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Digital Media Consumer Rights Act
irabinovitch writes "Representatives Rick Boucher and John Doolittle introduced the DMCRA which would to quote the EFF would "require labelling requirements for usage-impaired "copy-protected" compact discs, as well as several amendments to 1998's infamous Digital Millennium Copyright Act (DMCA)." We always seem to complain about the DMCA around here now is our chance to change it! Check out this "Action Alert" at the EFF."
It is good to see that at least some U.S. politicians are trying to protect the right of the consumers.
I'm happy to say that in Holland, policies are a bit more consumer-centered.
How much they can scare Joe Public into sticking with the real thing. We should all pay for music from musicians, if you don't think they deserve it, don't pay, if you don't like their music, don't pay, if you want to listen to a preview, listen to the radio, if you want to buy MP3's online, do that, if you think musicians get paid to much, don't pay, they have a right to charge what they want and to who they want.
:-(
Now on the other hand, we should vote with our wallets and not buy copy protected music CD's that SUCK! especially in cheap ass car CD players...
TQ
I'm not american, I have no money (unemployed), but I want to support this because those laws seem to get exported along with the rest - is there any way I can support this, through sending some letters maybe?
Daniel
Carpe Diem
Oh man we're gonna see just how good the highly paid lobbyists for the content industry are this week ;)
------- "From bored to fanboy in 3.8 asian girls" ----------
This is certainly needed. If I am going to purchase a CD, I don't want to buy a crippled version of the media. Fortunatley, I have not run into this yet and I hopefully can aviod it a little easier via this.
*
troll blacklist. Please mo
While signing the EFF letter is a great place to start, those of us with extra free time should take the time to craft our own thoughts on the issue and send those in as well. Many copies of a similar letter have a strong effect, but original letters show that you _really_ care and will probably remember around voting season.
Past that, we should also, as the EFF states, tell our families and friends about the issue. Not many people care about this currently, because not many people know, and the information sources most people rely upon are more concerned with 5 minute wheather reports than reporting on people's rights being stripped away.
All this is well and good, but do you think we can actually go against the **AA and get this passed? Good luck. "Wishful thinking" comes to mind.
This reminds me of the old quote,
:)
"If pro is the opposite of con, what's the opposite of progress?"
If nothing else, I have to laugh at the proposed name (DMCRA). It's a poignant acronym, with just the right amount of "ha-ha" expected. Once again we have the pols battling it out against each other, with the target result being to counteract each other. For once, I hope this is achieved. To counter the DMCA with the DMCRA would raise my spirits for sure.
Thank you, Rep. Boucher, for raising a subtle yet interpretable middle finger to the DMCA (and for your other clueful work). If ever I meet you, I owe you a drink, and that's a promise
"BSD: Free as in speech. Linux: Free as in beer. Windows 10: Free as in herpes." --Man On Pink Corner in #52607549.
Here's the list, according to Thomas. Note the Rep that withdrew last week, any Slashdotters from RI might want to try to find out why?
Rep Andrews, Robert E. - 1/29/2003 [NJ-1]
Rep Bachus, Spencer - 1/7/2003 [AL-6]
Rep Barton, Joe - 1/29/2003 [TX-6]
Rep Doolittle, John T. - 1/7/2003 [CA-4]
Rep Kennedy, Patrick J. - 1/7/2003(withdrawn - 1/28/2003) [RI-1]
This worries me
We have one section of government (RIAA) working one set of laws to take away digital rights
And now we have another working to attempt to bring them back. Does that make sense?
Putting all the effort into having one continuously working against the other in the hope there's a middle ground that is safe doesn't seem sensible
working departments together would be the best option. I don't see why this can't be done
finally something intelligent happening south of the border & nothing to do. when i sent out letters regarding out lastest tax/copyright levy on recordable media, the response was not good.
- tensions in our lives that are attacking our minds, unite themselves together to make our consciousness blind - op'ivy
All i can say is - about bloody time.
Although I doubt its chances of success - after all, money speaks louder than words. Its definetly a worthy cause worth signing.
-Gwala
sorry, but screw that singular voice, because it's only too predictable whose voice that's gonna be.
there are already enough places where you can't speak your mind and are flooded with regulations bordering the ridiculous.
I think it's worth pointing out that the RIAA isn't a government agency, they're a group that represents major record companies and is lobbying the government to turn the law to their favor.
Ok well obviously a singular voice isn't likely to happen, but, should a true singular voice emerge, it would be the ideal situation. The closer a society gets to sharing the same mindset, the better off it is. And I'm not talking control or limited freedom, I'm talking about a purest form democracy, where the elected (not appointed) leader accurately represents the will of the people.
Once upon a time...
Java rocks!
;-P
Well good luck finding a Java coding position, your best bet is to know, or be able to pretend to know a large number of related technologies, and blag your interview.
Also, if you have been unemployed, potential empoyers see you as some putrid diseased rodent, try and blag yourself a student placement at a medium company, and get paid nothing, to work loads, but will help you tell your next boss you are currently working on some interesting projects.
yey
My parents used to think I was a lefty because of this issue. They couldn't be convinced of why it should be a right to make your own mp3s/oggs, etc. So I started barraging them with story after story of the media interests being unethical and eventually they understood why I feel the way I do. For my dad, a staunch conservative, the CBDTPA was the real catalyst because of its mandate on the entire computer industry. That's when he said enough is enough, the media cartels are socialist parasites.
Click here or a puppy gets stomped!
I just wanted to reply to a recent post about how we need a more comprehensive set of laws in cyberspace. I completely disagree. As far as the Internet goes, it should be under one law, anarchy. No one owns the Internet, no one country has the right to make a law covering all of it. Stop trying to restrict it, and just accept the fact that on the Internet people can be free.
-------
"In times of universal deceit, telling the truth becomes a revolutionary act."
-- George Orwell
By the way, sorry about calling you a leech etc... I am sure you're a swell bloke, and I am only a low down student anyways... so 3 Cheers for Daniel!!! woooooooooooooooo
I'm sure they are trying to fix this...
Right now, it's sort of like this huge country, with stores, residents, jobs, basic laws etc... but no real government to speak of
What? You want to change this? Why?
Right now, many things are illegal, but the laws are deemed unfair, so these things are socially acceptable
Damn straight. And once those absurd laws are gone things will balance out.I don't want the internet to speak with a singular voice. What a horrible thought. That would turn it into network TV or a clear channel radio station.
If Mr. Edison had thought smarter he wouldn't sweat as much. --Nikola Tesla
Make sure to write your representatives. It's the only recourse we have left in this 'democracy' that has gone afoul - The only reason it has gone afoul is that WE (American Citizens, not slashdotters) have allowed it to but NOT writing our representatives. Their title 'REPRESENTative' should say it all. Their SOLE purpose is to represent YOUR opinion to the people that make the laws that govern how our lives are lived. If you don't write - LAWS WON'T CHANGE. The EFF has made this task incredibally easy - They've even written a nice letter and will auto-lookup your representative based on your address. Get your opinion out there. It's our only chance to change the laws of the land we live in.
I'll give you the link again in case you missed it the first time.
Don't Tread on Me
By the law of averages, atleast some of the US senators ought to have some clue about digital media and people's views on them. This legislation is over due and hopefully it will pass and the US will soon have a fair set of digital right rules.
Though I am not a US citizen, I am very much interested in this as most of the laws get exported from the US to other countries.
The RIAA/MPAA lobby machine will start working against this bill and one of two things will happen, it will fail miserably or it will be so watered down as to be unrecognizable and worse will do exactly opposite of its original intent.
"You don't need a weatherman/ To know which way the wind blows" -Bob Dylan: Subterranean Homesick Blues
The closer a society gets to sharing the same mindset, the better off it is.
Yeah, like after Sep 11. What are you thinking man?!?
"The majority, oppressing an individual, is guilty of a crime, abuses its strength, and by acting on the law of the strongest breaks up the foundations of society."--Thomas Jefferson to P. Dupont, 1816.
"Bear in mind this sacred principle, that though the will of the
majority is in all cases to prevail, that will, to be rightful, must be
reasonable; that the minority possess their equal rights, which equal laws
must protect, and to violate would be oppression." --Thomas Jefferson: 1st Inaugural, 1801.
"Of all tyrannies, a tyranny exercised for the good of it's victims may be
the most oppressive. It may be better to live under robber barons than
under omnipotent moral busy-bodies. The robber baron's cruelty may
sometimes sleep, his cupidity may at some point be satiated; but those
that torment us for our own good will torment us without end, for they do
so with the approval of their own conscience."
- C.S. Lewis
I've had enough abrasive sigs. Kittens are cute and fuzzy.
By legislating standards by which fair-use impaired proudcts are created, aren't we then giving fair-use impaired products our blessing?
Music wants to be free.
I live in the UK and until two weeks ago boycotted DVDs - I didn't own a single one. I broke my boycott for reasons unrelated to this argument.
What is pertinent is that DVDs are labelled in this country - they have logos on the rear of the covers that indicate region protection, macrovision etc. and people still buy them.
I don't know what you guys in the US have on your packaging, but over here ours are labelled already and the consumers don't care.
Here's a link to a PDF version of the bill on the HoRep's website (It's H.R. 107 in the 108th Congress): Proposed bill. Of interest is what the last two pages have (the rest is just deliniating what mislabeling of a copy-protected disk is and punishable for) -- while it goes in the right direciton for fair uses, it still leaves open the question of "significant noninfringing use" of a hardware/software product, getting us right back to the VHS case. Also, interestingly enough, note the header on the PDF file: it's based off an XML document, apparently, so I wonder how much Boucher's office has adopted to technology, or if the HoReps now has a nice XML/DocBook type of technology for building up new bills.
"Pinky, you've left the lens cap of your mind on again." - P&TB
"I can see my house from here!" - ST:
The last few CDs my girlfriend bought (I, *ahem*, have abstained from buying lately...) had no Compact Disc logo anywhere on the exterior packaging. The logo was there, but it was stamped into the inner plasting molding of the CD tray, in the top-right/bottom-left corners. No ink was used, very small.
It's a trend I've noticed. No way to check the actual logo until after you've opened it... which of course means you cannot return it anymore.
I've often wondered if they (you know, they) have been minimizing the prominence of the CD logo in case they want to switch to I Can't Believe It's Not CD, or something.
If Jesus wants me it knows where to find me.
You are right in that this fraud must be prevented.
All that this requires is existing fraud legislation be brought to bear against these bogus CDs -- libertarians do support opposing the initiatiation of force or fraud.
Now, while legislation can provide safety from fraud allegations to those who would peddle such defective product, clearly marked, it should not require such marking. Here's why: this would lead to government "testing" of CDs to see if they were crippled and in need of such a mark, which costs the producer of the clean CD, harming them economically. Such people do not need such testing -- they know their CDs are clean, and need not fear fraud suits from their customers.
You could've hired me.
Clearly, when I think of the choices between forced abotion via a one child policy, and a DMCA, I just think of China as a bastion of freedom and human rights. Hell, when I realize that the US system had trouble breaking a tie in 2000, I often think that China's system of government seams appealing...
Sorry, the DMCA has some good provisions, and some horrid provisions. However, all-in-all, the US human rights record is pretty solid, despite what some anti-American lefties seem to think.
Alex
Spencer Bachus, my representative, is also cosponsoring the bill. This is a real turnaround for him, as he has usually voted for whichever side of the issue is commercial. We've had several e- and snail mail arguments about electronic freedom issues, and his cosponsorship of this bill demonstrates that he is doing just what his job title indicates - representing.
A big attaboy to my man Bachus for pitching in on this! Let this be an inspiration to anyone else out there who believes that getting involved is hopeless - if you speak, they will listen.
"Ok well obviously a singular voice isn't likely to happen, but, should a true singular voice emerge, it would be the ideal situation. The closer a society gets to sharing the same mindset, the better off it is."
I'm sorry, but I must strongly disagree with you on this one. When a society shares the same mindset, that society no longer has individuals capable of seeing other viewpoints, much less thinking about them. This scares me. I want a diversity of mindsets so that any question/problem/idea can be tackled from as many directions as is humanly possible. Makes for much more interesting and fruitful discussion, IMHO.
"And I'm not talking control or limited freedom, I'm talking about a purest form democracy, where the elected (not appointed) leader accurately represents the will of the people."
IMHO, the best possible situation in our current system of government is a leader that, while everyone may not *agree* with, they respect and support their leadership because they know that the leader accurately represents the *interests* of the people, not necessarily their will.
Catch y'all later,
-cajunfj40
Congresscritters have a talent for tacking on things to bills at the very last moment, I have a feeling this bill is not going to weaken the DMCA, but in fact strenghten it beyond what we already fear! The worst part would be that the RIAA and company could now claim that everyonw wants the controls and such, since there was such a groundswell of grass roots support, courtesy of the geeks!
Originally, fascism was the unification of the government and business. While the Communists nationalized industry, the fascists left it in private hands but supported it with the government.
The RIAA, and other business groups looking for help really want our government to slowly become a bit more fascist.
Such a shame that few people understand and respect liberty, and are willing to eliminate personal liberty to do what they think is right. The GOP tends to slip towards fascism when they run out of ideas, the Democrats slip towards socialism... the Libertarians speak out for liberty, but they keep letting cooks talk...
Alex
Presumably, in a perfect government the executive branch should act harmoniously to implement the decisions made by the lawmakers. That doesn't seem achievable, however, and I think it's healthy that there's some resistance to implementing controversial decisions. I don't think I would ever want to live under an efficient government :-)
DMCRA vs. DMCA issues aside, an acronym is really an abbreviation that can be pronounced as a word, like SCSI or LASER. The only way I thought of pronouncing DMCRA is DeMoCRA(cy), which is what this should be all about!
Escher was the first MC and Giger invented the HR department.
To be more precise: if someone, You for instance, can supply solution that will cease lobbyists activity and in the same time make community happy - offer it.
Meanwile all we can do is to apply our force so that oscillation move in our favor.
I'm not a brake. I'm an accelerator. Just a slow one...
While it is NOT legally required to describe what copy protection shite you've put on a disc, Philips has correctly and vigorously defended their trademark.
If it says it's a CD, it doesn't have copy protection. If it says it's a CD and has copy protection, then they're violating Philips' trademark, and can expect a call from the lawyers. Very simple, and no new legislation needs be introduced.
Unfortunately, nobody reads labels like that anyways.
"People who do stupid things with hazardous materials often die." -- Jim Davidson on alt.folklore.urban
One of the points they mention in their act is the modification of the DMCA so that it allows copy protection to be broken for fair use purposes.
I vaguely recall, during one of the DVD cases, that it was stated in court that the DMCA does NOT forbid breaking copy protection for fair use at the moment.
The PROBLEM is that it forbids distribution of tools for breaking copy protection, regardless of what they will be used for. Having permission to break the protection for fair use is no good unless you are actually able to do it, and unless the tools are distributable very few people who wish to make fair use will be able to.
This is exactly the problem that came up in one of the appeals in the DVD case; that it is not sufficient to simply ensure that people are permitted to make fair use, because even if they have permission, "nothing in law obligates manufacturers to make it easy for people to exercise fair use rights" (paraphrased from the appeal verdict). Thus, they can simply make it so hard that the vast majority of people can't do it, and the tools distribution clause will prevent people who CAN do it from helping others do so.
To ensure fair use, the proposed act would have to include a specification that no IP owner must unduly impede the exercise of fair use rights, technologically or otherwise. If technology is too restricted at the moment to do this without losing protection against illegal use then, well, they're big companies with big bucks: they can innovate new technology, or at least sponsor others to do so. (At the moment, such technology is unlikely to ever get developed because it's actually to the firms' advantage for it not to be - they can carry on getting away with blocking everything.)
With the warning labels, then music with the 'explicit lyrics' label...
In another few years, there'll be so many warning labels we'll have to play 20 questions with the clerk to figure out what's in the box.
Is it known in the state of California to cause drowsiness?
No.
Is it car headlights?
No, that would be known in the state of Hawaii to cause blindness.
Oh yeah. Umm...
Keep your packets off my GNU/Girlfriend!
what a moron everyone reading slashdot knows that, its fucking obvious u fucking idiot
I would love to see the licence requirements of these Philips/Sony "CD/CompactDisk" logos. Then I will believe what you said, but unlike truth, what you said is merely assumed truth untill you supply us with real facts. Like what CDs have copyrights and this logo, and supply us with the ability to read the license bound by these logos.
Anonymous Cowards - Oh God, How I hate you
The DMCRA is just a little too close to DMCA. I mean seriously, the r key is right above the a key. It looks like a typo!
What it needs is another couple of letters on the end. How about c and k? C could stand for 'concerning' and the k could stand for... well shit, I'm not that intelligent so I'll get to the point. I just want the acronym to be 'DMCRACK'.
Just remember folks, the quid pro quo announced two weeks ago between the BSA and the RIAA means that the tech giants are obligated to help the music industry defeat exactly this kind of legislation.
While bills like this are fun to read, they have effectively no chance of becoming law because the chips you buy from Apple and the salsa you buy from Adobe and Time Warner keep the the bars of your cage strong.
You have three choices:
1) Stop funding anti-human corporate monsters.
2) Eject money from politics (good luck).
3) Give up your pathetic, futile strivings for freedom and accept once and for all the yoke of your corporate masters.
- Glin
You open the case, the CD logo is there. All is well in the world.
You open the case, no CD logo to be found. You go back to the store and return the CD because there's no chance you duped it. It's copy-protected, remember?
blog
Looks like the site's slashdotted. Which brings up an interesting point...Why is the EFF's action alert server running IIS? You'd think of all the organizations out there, the EFF would know better.
For those in the crowd who are uncomfortable with these tactics, just remember, the other side has been doing this for years, and have no problem with continuing. We didn't start this war, but if we don't start getting in the trench and fighting the battle as they are, we are sure to lose it.
So maybe we need the United Support of Artists via Free Legal Access to Great music act. Then its opponents can be easily bashed as unpatriotic. You don't want to be a FLAG burner, do you? Fox News would love it.
sulli
RTFJ.
I would argue that big music companies have much _more_ control over the radio than in the past, due to consolidation and indie promoters.
Rather than shopping a single around to multiple radio stations, Record company spends +$1MM per single in "promotion fees" to independent promoter, ==> Indy gives corporate behemoth-owned radio station free tickets, promotional van, anything else that glitters, ==> Radio station plays song incessantly.
I agree that listeners drive advertising. But it's probably a chicken/egg argument, though, because so few corporations own so many stations, there is really a limited choice for listeners. Which favors the few big record companies, which gives them a lot of control.
BTW, Clear Channel owns multiple stations in the same market. And they also own at least one indie radio promoter as well as concert venue promotions, which makes it really hard for the little record co.
Who put this thing together? Me, that's who.
"I can find a lot of fault with what Congress did," Justice Sandra Day O'Connor said. "This flies directly in the face of what the framers of the Constitution had in mind, but is it unconstitutional?" Although the Supreme Court did not find retroactive copyright extension unconstitutional, there is no doubt that Congress strayed from the spirit of constitution. Copyright has become extremely unbalanced and biased towards monied interests. Many of whom have made their most valuable content off of the ever shrinking public domain.
Congress has a responsibility to right this situation and the Digital Media Consumer's Rights Act (DMCRA, H.R. 107) is a step in the right direction. 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.
nuff said
They say the first thing to go is your penis. Well, it's either that or your brain. I forget which...
One good point about living in the Netherlands (aka Holland) is the strict rules for contracts. EULA's and such are not enforceable, unlike the US. The contract must be (clearly) shown in advance of buying a product, you cannot be confronted with it later.
The Drowned and the Saved - Primo Levi
I tried suggesting to Rick Boucher's campaign committee that a lot of people would like to contribute to his campaign if only they could do so electronically. Unfortunately there was no response.
Miko O'Sullivan
The full text of the bill can be found here.
Civil disobedience will do more to end the DMCA and the abuse of copyrights than all the other stuff combined. I really love the EFF, but they are wrong - the system will not change unless we force it to from the outside.
For real results we must do everything in our power to ignore, blow-off, disobey, disrespect, and encourage others to not accept copyright monopolies inspite of all the cheezy guilt trips and threats that they have laid on us.
In fact, how do we know that this is not a trick by the RIAA only to distract us from a much more effective solution, e.g. civil disobedience of copyright law?
I really love the EFF, but we are crazy to think that this can be solved from within the system. For God sake, it is the RIAA's abuse of the system that has gotten us here to begin with. Nothing has changed. They are the ones inside the pocket, not us; they are the ones who are masters of playing the game, not us; If we play on their turf, we'll be screwed.
They are still witch hunting and fear mongering millions of teens who listen to music on the one hand, and still going full blast to toss out the 1st and 4th amendments on the other. Sorry, but these are not people who play by the rules. Yep, Their ways have made it quite clear that we only have one real option, and that is for all of us to ignore, disobey, and blow off copyrights whenever possible. These people are playing an all or npothing game, if we don't accept that and act accordingly we will only hurt ourselves.
IANAL, so correct me for any errors.
In China copyright of corporate works last for 50 years, so many classic movies like Casablanca are mostly in the public domain (except maybe for the Chinese translation, etc.), therefore they are cheaper (15 - 20 yuan, or $2 - $3).
Newer movies usually cost 30+yuan ($4), or even over 60 ($8).
.... are rarely accountable to the people.
That is tru for the Netherlands, China, Tonga, the US or the EU.
Stop whining like if it was a unique feature of the EU.
IANAL but write like a drunk one.