHITTING YOUR PANTS about the DMCA (The Horrible law this new law is trying to fix)
Why you ask?
The DMCA currently makes it a criminal offense (5 years, $250,000 fine) to create, distribute, or sell any technology that might get around a copyprotection mechanism.
Let me further explain...
Say Sony comes out with a new CD format that's encrypted and can only be played on sony equipment, which doesn't allow you to burn copies, convert to MP3, etc.
Let's say, Phillips engineers figured out how to decrypt this new CD format, and they wanted to a sell player for this CD format.
Before the DMCA, this would have been ok.
Now, It's a criminal offense...
That's what happened when some 16 year old Norwegian kid wrote a program to play DVDs on Linux.
According to the courts, THIS is illegal. If you give a copy of this program to your friend, or sell it, you *COULD* be jailed 5 year and fined up to $250,000 in fines...
So far, the MPAA and the courts haven't enforced this part of the DMCA. They've taking a shit load of people to court, even got a lot of injunctions barring people from spreading the Linux DVD player, but no criminal convictions to date. There was a close call with a Russian programmer who wrote a program allowing eBook users to convert thier eBooks to other formats, but the DOJ dropped it.
I don't know about you, but making legitimate technology illegal is about as anti-freemarket as it gets.
Which do you consider more statist, forcing some silly label, or outlawing an entire legitimate technology sub-sector?
BTW, As a libertarian, I'm about as free-market as it gets.
"Communism is like having one [local] phone company " - Lenny Bruce
I just finished calling my local Congressman to tell him that I support this bill and want him to as well.
Instead of writing your congressman e-mail through the EFF's webpage, pick up your phone and call him or her. Politicians respond much more strongly to physical letters and phone calls than they do to e-mails. My Senate rep, Dick Durbin, won't even reply to your e-mail except in snail-mail form, and only if you attach your address to the e-mail when you send it.
You can find your House Rep's phone number by putting in your ZIP code at vote smart's website. Pick up the phone and give him your view on the bill - the person there will write that information down and let him or her know.
I have saved some of my Starcraft replays here
The same thing will happen that happened to the bill that was going to get rid of webcaster fees for small webcasters. Sen. Disney (TM) and Sen. TimeWarner (tm) will amend the bill to do exactly the opposite of what it was originally intended to do. Then theyll have the gall to say "vote for this bill, its EFF sponsored" neglecting to mention that by this time EFF will haveremoved its sponsorship.
"I emplore you to study this document for all of its merits."
other than the misspelling, though, it's a well thought-out and well written letter...
mmm... yeah... You see, we're putting the cover sheets on all TPS reports now before they go out...