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Ask Prof. Felten About DMCA's Effects

Princeton Computer Science Professor Edward W. Felten has been mentioned and quoted frequently on Slashdot, usually about DMCA matters and, more recently, about new state laws that may make it illegal to use "unapproved" networking devices, VPNs or firewalls with your home or office Internet connection. Please avoid questions that can be answered by reading the pages linked to here or with a bit of Google research. We'll post Prof. Felten's answers to 10 of the highest-moderated questions as soon as he has time to answer them.

169 comments

  1. Just one question by ites · · Score: 4, Interesting

    Do you believe the evolution of our technologies (such as the Internet) are more under control of restrictive commercial interests today than in the past, or has this always been a feature of technological change?

    --
    Sig for sale or rent. One previous user. Inquire within.
    1. Re:Just one question by dsplat · · Score: 2, Interesting
      Do you believe the evolution of our technologies (such as the Internet) are more under control of restrictive commercial interests today than in the past...?


      I liked your question and I thought I would take a stab at it because I think that there are competing forces at work. Ignoring some of them to answer the question may overlook important facets of the answer.

      I doubt that anyone could dispute that the overwhelming majority of computing is done with commercially available software. A huge driving force in software development is viability as a commercial product.

      But the widespread availability of Internet access has also made participating in open source projects a real possibility for people who never would have had the opportunity a decade ago. It has also made it impossible for a single company to completely control the direction in which the technology develops. Simply put, Microsoft was not a pioneer on the web and neither Intel nor IBM decides the future direction of PC hardware.

      Big corporate interests have a huge influence on technology. Their budgets underwrite the products that are being developed and some of the research being done. Theirs is not the only voice. If it were, I would be very alarmed. As the situation stands, I feel comfortable with them as neighbors, even when I have to chase their dog off my lawn a couple times a week.
      --
      The net will not be what we demand, but what we make it. Build it well.
    2. Re:Just one question by JourneymanMereel · · Score: 1

      Big corporations have always been trying to control the evolution of new technology. For example, in 1984 Universal Studios tried to get the VCR banned. I think the real question is: are laws such as the DMCA aiding large corporations in controlling technological advancements or are they largely ignored?

      --
      Life has many choices. Eternity has two. What's yours?
  2. From your discussions with them ... by burgburgburg · · Score: 5, Interesting
    do you perceive that legislators are aware of the extraordinarily broad negative implications of these new telecommunications laws that are being proposed/enacted?

    Also, if you are aware of it, have the hardware/software manufacturers who will be affected joined together to fight these laws, or has it flown under their radar?

    1. Re:From your discussions with them ... by tolarianacademy · · Score: 2, Interesting

      Elaborating on burgburgburg's question, what is the distinction between a company who has chosen to enjoy a new, more controlled, more constricted environment, and those who desire a more natural, free one?

      Is there a tell-tale characteristic consistently associated with a company's policy on this sort of thing?

  3. Hey, you're a teacher, right? by Skyshadow · · Score: 3, Insightful
    Given that the things we need to do in our jobs will be illegal in a couple of years, (a) which other fields would you recommend getting into and (b) when should we start going to the local tech school to pick up the training we'll need to make it in our new careers?

    Better yet, are there any other countries that have eqivalent programs to our H1-B system? I could always go live as an indentured servant to an American software company overseas.

    If this fall through, however, I have dibbs on learning to rebuild engines for a living.

    --
    Every year during my review, I just pray the words "slashdot.org" aren't mentioned.
    1. Re:Hey, you're a teacher, right? by FortKnox · · Score: 0, Offtopic

      You are waaay overreacting.
      Given that the things we need to do in our jobs will be illegal in a couple of years

      What exactly do you do at your job that will be illegal in a couple of years?

      --
      Good quote, too many chars. Seriously, the slashdot 120 char limit sucks!
    2. Re:Hey, you're a teacher, right? by Illuminati+Member · · Score: 1

      which other fields would you recommend getting in
      How about 'drama'?

      --
      Yeah, I'm a Republican AND a geek. It is possible.
    3. Re:Hey, you're a teacher, right? by sconeu · · Score: 1

      Sorry. Engines are computerized.

      --
      General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
  4. What sort of positive legistlation? by Viperion · · Score: 5, Interesting

    Dr. Felten, do you have an suggestion as to what sort of legistlation could be introduced that would soothe the minds of reactionary lawmakers while preserving the rights that we currently enjoy?

    1. Re:What sort of positive legistlation? by Anonymous Coward · · Score: 1, Insightful
      .44 Magnum Slugs, hollow pointed. You can soothe their minds when they're plastered all over the wall behind them. Same goes for the RIAA and MPAA.

      Flamebait, sure, but it does make me wonder how far we'll allow politicians to damage both our freedom and our ability to earn a living at the behest of their corporate masters.

      Unfortunately, I think this willingness to bend over and take it is reasonably high; the fact that guys like Ken Lay are still walking around indicates that the number of nuts per thousand is lower than I generally suspect it is.

      Still, if you voted to extend the DMCA, for one of those UCITA bills or supported the H1-B program or any other bad policy that's going to result in a loss of tech industry jobs among Americans in the middle of this recession, you should probably be worried. I suspect you can only push a group of people so far before individual members start identifying you specifically as the cause of their problems.

  5. I'm assuming he can spell... by neurostar · · Score: 1

    Priceton Computer Science Professor Edward W. Felten...

    Can he spell the name of his school better than Roblimo can?

  6. Spelling? by mrybczyn · · Score: 3, Funny

    Dr. Felten, how do you feel about the lack of spellchecking by Slashdot authors? Is Priceton(sic) an interesting workplace?

  7. Re:Priceton by rbolkey · · Score: 1

    wow, just looked it up, it's $38k now, I guess it was needed.

  8. Will ISPs exercise more restrictove TOS now? by frdmfghtr · · Score: 4, Insightful

    The ability to share a high-speed connection with all the computers in the same household is one of the selling points of broadband, much as the ability to provide analog cable service to all the TVs in a house.

    Do you see ISPs taking advantage of the new rules to force customers to purchase additional IPs to connect all the machines in the house, or will they recognize one of the selling points of broadband and permit multiple PCs on a single cable modem?

    --
    Government's idea of a balanced budget: take money from the right pocket to balance...oh who am I kidding?
    1. Re:Will ISPs exercise more restrictove TOS now? by bucketoftruth · · Score: 1

      This came up in a conversation with some friends of mine. I read over the comcast TOS and couldn't find anything stating it was illegal to use a firewall/router. In fact, there was language in the TOS that suggested all users employ a firewall device or software for their protection.

    2. Re:Will ISPs exercise more restrictove TOS now? by cyphergirl · · Score: 2, Interesting

      To go one step further: I wanted to setup a network at home and didn't want to be hassled by Comcast, so I called them to actually purchase two more IP addresses for a whopping $6.95/month each. I spoke to two different reps (because I didn't believe the first one) and they both told me the same thing.

      "If your computer doesn't need a real-world ip address, purchase a Linksys wireless router and set them up behind NAT. There is no need to purchase additional IPs from us unless your computer needs a 'real' ip."

      I know others who were told the same thing (here in Maryland). So there you have it... Comcast is actually *telling* it's customers to put in a router & NAT.

      --
      --Insert catchy .sig line here--
    3. Re:Will ISPs exercise more restrictove TOS now? by Sabalon · · Score: 1

      First off - the only readon it would need a real-world IP is if you are running a server. (okay...maybe netmeeting or something)

      I was told the same thing by the installers from Charter - unoffically. They suggested the linksys before I showed them the linux firewall.

      The head doesn't know what the tail is doing.

    4. Re:Will ISPs exercise more restrictove TOS now? by JourneymanMereel · · Score: 1

      I suppose it really does depend on the ISP, but I've been talking online with many people and they all state that their broadband ISP's allow multiple connection via NAT. This prompted me to see if mine did too, and sure enough, they do. In fact, they'll even sell you the kit to do it and provide support.

      --
      Life has many choices. Eternity has two. What's yours?
  9. Network Identity by Rick.C · · Score: 5, Interesting
    One of the rumored new restrictions is that you may not mask the identity of a network connection. In your opinion, does this refer to the identity of each machine or the identity of the subscriber (who might be responsible for several machines behind a firewall, e.g.)?

    In other words, are we talking about "people" or "boxes"?

    --
    You were 80% angel, 10% demon. The rest was hard to explain. - Over The Rhine
    "Math in a song is good."-Linford
    1. Re:Network Identity by jfmiller · · Score: 1

      Disclamer: IANAPhD

      With all due respect ot the previous reply to this post, I would like to disagree and State that "people" or more accuratly Accountibility is what is covered.

      I agree that the letter of the law makes many of the common network devices like NAT's and Firewalls appear questionable. I believe the intent of the law and therefore (it can be hoped) the statutes that will be made will cover accountibility.

      I believe the intent of all this is to ensure that there is responcibility for the actions individuals and esp. companies take in our new "wired society." these laws make it illigal for someone to use technology to avoid accountibility. (Think about Spamers and how they use technology to hid their identity)

      In the end, what I (and the public) want to know is not how many boxes you have behind your DSL/Cable modem, but who is responcible for the DoS attack on my sight or the Spam in my Inbox.

      JFMILLER

      --
      Strive to make your client happy, not necessarly give them what they ask for
    2. Re:Network Identity by Anonymous Coward · · Score: 0

      One of the rumored new restrictions is that you may not mask the identity of a network connection. In your opinion, does this refer to the identity of each machine or the identity of the subscriber (who might be responsible for several machines behind a firewall, e.g.)?

      As a followup question, isn't a law which is so ambiguous unconstitutional under the Due Process clause?

  10. Feasibility? by Wakko+Warner · · Score: 3, Interesting

    Do the states enacting these (IMO, bogus) new laws have any idea of the amount of economic damage they could cause? Every place I've worked has used some sort of firewall or VPN technology. Billions of dollars' worth of financial communications and transactions take place over such connections every day. Replacing them or removing them entirely is not an option. Will corporations be overlooked when it comes time to enforce these laws, making them just another tool home-user ISPs can use to enforce Terms Of Service clauses? Or will life become infinitely more complicated for everyone?

    - A.P.

    --
    "Remember when the U.S. had a drug problem, and then we declared a War On Drugs, and now you can't buy drugs anymore?"
    1. Re:Feasibility? by Musashi+Miyamoto · · Score: 1

      In almost all cases, the broadband connection providers have an option to allow a VPN or firewalled connection. However, it almost always is an additional cost and is listed as a "business" connection.

      They often have a per-computer charge or a maximum number of devices or computers that are allowed to connect.

      It usually costs significantly more than a regular connection.

  11. Re:I'm assuming he can spell... by fgn · · Score: 0

    Knowing the cost of Princeton... I think Roblimo spelled it correctly

  12. Tell me... by Dicky · · Score: 5, Interesting
    For the love of God, man, why???

    Or to put it slightly less sillily, what was (and is!) your motivation for getting involved in this side of the Computer Science world, say, as opposed to the nice safe, clean theoretical stuff?

    --
    Paranoia isn't an infectious condition, it's a way of life
  13. unauthorized devices by smoondog · · Score: 4, Interesting

    Many proposed (anti-vpn) laws have been discussed on slashdot recently. Given that many of these laws only cover unlawful devices, should we still be concerned about this new so called anti-vpn legislation?

    -Sean

  14. Hoist by their own petard (can they be?) by Anonymous Coward · · Score: 0


    How can we use "their" laws against "them"? Or would you even advocate such a thing.

    It is easy to ask others to make the hard decisions, do you make them yourself? Do you avoid feeding the machine your money?

  15. Intent Vs Effect by phorm · · Score: 4, Interesting

    Do you think that these laws - especially DCMA - ever had an intended "positive" effect. That is, were the ever really intended to deal with existing copyright problems, piracy, etc... or were they always intended to clamp iron teeth of control down on the consumer.

    Some of the provisions of these laws, especially those being so easily misinterpreted or misused, seem to not have any practical intent other than taking rights away from the consumer.

    Looking at the original intent of the laws (and hoping it wasn't as bad as they have turned out), what do you think went wrong, and what can be changed?

    1. Re:Intent Vs Effect by usotsuki · · Score: 1

      The answer is secession; it is time to declare independence from the Bush régime and start our own nation free from US control.

      -uso.
      No, I'm not kidding.

      --
      Dreams, dreams, don't doubt dreams, dreaming children's dreaming dreams. Sailor Moon SS
    2. Re:Intent Vs Effect by Anonymous Coward · · Score: 0

      Let's join Canada!

    3. Re:Intent Vs Effect by usotsuki · · Score: 1

      Nah, Canada's got problems of its own. *g* But at least they're closer to my goal for the US than the US will ever be...

      -uso.
      In Soviet Russia, all our base are belong to YOU!

      --
      Dreams, dreams, don't doubt dreams, dreaming children's dreaming dreams. Sailor Moon SS
    4. Re:Intent Vs Effect by Gordonjcp · · Score: 1

      Another question - As the US descends into a dystopian hellhole thanks to greedy corporations, corrupt politicians, and the general unsustainability of right-wing political viewpoints, how much would you pay for a two-bedroom house with two acres and broadband in the Scottish Highlands?

    5. Re:Intent Vs Effect by usotsuki · · Score: 1
      As much as I could possibly affo

      NO CARRIER

      --
      Dreams, dreams, don't doubt dreams, dreaming children's dreaming dreams. Sailor Moon SS
  16. Prohibition of what got us here? by Xesdeeni · · Score: 5, Interesting

    Do I completely misunderstand the scope of the DMCA, or would it have actually prohibited the actions of clone manufacturers, starting with Compaq, when they reverse-engineered the IBM PC BIOS in 1984?

    It seems this simple fact alone would highlight the ludicrous nature of a law which would prohibit precisely the actions that provided the current state of the industry.

    Xesdeeni

    1. Re:Prohibition of what got us here? by SiliconEntity · · Score: 1

      Do I completely misunderstand the scope of the DMCA, or would it have actually prohibited the actions of clone manufacturers, starting with Compaq, when they reverse-engineered the IBM PC BIOS in 1984?

      Are you aware that the DMCA specifically allows reverse engineering for the purpose of compatibility?

    2. Re:Prohibition of what got us here? by falsified · · Score: 1
      He obviously wasn't, which is why he asked the question. There's no need to phrase your "answers" in such a bitchy answer when someone asks an interesting, fairly important question.

      --
      HI, MY NAME IS ISAAC.
    3. Re:Prohibition of what got us here? by davecb · · Score: 1
      This concern was raised at the time and appears to have caused the insertion of a clause allowing doing so for interoperability. Alas, in law one cannot escape prosecution for breach, one simply has a defense if you take the risk of proceeding.

      In my considered opinion, the exception was not intended to function, from which it follows that the intention is to prevent the reverse-engineering of future IBM PCs.

      --
      davecb@spamcop.net
    4. Re:Prohibition of what got us here? by mivok · · Score: 1

      I for one wasn't, but to quote an example where I believe this hasnt applied - removal of copy protection for the purposes of compatibility (playing dvds on linux).

      If the above example is wrong in some way, then would that provision allow the development of an open source driver for SD cards for the sharp zaurus SL-5500 for use in openzaurus, assuming of course that it was reverse engineered and not obtained by other means? Because this would be specifically for the purposes of compatibility, and something in which I hold great interest.

  17. Re:I'm assuming he can spell... by Roblimo · · Score: 1

    Thanks for noticing. Corrected.

    - Robin

  18. A simple one. by g(zerofunk.org) · · Score: 3, Funny

    Will any of these questions be on the final exam?
    g

  19. Re:I'm European... by sqlrob · · Score: 1

    DMCA is based on a WTO regulations and treaties.

    You're next.

  20. Im Curious by Cheapoboy · · Score: 2, Funny

    With the paper you wrote in the similarities between poker and nuclear war what is your view on the current ira.... oooh wait Prof. Felton not Prof. Falken... well shit that blows all my questions on how Joushua's AI works too... my bad.

  21. Re:Priceton? by Anonymous Coward · · Score: 0

    ...and of course it's slightly more price-y.

  22. Re:I'm assuming he can spell... by Anonymous Coward · · Score: 0

    You're a twat, Roblimo

  23. Signal to Noise by sterno · · Score: 4, Interesting

    One of the problems I see with efforts to try to get the DMCA and similar legislation revoked and prevented in the future, is a matter of signal to noise. Most voters don't care about the DMCA or even know about it, and those who do usually have to worry about more important priorities like the state of the economy or the war in Iraq. So, my question is, how can we possibly make the DMCA and it's kin important issues to our legislators? Sure, I can write them, but if they are given the choice of voting for the DMCA and getting some campaign money, or voting against and pleasing a handful of constituents, which will they choose?

    It's unlikely that the handful of consitutents is going to vote against the candidate purely because of their DMCA stance. Personally, I'm very against the DMCA but when the election time comes around, I'm not voting for the anti-DMCA candidate, I'm voting for the guy who's going to fix the economy and patch our international relationships. So how can somebody like myself really get their voice heard by the right people when the threat of "voting for the other candidate" isn't credible?

    --
    This sig has been temporarily disconnected or is no longer in service
    1. Re:Signal to Noise by #!/bin/allen · · Score: 1

      I've heard rumors about Supremes retiring. Are there any judges or prospective judges out there who fit the administrations definition of conservative (Anti-Abortion, Pro-Business) that have a positive feeling for privacy or limited intellectual property? Is it possible to be Pro-Business and in favor of the rights of private citizens?

      --
      sed 's/commun/terror/g' mccarthy > bush; sed 's/terror/saddam/g' bush > bush_wacked
  24. What's it gonna take? by InterruptDescriptorT · · Score: 5, Interesting

    Professor Felten,

    What's it going to take to get not only our legislators in their infinite wisdom, but the general public, to see the deleterious effects that DRM enforcement efforts and laws like the DMCA are/will have on both the entertainment and computer industries and our rights in general?

    From experience, it's pretty difficult to explain exactly why the DMCA is so awful to the average person--it's very hard, for me at least, to provide a 60-second explanation of why I should be able to open up my digital VCR and find out how the software controlling it works, or why it's so bad that there's copy protection on a CD, rendering it useless for playing in a computer?

    Perhaps if I could find just the right way to frame the argument, and get that message out, we might have some more people concerned about these matters.

    --
    Karma: Excellent Birds (mostly as a result of listening to Laurie Anderson)
    1. Re:What's it gonna take? by Thing+1 · · Score: 1
      From experience, it's pretty difficult to explain exactly why the DMCA is so awful to the average person--it's very hard, for me at least, to provide a 60-second explanation of why I should be able to open up my digital VCR and find out how the software controlling it works, or why it's so bad that there's copy protection on a CD, rendering it useless for playing in a computer?

      I have two answers.

      1. The car analogy: these laws are like laws which would require manufacturer to weld the hood of your car shut. You wouldn't be able to "look under the hood" for any reason -- not even changing the oil yourself, adding wiper fluid yourself, or rebuilding a carbueretor yourself. Granted, not everyone would do the latter but I think most people would "get it" with the wiper fluid -- having to pay $50/hour for a mechanic shop to "break the seal" of your hood, add some water, then weld it back shut again.

      2. The computer industry analogy. As another poster stated, if we had had the DMCA back in 1984 when Compaq was cloning the original IBM PC, IBM could have sued and we would not have the breadth and depth of computer industry which we currently have.

      --
      I feel fantastic, and I'm still alive.
  25. Internet radio by hafree · · Score: 4, Interesting

    The root of all of the recent controversey surrounding royalties and licensing for internet radio (CARP) stems from an incorrect definition in the 1998 Digital Milennium Copyright Act (DMCA). It fails to differentiate between downloaded and streamed audio content as it pertains to internet radio. From a strictly technical standpoint there isn't much difference. The data being transmitted over the internet to your computer is pretty much identical; downloading just implies that you save a copy. However from a legal standpoint, streamed content is the equivalent of a public performance or broadcast, whereas downloaded content constitutes a distribution of that recording. This makes all the difference in the world when it comes to copyright laws, since the labels making up the RIAA (the copyright holders) should not even be entitled to royalties from internet radio in the first place.

    A seemingly benign oversight in the wording can have major implications. Do you forsee significant changes/corrections to the DMCA along these lines? Why or why not...

    1. Re:Internet radio by apweiler · · Score: 2, Informative

      From a strictly technical standpoint there isn't much difference.

      And this is the problem, and IMO a reason *not* to differentiate between the two - how can you make sure that no copy is being saved if you can't 'trust' the client that is downloading the content? To really make a difference, you need a working DRM-type system (which doesn't neccessarily mean it has to be protected by law); if you don't want DRM, it's *always* possible to reverse-engineer the protocol and record the content (case in point: ASFrecorder, a tool available to record Windows Media streams - which I do not actually use to 'pirate' streamed content, whatever that would mean, but to watch high-quality content on a low-bandwidth link).

    2. Re:Internet radio by hafree · · Score: 1

      You certainly have a valid point, which is probably a major factor in why there is no differentiation. However it is important not to confuse the laws about the use of a technology with the technology itself. Any home stereo with a radio and a tape deck will likely come equipped to record off of the radio; where's your DRM there? The individual that created the recording is now technically responsible for creating that distribution of the recording, but that doesn't change the fact that the original FM broadcast was in fact - a broadcast. Stronger DRM technology may help clarify the gray areas involved here, but don't forget that if sound is coming out of your speakers, it can be going into a tape deck just as easily. Sometimes DRM circumvention is just that simple. (Arguments about digital-to-analog conversions omitted.)

  26. Chinese bueracracy by Anonymous Coward · · Score: 1, Interesting
    In ancient times, the Chineese found that the combination of a zillion restrictive laws + selective enforcement gave them the tools to keep the population cowed.

    Everyone was a potential criminal, and if they crossed the PTB, it wasn't hard to find some law that they had broken to charge them with.
    Conversely, it's easy to get the minders to look the other way as long as you have the money to grease the right palms. (Hope you didn't invest in Enron or Tyco, mate!)

    That is exactly what we're getting into now with the American empire. We haven't had a "president" that respected the constitution since the days of Dwight Eisenhower. And the interminable war on drugs could only have been thought up by George Orwell.

  27. Roadblocks to IP protections? by Xesdeeni · · Score: 5, Interesting

    Doesn't the DMCA prohibit a company from investigating a violation of their IP if the violation exists on the other side of encryption?

    For example, if company M utilized a software algorithm (putting aside the argument about software patents for the moment) inside an encrypted data stream (audio file, video file, etc.) that was actually patented by company A, wouldn't it be a violation of the DMCA for company A to investigate this violation of their patent rights? And wouldn't any evidence they uncovered in violation of the DMCA be inadmissible if they tried to enforce their patent rights against company M?

    Xesdeeni

    1. Re:Roadblocks to IP protections? by Anonymous Coward · · Score: 0

      At least in FL this would appear to be protected. Of course this is left vague enough to go either way.

      "18 (11) This section does not apply to any state or local
      19 law enforcement agency, any state or local government agency,
      20 municipality, or authority, or any provider of communications
      21 services, lawfully acting as such in accordance with any other
      22 state or federal law."

    2. Re:Roadblocks to IP protections? by Anonymous Coward · · Score: 0

      You are a shithead. He said nothing about the government performing the investigation.

  28. Blanks and Politics by SolemnDragon · · Score: 4, Interesting
    To what extent do you feel that restricting the ability of the common public to log on as 'blanks' (to borrow a Max Headroom term) will limit the possibilities for new ideas to become part of the marketplace/society, given that freedom to express, explore, and freely interact encourages both the best and worst forms of innovation? For example, hacking at its best enables a company to be informed of the latest flaw in their system, while at its worst it can down that system completely.

    Wiping out the ability to enact from behind a firewall will in some cases force the individual to assume social responsibility for their actions, and in others, it could cause a perfectly harmless but useful and constructive citizen to not want to take part. (the way that i don't want to fly on an airline that checks my credit info every time i try to board a plane.) In short, do you view this as a critically restrictive measure where society's NEW ideas come into the picture? Are we in danger of alienating the very people who would be responsible for future innovation of everything around us? I'm one of those who would be alienated, because I view this as an inalienable right to privacy.

  29. DMCA and EUCD by Brian+Blessed · · Score: 5, Interesting

    In your opinion, do residents of Europe and other US-friendly (business-wise) areas have a hope of avoiding being adversely affected by the DMCA (or superDMCA) or its foreign implementations (e.g. EUCD) and is technological civil disobedience the best form of activism to follow?

    - Brian.

  30. FUD by Shoten · · Score: 4, Interesting

    It has been claimed that much of the ado about DMCA is demagoguery, particularly with respect to restrictions on security research. While I do not in any way believe that the DMCA is a good law, particularly with regards to its flaunting of fair use, I tend to agree. Could you comment in greater depth as to the threat that the DMCA poses to researchers, and perhaps clarify this debate?

    --

    For your security, this post has been encrypted with ROT-13, twice.
    1. Re:FUD by sconeu · · Score: 1

      Well, let's see... the RIAA's SDMI challenge people threatened to sue or prosecute Prof. Felten if he gave a talk at USENIX. I'd say that's a pretty chilling effect on research and academic speech.

      --
      General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
  31. where the 'right to tinker' came in handy.... by smd4985 · · Score: 5, Interesting

    Prof. Felten,
    You are a vocal and staunch proponent of the 'right to tinker'. I understand and support your views on this subject, but I was wondering if you could give us a few examples where the 'right to tinker' was imperative to a major innovation? What innovations may have never come about or been delayed if the 'right to tinker' had never been a assumed privilege of the American citizen?

    Keep up the good work!

    --
    smd4985
    1. Re:where the 'right to tinker' came in handy.... by retro128 · · Score: 1

      The entire PC industry comes to mind. Remember, the original IBM PC was the first IBM built out of off the shelf parts. Compaq took one look at this, bought the same stuff and assembled a computer of their own. The only thing missing was the BIOS. And I think that if the DMCA existed back in the early 80's, Compaq would have been sued out of existance upon re-engineering IBM's PC BIOS, regardless of whether they disassembled the code or not. Even if that wasn't the case, they surely would have been dinged for building the same platform the BIOS was based on and selling it.
      What the DMCA and the current patent environment does is guarantee intellectual property monopolies by locking up knowledge and imposing stuff penalties on anyone who wishes to use it. In other words, if the conditions of today existed in the early 80's we would all be using Apples. Draw your own conclusions as to whether that's a good or bad thing, but also consider that the same environment probably wouldn't have allowed the Internet to exist at all as it is today.
      How much do you want to bet that if this happened, the PC industry would be based in China today?

      --
      -R
    2. Re:where the 'right to tinker' came in handy.... by sconeu · · Score: 1

      Compaq would have been sued out of existance upon re-engineering IBM's PC BIOS, regardless of whether they disassembled the code or not

      Just a small nit. They didn't even need to disassemble the code. The original PC, PC/XT and PC/AT's came with manuals that included full schematics and BIOS listings!

      --
      General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
    3. Re:where the 'right to tinker' came in handy.... by retro128 · · Score: 1

      Now that I didn't know, ah computing was so much more open back in the day...

      After some googling, I was able to find a site that expands on your statement. Compaq couldn't take the BIOS listings and copy them for obvious legal reasons, but the way they got around this was rather novel. Take a look!

      --
      -R
    4. Re:where the 'right to tinker' came in handy.... by sconeu · · Score: 1

      Correct. They "clean roomed" them. They had a group, who swore under oath (affadavit) that they had never seen the original IBM BIOS.

      Then they had another group which thoroughly analyzed the IBM listings and created a detailed specification (i.e. INT XX, AH=yy does this, with this output, etc...). They then handed this specification (containing only a blackbox description of the IBM BIOS) to the coders, who then wrote a BIOS to that specification. It passed a court test, IIRC, and is now the standard reverse engineering methodology if copyright infringement (non-DMCA) may be an issue.

      --
      General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
  32. Where does it end? by Anonymous Coward · · Score: 0

    The DMCA was probably intended to fight piracy of digitized movies and songs, but is there any reason why it can't apply to many other things? Could a car company copyright the design of the parts and then use it against anyone who made aftermarket replacement parts? Just how broad is the scope of this law? If you listen to this link , even sex is suspect because DNA is practically a digital file format.

  33. Firewalls and "concealment" by Anonymous Coward · · Score: 2, Interesting

    Dr Felton,
    Question 1:
    If I am running a firewall on a linux box, and NAT'ing the computers in my house, am I masking the identity of myself, or my machines, (violating the law) since all of the computers belong to me and I am willing to accept responsibility for all traffic?

    Question 2:
    If I run a linux firewall and only one client behind it, am I breaking the law since I am not NAT'Ting more than one PC, and am using the linux box as a firewall device only, not as a client?

    It seems to follow that I am responsible for all traffic originating from my link, therefore am not masking my identity at all, since all traffic originates from my residence, I do not use WiFi or 802.11b, and accept responsibility and id myself as the originator of all traffic.

    I simply do not trust a firewall program, running on a windows computer, to provide adequate protection. IPTABLES on linux, if there are no network services running, is more secure as a firewall.

    thx,
    AC
    Maryland

  34. last question by Anonymous Coward · · Score: 0

    what color is your underwear?

    1. Re:last question by Anonymous Coward · · Score: 0

      A: Brown.

  35. The DMCA And Independant Musicians by E-Rock-23 · · Score: 5, Interesting

    How exactly would the DMCA help/hurt independant musicians such as myself? In the beginning, most bands have to try and fend for themselves, and would find things like P2P filesharing to be a great help in getting heard. It seems as if the DMCA is tailored to assist large record companies, and not so much smaller labels and/or independant bands...

    --
    Blog Prophyts - Right On, Man
    1. Re:The DMCA And Independant Musicians by harriet+nyborg · · Score: 1
      dude, DCMA is not mandatory. there is nothing to prevent your band from releasing your music in copyable form. nothing except the desire of you and your buddies to get paid.

      if you don't like DCMA, don't use it. you want to give your music away for free - do it.

      but please don't force other musicians, artists, authors, and performers to give THEIR work for free. that is ALL the DCMA strives to achieve. to give artists control over their work.

      my question for professor felton is does the consumer's fair use trump the right of artists to maintain control over their work?

      IANAL, but it seems to me that ownership of my own ideas and inventions and creations is as close to a natural right as there is. "fair use", on the other hand, is a construction of legal fiction aimed at addressing specific problems of production which create a need for re-production.

      in the court of my own opinion, natural rights should prevail.

  36. Corporate Impact? by robbo · · Score: 4, Interesting

    Most of the debate surrounding proposed legislation on VPN's deals with the impact on the consumer's right to tinker at home. One issue that seems to be absent from the debate is the impact such legislation would have on the corporate world and the average worker's ability to telecommute using their ISP. Also, many corporations with geographically scattered offices use VPNs to put everyone on the 'same network'. Is a distinction being drawn between corporate and consumer's rights? Can these bills be effectively killed by drawing big corporations into the fray?

    --
    So long, and thanks for all the Phish
  37. right on by Anonymous Coward · · Score: 1, Informative

    Man that is right on the target for me. I lost my job eight months ago. I did phone support for a software package. It wasnt as high profile or sexy as being a coder, but the pay was reasonable and let me provide a decent life for my family.

    And I was pretty good at it. I was promoted three times in the two years I was there and spent most of my day handling P1 cases or helping out the lower level techs. Well, the company did some cutbacks. They kept the H1 workers then had in the call center and they canned me and three other guys, all Americans. We got canned because we were making a few thousand more a year than the H1s.

    So I've had to talk two jobs just to pay the bills. I'm on my feet eight hours a day, then spend the other eight doing word processing. I know some of this is my fault because I didn't finish college (newsflash! condoms not 100%!), but damnit I had a good job and I didn't deserve to lose it.

    I have to shop at Walmart for clothes for my kids, my wife had to go back to work two months after our youngest was born back in July, and when our car broke down we couldn't even fucking afford to get it fixed. If I can't find another decent job in the next year, we'll probably have to sell our house and move into an apartment.

    If I were a little more unhinged or if I didn't have a family to support, this could drive me over the edge, man. I think it'd do it to anyone. I'm not asking for life to be easy or fair, but to be fucked six ways to Sunday by greedy execs and their bitch politicans is just too much. How am I supposed to make it when I don't even get a fighting chance? Something's got to change.

    Anyhow, vent over.

    1. Re:right on by Anonymous Coward · · Score: 0
      You have H1-B workers at a call center? Yeah, because answering the phone and giving canned answers to the same six questions is obviously a skill that can't be found in America. Isn't that a blatent violation of the law to begin with? You should report them to the INS or whoever is supposed to be policing this.

      What company did you work for? I want to be sure I never do business with them.

    2. Re:right on by Rares+Marian · · Score: 1

      How is answering the phone in broken english doing the job better?

      How is someone who just started doing the job better than someone who got promoted twice?

      --
      The message on the other side of this sig is false.
    3. Re:right on by adri · · Score: 1

      Imagine a 3-dimensional space of:

      * employee costs
      * employee usefulness
      * customer satisfaction

      Plot a few customer satisfaction points based on employee costs/employee usefulness.

      Now, imagine where the H1B employees sit. Imagine where the local workers sit. Draw a great big glob around what your customers are willing to accept.

      Then, in this economy, take the least cost route.

      I've seen managers do exactly this. Its all about balance. Unless elitism is your selling point a company is more likely to tend towards bottom lines than building long-term employee relations.

      I don't blame the companies. They're simply trying to stay financially viable.

  38. DMCA and other laws by Musashi+Miyamoto · · Score: 5, Interesting

    Most, but not all, readers of Slashdot have a distaste for the DMCA and other laws that have strengthened copyright laws. But what most do not accept is the fact that these laws were created to solve a very real problem.

    Software and media piracy is no longer an underground sub-culture. Just about anyone with enough money for a computer is able to easily find and illegally duplicate software, music, movies, and other media. Worse yet, most of the (former) music and movie buying public are doing just that.

    The only "reasonable" alternative to strengthening laws and adding copy-protection to media is to give the media away, and make money with live appearances and peripheral tangible products, such as lunchboxes and t-shirts. I'm sure the people working for media conglomerates do not find this acceptable.

    Do you agree with this assessment, and if so, if you had the chance to re-architect the DMCA to your liking, what would you change? Would you remove some parts, or augment others?

    1. Re:DMCA and other laws by arkanes · · Score: 4, Insightful
      You've got a valid point, but you need to change your wording - nobody gives (or at least, nobody SHOULD give) a shit whether or not media conglomerates find it acceptable. The point of copyright, the very reason for it's existence, and it's only useful function, is to expand the public domain. It does this by offering a limited monopoly in return for the release of works. This is inherently in opposition to the buisness model of many media congolomerates, which is why we're seeing such draconian IP legislation in the last few years.

      The ONLY important question in IP legislation is whether or not it will enhance the public domain. Whether anyone can make money, or whether the existing entertainment industry can adapt is totally irrelevent.

      This is why (legally protected) DRM is such a bad thing - because it limits access to work far beyond the limits of copyright, and therefore detracts from the public domain, rather than adding to it.

      The idea that media conglomerats have some sort of rights here is a fundamental falsehood, and it only makes it harder to focus on the true issues. Copyright law doesn't care if anyone makes money off of it. The buisness interests of anyone, musician or international megacorporation, do not and should not figure into the equation at all.

    2. Re:DMCA and other laws by eyegone · · Score: 1
      The only "reasonable" alternative to strengthening laws and adding copy-protection to media is to give the media away, and make money with live appearances and peripheral tangible products, such as lunchboxes and t-shirts.

      Why is this the only "reasonable" alternative? (And why is "reasonable" in quotes?)

      As far as I can tell, no one has made any kind of effort to actually educate consumers on copyright law.

      --
      "They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety."
    3. Re:DMCA and other laws by Anonymous Coward · · Score: 0

      The only "reasonable" alternative to strengthening laws and adding copy-protection to media

      Thats odd, I thought that there were existing laws that covered these copyright infringements. All they needed was to be enforced. And by enforced, I mean not by a stupid computer search program sending me letters instructing me to cease and desist posting my band's MP3s online (Like our hit, "Metallic Ass").

    4. Re:DMCA and other laws by edhall · · Score: 1

      Your first paragraph doesn't make much sense to me. The US Constitution says:

      Section 8. The Congress shall have power ... To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries ...

      Now, how does this expressed intent relate to "expanding the public domain?" I suspect that it has more to do with facilitating commerce by limiting the public domain. But benefit to the public domain was certainly the intent for making the exclusive right for a limited time. And that is why your argument that DRM is fundamentally different from copyright is spot-on. I don't think your other claim holds up, however; although copyright hardly requires that a creator benefit financially from exclusivity, such rewards are certainly one of its benefits. Thus the business interests involved are hardly irrelevent.

      -Ed
    5. Re:DMCA and other laws by program21 · · Score: 1

      The way I read it, that clause definitely provides a benefit to the public domain, by first enticing people to create. Once their work has been created, it enjoys a period of limited monopoly, and then becomes public domain. I don't think it was ever intended to ensure a creator made a profit, but only to give them that oppurtunity.

      --
      This has been a test. Had this been a real emergency, we would have fled in terror and you would not have been informed.
    6. Re:DMCA and other laws by alexo · · Score: 1

      > The point of copyright, the very reason for it's existence, and it's only useful function, is to expand the public domain. It does this by offering a limited monopoly in return for the release of works.

      That's patent, not copyright.

  39. Where the hell's D-Fens when we need him? by Anonymous Coward · · Score: 0
    Have you noticed how the incidence of pissed off (white, male, civilian) whackjobs shooting people has sharply dropped off since 9/11?

    I, too, am amazed that someone like Ken Lay hasn't eaten a led sandwich from some ruined boomer who now has to work as a greeter at Walmart.

    I'm just saying...

  40. Content Vs. Distribution by robkill · · Score: 4, Interesting

    Radio stations today use a wide variety of digital tools to automate broadcasting. Given that record companies reserve the right to authorize who can broadcast the contents of a CD, what additional effects do you see the DMCA having on radio and eventually web-based broadcasting besides the stratification of the market into megacorps and everyone else (which has already occurred.)? Should copy-protected CD's become the norm, would a "broadcast license" be implemented, with restrictions on the broadcasters? I can't see the record companies providing "protection-free" cd's to record stations, because the resale market for DJ-promotional copies would become even more fierce. Or would we see more mega-companies like AOL-Time-Warner, which own both content and distribution channels?

    --
    DMCA - Chilling free speech since 1998.
    1. Re:Content Vs. Distribution by Anonymous Coward · · Score: 0

      This brings up an interesting point. If a radio station is broadcasting a CD track what are the implications for the person who might want to record that track off the air for their own use?

  41. Fighting back... by st0rmcold · · Score: 5, Interesting


    Basically, almost everyone with a technological background will agree that this law is flawed. Is this soemthing without precendence? That Congress acted on pure ignorance, of course not.

    My question to you Mr. Felten, do you think this law will inspire a new breed of creativity among hardware developers?

    Maybe the same way copyright inspired copyleft, the DMCA is a form for companies to protect their products, and stop other people from profiting on those products (god forbid!), but since this really throws onto the pile, and adds hardware materials in to the copyright bin, maybe it will inspire some hardware enthousiasts to create copylefted hardware? blueprints and materials created by the people who love to tamper, and who would put a type of GPL on the specific materials as to prevent anyone from trying to hide the actual source if you will, of the product in question.

    I personally think this would go a long way, engineers could actually start making money, by receiving support from people who enjoy their products, and suggest ways to improve such things. (Currently hard working engineers make billions for their respective companies and bring him mearly pennies to feed their families.)

    I might be way off base, as the production line has it's fee's, but even tho it would be copylefted, dosen't mean it couldn't be sold, just means that anyone could improve it, or modify it.

    Thanks for your time. Remi

    --
    Posting useless rant since 2003.
    1. Re:Fighting back... by Thing+1 · · Score: 1
      Maybe the same way copyright inspired copyleft, the DMCA is a form for companies to protect their products, and stop other people from profiting on those products (god forbid!), but since this really throws onto the pile, and adds hardware materials in to the copyright bin, maybe it will inspire some hardware enthousiasts to create copylefted hardware?

      There's already a couple projects with exactly that in mind:

      It's interesting to note that the OpenBIOS project was a recipient of funding from LinuxFund .

      --
      I feel fantastic, and I'm still alive.
  42. Professor Felten by Anonymous Coward · · Score: 0

    When is it necessary to employ terrorism in our fight against DMCA and other efforts to restrict our civil liberties?

  43. Preemptive answers by jdbarillari · · Score: 5, Informative

    Prof. Felten has a weblog, Freedom to Tinker. It may answer some questions in advance. He is also teaching a class this semester called "Information Technology and the Law". The readings are online.

  44. go corrections! by gd23ka · · Score: 2, Funny

    Corrections. It's already booming and the sky's the limit for those that manage to stay on the outside of a 700V lethal electric fence! You could be the manager of an inmate labor program, or you could go for career with the Texas Dept. of Criminal Justice as a certified Execution Technician. And what's best your skills as a IT professional are still needed... CAS (Computer Aided Sentencing), IT-Systems (Inmate Termination Systems (what did you think?)), handheld DTT (Dissident Tracking & Termination) applications.... no rest for the wicked!

  45. Have to Assume the Worst by billstewart · · Score: 4, Interesting
    With some kinds of badly written rules, you can pick whichever interpretation annoys you least and work from there. This doesn't appear to be one of them - if somebody can use the VPN/firewall/NAT/etc. to conceal the identity of the user from the carrier (or for that matter, from an eavesdropper), or conceal the subscriber's identity, or conceal which machine behind the firewall the packets are from (thus concealing that you've got more than one, which violates _some_ carrier's terms of service), then it's potentially illegal in Michigan, and you can't sell them your VPN/firewall/NAT/etc. hardware without risking violating it, because the law is quite clear that it not only applies to Michiganders who rip off their cable companies (like most of the other states' laws), it applies to any of them who buy equipment they _could_ use to rip off service or conceal that they're doing it, and it applies to anybody who sells equipment to anybody in Michigan that they could use to rip off service or conceal it.

    I work for a big ISP that sells several kinds of VPN services, as well as selling routers to users who want to manage the routers themselves. I'd rather not see our Michigan sales reps risk being hauled into jail

    • because that Cisco we installed on their premises can do NAT, or
    • because that firewall conceals their machines from crackers, or
    • because their VPN box conceals data from eavesdroppers, or
    • because their SSL conceals web-visitors' credit card numbers from thieves, or
    • because their email system conceals real email addresses from spammers.
    And I'd rather not see our sales people out of work either. But until somebody gets a temporary restraining order on enforcement, it's a real problem.
    --

    Bill Stewart
    New Fast-Compression-only CPR http://preview.tinyurl.com/dy575ks
  46. Beyond the U.S. Borders by Anonymous Coward · · Score: 0

    Professor Felton,

    Dimitry Sklyarov wrote software that was illegal under the DMCA, a law passed in the United States, despite the fact the software was written in Russia. This, of course, sets a bad precedent. Is it likely that something similar will occur anytime soon? Is it possible that anything can be done to protect those outside the U.S. from being punished by a law that should not apply to them?

  47. Re:Professor at Priinceton Univ by pair-a-noyd · · Score: 1

    you are 100% completely correct!

  48. Definition or origin and destination? by Anonymous Coward · · Score: 1, Interesting

    Neither of the proposed state laws defined what "place of origin" for a communication is. Couldn't this law make computers illegal? For example, my "communications service provider" does not know if a "communication" came from DIMM bank 0 or DIMM bank 1 in my computer. They don't know if a file I am emailing came from hard drive sector 3F5BC or 3F5BD. Does this mean that my computer is concealing the place of origin of my communication?

    When I read the law, I assumed that the "place of origin" of all of my internet communications are in my house. There's no reason to interpret that law to be specifically aimed at individual computers. I believe that specific part of the law is aimed at things like using IP spoofing in order to conceal the source of attacks.

  49. Greetings, Professor Felten by Lars+Rindsig · · Score: 3, Funny

    Shall we play a game?

  50. Micromonopolies by TastyWords · · Score: 4, Interesting

    background: For a long time, it was thought a monopoly pretty much was conceived & sustained through assistance through the government (at some level), but not necessarily via patents or copyrights; i.e., look at things such as utility companies. After the two marathon lawsuits into the latter decades of the 20th centuries (IBM, Ma Bell), things seemed to quiet down a bit, except for cable companies & similar ilk. Now, we've got competition for cable companies via satellites (although 95+% of people who have have access to cable only have a choice of a single company), potentially multiple broadband vendors, and with the fuel cell development, a choice of not using an electrical utility.

    All of that said (whew, sorry)...

    Now that the DMCA has been passed and pretty much defended in the courts, isn't it starting to form "minimonopolies" (or "micromonopolies")? If so (or not), why? And do you see this changing over time? If it hurts the consumer, what do you think it'll take for the consumer to vote with their pocketbook and modify this?

    Thank!

    1. Re:Micromonopolies by TastyWords · · Score: 1

      In rereading this, I realized not everyone would necessarily understand the context of a micromonopoly and I probably should have clarified it a bit in my original post. In a story on Slashdot about a month ago Lexmark wins injunction in DMCA case, this basically said no one but Lexmark can create refills for their printers. The claim is they break even on the printers, then make their profit on the toner & ink cartridges. Microsoft is in the same boat with their xBox because they take a hit of $125 for ever y one they sell, hoping to gain marketshare with that loss & sales of games in compensation. To me, this smacks of a "micromonopoly" because it's a vertical market per se. I guess technically speaking, it is bundling. And that's what Microsoft did for years - charging OEMs the price of Windows, even if people installed some other operating system on it without ever booting Windows. IBM got in trouble for bundling their OS software such that it would only run on their iron. Competing OS software would not run on their hardware. What happens if Microsoft decides to do the same thing with Lindows or with VMWare (such that their software doesn't run on either)? Microsoft has already purchased a competitor to VMWare. Perhaps I should be asking, "Should companies be permitted to choose their profit/business structure and if they choose it in a fashion such as has been explained, have an automatic vertical/micro/mini monopoly (but locking everyone else out) ?

  51. Where would you go to have digital freedom? by Anonymous Coward · · Score: 1, Interesting

    Where in this Earth would you move to, should MPAA, RIAA, et alia succeed in their attempt to turn the personal computer into an expensive paperweight? Now that civil liberties are no longer fashionable in America, which country would hold the flag of digital (and analog) freedom?

  52. Super DMCA and anonymity by SiliconEntity · · Score: 4, Interesting

    If I use a VPN or an anonymous remailer, all of my IP packets are correctly labeled with regard to their source and destination as they travel from my system to the remailer or VPN server. If I use a NAT box, all of my IP packets are correctly labeled with regard to their source and destination as they travel from the NAT box to the remote system.

    Why do you claim that these technologies would be outlawed by the so-called Super DMCA laws, even though using these technologies does not involve falsifying the source or destination of any of my packets? Isn't it more likely that these laws are directed against IP spoofing, where people do in fact falsify these fields, to the great detriment of the net?

    1. Re:Super DMCA and anonymity by Nihilanth · · Score: 1

      This is an excellent point, but i fear the people entrusted by corporate america to enforce their doctrines may use the fact that many people don't understand the significance of what you said to bend the rules. Amazing what lobbying dollars can do. Just look at how the execution of the current DMCA was twisted and abused to serve the purposes of big business.

  53. Strategy by Meat+Blaster · · Score: 4, Interesting
    Our current methods of informing the public and the government about the evils of the DMCA seem to be reactive and passive -- defending a lawsuit, writing public responses to the librarian of Congress periodically about the DMCA, setting up resources where the public if they were so inclined could stop by and learn about the problem.

    Do you feel that it would be a good time for a shift in strategy towards more active measures such as forming a group to lobby representatives directly, issuing mailings about the DMCA particularly to those whose representatives support legislation like the DMCA/UCITA/SSSCA, or beginning a television ad campaign? Such an endeavor is bound to cost a bit, but I can't help but feel that particularly with 2004 coming up having a bit of organized PR on our side of the debate would be quite helpful.

  54. Re:Why no www? by renehollan · · Score: 1
    Long ago, in a DMCA-free country, one Rob Malda conceived of a "News for Nerds, Stuff that Matters" (well, according to him, I suppose) web-based news site.

    True to geekiness, and abhoring waste and reduncancy (but, not, as it appears, typos, spelling errors, or duplicated headlines), the Nerdy One noted that the HTTP transport protocol in a URL implied a web server, rendering the "www" domain prefix redundant.

    And so was conceived slashdot.org. Amen (or, Groan!, as the case may be).

    The redundancy exists, in most cases, because of the need to name the machines that provide a particular service, and the fact that this may be one of many machines under a common administrative domain. WHY DNS does not provide arbitrary service mapping, like it does for mail exchangers is, of course, a matter of hysterical (as opposed to historical) record.

    --
    You could've hired me.
  55. Re:Professor at Princeton Univ MOD UP! by Anonymous Coward · · Score: 0


    This is a fair, legitimate question!

  56. Re:Priceton? by Anonymous Coward · · Score: 0

    ...while the other is a bit more princy.

  57. DMCA protects items not entitled to protection by Rares+Marian · · Score: 1

    How can we implement a test that all technological measures and DMCA arguments (an argument is a protective measure IMHO) must pass or qualify so that no indirect protection is granted?

    Perhaps look up a giant thesaurus for a phrase more precise than "access control measure". Privilege control measure?

    Companies do not have a right to protect that which is not protected by copyright, patent, nor trademark law.

    They do this blindly, illegally, and without due process (even the due process provided by the DMCA however little it is).

    Blindly:
    Digital Convergence claimed the DMCA was violated when someone wrote a linux driver for their CueCat Barcode reader.

    Illegal patent-like protection (because they never filed for the patent):
    Lexmark protects the software necessary to allow you to use a different toner cartridge.

    Without counter notification:
    ISPs closing down sites out of fear of retribution.

    Maybe bandwidth carriers (the folks who provide the pipe and own several ISPs) should be exempt as opposed to service carriers (the folks who pump the spam, ads, and hosting) who deserve maybe less protection. Think of the difference between the people who own the land (bandwidth carries), the people who put up a mall(ISP) on the land, the people who put up a store in the mall(specific webmaster), and the customers who use the store(ISP fee payers).
    Filing for the patent would require releasing the design of the software for others to see.

    How can we implement a test that all technological measures and DMCA arguments (an argument is a protective measure IMHO) must pass or qualify so that no indirect protection is granted?

    Perhaps look up a giant thesaurus for a phrase more precise than "access control measure". Privilege control measure?

    Companies do not have a right to protect that which is not protected by copyright, patent, nor trademark law.

    --
    The message on the other side of this sig is false.
  58. Differences by State? by Anonymous Coward · · Score: 1, Interesting

    Do you notice any particular states that show extra enthusiasm over the DMCA?

    Those who are in the process of moving might be in the position where they're undecided about one place or another and turn it into an opportunity to protest an unjust law. Take those skills and dollars to better places.

    And as an aside to the /. crowd:

    When the economy recovers and the jobs come back, a lot of folks are going to be moving around in a relatively short period of time. Be useful to have some sort of comparison list to see which states deserve to have high the mobile, high income people as residents.

  59. DMCA or Copyright in general? by Guppy06 · · Score: 3, Interesting

    Do you think the root cause of all this trouble is with the DMCA in particular, or is the Act just a symptom of the problems with existing federal copyright laws in general?

    1. Re:DMCA or Copyright in general? by dacarr · · Score: 1
      OK, here's my own answer on this. My opinions, but I gotta say it.

      One should keep in mind that it's not copyright unto itself that is a problem. Unto itself, the copyright is a good thing. It's two things that make it a problem though - abusers (legitimate pirates) and the vocal minority (the {RI,MP}AA).

      --
      This sig no verb.
  60. Attaching devices to networks by Anonymous Coward · · Score: 0

    Professor F:

    Given the fuss and likely new rules about consumers attaching devices to ISP networks on pipes ot the home, do you think that consumers will be allowed to use devices like this under any new regulatory framework?

    TIA for your thoughts.

  61. Propaganda war by Catamaran · · Score: 2, Interesting
    This is as much a propaganda war as it is a legal battle. What do you think of my idea for a flier?

    Pirates or Heroes?
    Media giants are portraying as "pirates" those who copy and exchange copyrighted materials. History may well portray them differently. In 1773, the British government granted special tax status to the East India Company, at the expense of colonial merchants. The revolt that followed, the Boston Tea Party, was condemmed by the British government, but today those responsible are widely regarded as heroes.

    Lobbied by the media giants, the U.S. Congress has extended Copyright beyond what is constitutional. The pro-big-business Supreme Court has upheld the extension. Here are the words of Supreme Court Justice Breyer, dissenting:

    The U.S. Constitution's Copyright Clause grants Congress the power to "promote the Progress of Science ... by se- curing for LIMITED TIMES TO AUTHORS ... the exclusive Right to their respective Writings.." The statute before us, the 1998 Sonny Bono Copyright Term Extension Act, extends the term of most existing copyrights to 95 years and that of many new copyrights to 70 years after the author's death. The economic effect of this 20-year extension, the longest blanket extension since the Nation's founding, is to make the copyright term not limited, but virtually perpetual. Its primary legal effect is to grant the extended term not to authors, but to their heirs, estates, or corporate successors. And most importantly, its practical effect is not to promote, but to inhibit, the progress of Science, by which word the Framers meant learning or knowledge...

    Media is being created that cannot be copied, even for the purpose of backup. DVD's purchased in one country cannot be played in another. "Defective" CDs are being sold that will not play on a computer CD player.
    --
    Test 1 2 3 4
  62. Ob Simpsons reference: Is it time to panic yet? by Anonymous Coward · · Score: 0

    Hordes of panicky people seem to be evacuating the town for some unknown reason. Professor, without knowing precisely what the danger is, would you say it's time for our viewers to crack each other's heads open and feast on the goo inside?
    (1F09: Homer the Vigilante)

    Thomas Dz.

  63. Our position in the world by TooTechy · · Score: 5, Interesting

    Do you see this new legislation altering our ability to work remotely? Will these restrictions place undue hardship on US workers when compared with facilities in other countries? Is it likely that other countries will evolve faster technologically as a result of these draconian measures?

  64. MOD PARENT UP by Anonymous Coward · · Score: 0

    stuff

  65. Balance of Interests? by Catiline · · Score: 3, Interesting

    Between the Sonny Bono Copyright Extension Act granting longer terms to copyright and the DMCA granting greater "enforcement" powers to the holder (in the form of legally-unbreakable encryption) the trend in copyright seems to be passing into more power for the holder and a weakening --perhaps even destruction-- of fair use and of a public domain. Likewise, the proliferation of code patents encroaches upon the creative commons from yet another angle, and all of these aspects serve only the entrenched players in various fields (cable/satellite companies, MPAA/RIAA, IBM/Microsoft/Adobe, etc.). What would you propose to be the proper balance of interests and what measures do you think should be taken to arrive there?

  66. Legal interpretation by gclef · · Score: 3, Interesting

    Much of the problem with the laws such as the recent state anti-NAT laws and the DMCA revolves around judicial interpretation. (Eg, whether NAT or freenet is illegal strongly depends on how the courts read the definitions of a communications device in the various laws.) My question to you is: is there anything we can do to influence this interpretation? From my understanding, once there is a ruling on a subject, that becomes precedent, so if we can get a ruling stating that these laws do not cover things like freenet, life gets better. Getting that ruling, however, is hard. Is there a "good" way to do that (besides bankrupting myself by getting prosecuted for violating it)?

    thanks.

  67. IPv6 and Legislation by queenb**ch · · Score: 1

    Do you think that something like this will be used to drive IPv6 adoption?

    Also, what about the new studies that show that CD sales have slumped due to lack of investment in new bands and new releases by RIAA member-companies?

    What exactly will constitute an "unapproved device"?

    That's it from me

    Queen B

    --
    HDGary secures my bank :/
  68. Mod stuff down! by SiliconEntity · · Score: 1

    Too many questions in these kinds of topics get modded 5. Right now fully half of the comments rated 2 or more are at 5!!! That means you moderators are throwing your power away, turning the decision over to the hands of the slashdot editors who will have to choose 10 questions out of 50 or more that are modded to the max.

    Use your power! Mod down those 5's that aren't of the highest quality. Mark them as overrated. Forget that dreck about how you should mod up more than mod down. You've got to be tough when it comes to "ask slashdot" topics. Not everybody can be a 5, despite what they taught you in kindergarten about being nice.

    Of course you should still mod up the good questions that are rated lower. But use at least a point or two to mod down some 5's if there are more than about 15 of them. That's my advice.

    And don't mod this up or down, that's a waste of resources. Use your points to improve the interview.

  69. Dear Professor Falken: by Anonymous Coward · · Score: 0

    I'm concerned that, by programming Joshua to have such advanced learning capability, you have created a machine that may get us all into World War III just because it thinks it is playing a very advanced war simulation.

    Would you please call NORAD and ask them to unplug it? Thanks. I can speak for all of humanity when I say "we appreciate it."

  70. Police State by TheSHAD0W · · Score: 1

    The effects of these laws will be the same as all the other stupid laws out there. Y'know, it's impossible to be living in the US nowadays without breaking SOME law or other. And mostly, the authorities ignore it, unless they're pushed by someone or some event, or unless you cross one of them. At that point, the Powers That Be will audit your life with a fine sieve and use anything they can dig up to make your life miserable.

  71. mixed CDs by Ender+Ryan · · Score: 1
    Well, one thing you can tell people is that there will soon be no way to legally make mixed CDs, or make an extra copy of a CD for their car.

    I don't know about you, but I, and a lot of people I know, do NOT like to keep $500 worth of CDs in my car!

    As more people start using mp3/ogg devices/computers as stereos, they will start to see the negative side of these new restrictions.

    --
    Sticking feathers up your butt does not make you a chicken - Tyler Durden
  72. What about TIVO and other slightly off services by mgrennan · · Score: 1

    Will we be forced to use each service the way the service wants us to use it?
    I slice and dice all my communications. I watch what I want when I want. I forward some email to my phone. I email some voice mail to my office. I call my son via VOIP. I lisson to Amature Radio over the Internet.
    I think content matters not delivery. If I watch Six feet under on my laptop why should they care? I'm watching after all.

    --
    There are 10 type of people in the world, those who understand binary and those who don't.
  73. what can we do? by v1 · · Score: 3, Interesting

    What is the most effective thing Joe Q. Public can do to fight DRM? There are all sorts of organizations with various methods, including petitions, boycotts, information-sharing, etc., and the ever popular "write your senator" form letters. This seems like a case of David vs Goliath, and I'd like to know what stone would be best to pick up.

    --
    I work for the Department of Redundancy Department.
  74. Innovation and Economics by Anonymous Coward · · Score: 1, Interesting

    Are you aware if anyone has done (and published) any work on the relationship between innovation and the economy? For instance, has anyone shown that things like enhanced copyright or the war on terrorism will, directly or indirectly, cause the economy to collapse? I've seen lots of conjecture but nothing so simple and compelling that it would convince any of my elected representatives.

  75. Q: Will it be not legal to have a firewall now? by Anonymous Coward · · Score: 0

    Since the firewall can 'mask' multiple machines behind it, will it be non-legal to protect your computers from attack from outside of your own home?

  76. pragmatic question about 'fair use' by LinuxParanoid · · Score: 5, Interesting

    Professor Felten,

    The world I've lived in pre-Internet allowed me to, if I found a great newspaper article (or TV show episode) or song, to make a copy of it to pass along to one or a handful of friends to check out.

    It certainly seems like this will be technologically unfeasible if/when sufficient copy protection becomes embedded in content-viewing technology in the mid-term future.

    I know you aren't a lawyer, but you have parsed these laws carefully and talked to more lawyers than I. Did the type of usage I described above ever fall under 'fair use'? Is it 'fair use' today, and if not, is there a particular piece of legislation that changed the legality of this?

    --LP

  77. Ethics of technology on college campuses by Ivan+Raikov · · Score: 2, Interesting

    Dear Dr. Felten,

    Recently, the vice provost of undergraduate studies in my university has initiated a series of activities aimed at getting active student input on improving the educational experience on our campus. One of my pet peeves with the studentry of my school is that they're rather apathetic and uninformed of political and social issues in the world surrounding us. Given that tomorrow these people would be engineers and scientists, and above all, citizens, I think it is vitally important that they are well aware of current social and legal issues in our technological society.

    My two questions are: 1) how would you go about encouraging college students to become more interested in issues like the DMCA 2) do you feel that most engineering and science students in Princeton University have a good understanding of the legal and ethical issues in IT?

  78. Lame by Anonymous Coward · · Score: 0

    It seems like the corporations will be running America sooner then we think. When did America become just another third-world country? Bah. It is jackass people with the Title DR, who think that they know everything, that will destroy this great country we live in.

    These Internet related Laws feel like they are coming from a dictator who doesn't really care about the will of the people. You are the downfall of America. How does that make you feel?

  79. The future of IP by jpvlsmv · · Score: 1

    Prof. Felten,

    Much has been said about the DMCA and its effect on the future of IP. Do you think that IPv6 solves any of the problems brought up by this legislation, specifically, do you think 128 bits of address space should be enough?

    --Joe

  80. 2600, and media in general by dextr0us · · Score: 2, Interesting

    Do you think that the DMCA has had an effect on the media? Using 2600 as a prime example, don't you think that the media's free speech rights are restricted for fear of persecution? [media including websites]

    --
    "Martha Stewart can lick my Scrotum......do i have a scrotum?" -- Sharon Osbourne
  81. Dear Dr. by geekoid · · Score: 1

    What can we do to get legislation to guard are rights from future attacks?
    It seems like the same bill get proposed with different names over ad over again. I would like to see something that protects are rights and would supercide new laws that take are ability to do what we want within our own homes. As long as we are not redistributing the content to other people outside our home.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  82. Greetings, Professor Falten. by Fweeky · · Score: 1

    How about a nice game of chess?

    Oh, come on, don't tell me you weren't thinking it too ;P

    1. Re:Greetings, Professor Falten. by TooTechy · · Score: 1

      Sticky, Tacky, toe in the door.

      Good one ;-) (Geek!)

  83. Thanks for the link to Google by JahToasted · · Score: 1
    It got deleted from my bookmarks and I forgot the URL. That link really helped me out.

    Offtopic, but last week someone told me they didn't get google on their computer home (whihc had an internet connection. So maybe the URL isn't so obviuous after all...

  84. Anonymous remailers by wytcld · · Score: 2, Interesting

    NAT or VPN may fall within the meaning of laws against concealing the identity of origin of Net packets. Anonymous remailers, intended to fully obscure the origin of messages, most certainly would violate these laws. Yet there are times when a citizen wants to be able to give a tip to law enforcement without becoming personally involved. Let's say I have a well-founded suspicion that my neighbor robbed the bank in the next town. Let's further posit I don't want my neighbor to have any hint I've turned her in, and don't want to play any role in court proceedings (maybe she has a sister who'd come after my family; maybe I don't want the government to inquire as to how I know about the robbery). Won't laws which criminalize anonymous cooperation with law enforcement significantly hinder the well-being of society?

    --
    "with their freedom lost all virtue lose" - Milton
  85. Cashing in on guilt. by Anonymous Coward · · Score: 0

    Ayn Rand had a bit to say about this in Atlas Shrugged.

    1. Re:Cashing in on guilt. by Anonymous Coward · · Score: 0
      How to completely discredit your own pro-libertarian arguments by looking like a swivvle-eyed loony:

      1. Quote Ayn Rand.
      2. ????
      3. Profit!

      Next week: Discrediting your own pro-neoconservative arguments by invoking Ann Coulter.

  86. Any actual effects by anthony_dipierro · · Score: 1

    You eventually presented your paper on SDMI's encryption systems. You weren't arrested. You weren't sued. Your freedom of speech was preserved. Outside of hypothetical situations which never panned out in reality, can you point to any situations where the DMCA has been used effectively to infringe upon your freedom of speech?

  87. The battle vs the war by Qrlx · · Score: 1

    Hi Dr. Felten

    My belief is that the Internet has just as much capability to transform civilization as did Gutenberg's invention some 500 years ago. The potention for Internet-connected people to share just about any information that can fit down the wire seems like a revolution in the making. And, as was the case a half millenia ago, it will surely take decades for society to wrestle with and eventually adapt to this new paradigm.

    Napster was the first time most people became aware of this potential sea change, but the combatants had been positioning their forces for some time -- for example the No Electronic Theft Act of 1997 that made copyright violations a federal criminal offense rather than a civil matter presaged the rise of P2P sharing.

    You have been an outspoken critic of the DMCA, and my question for you is this: How important is that particular battle in what might someday be called the Internet Revolution? Do you think that other cyber-controversies, such as scandals at ICANN, Uzi Nissan's defiance of corporate power, and mandatory Internet filtering in public libraries, are other fronts in a larger war being waged? Or is your struggle contstrained more narrowly to the specifics of copyright law and fair use, and the Internet is just a tangent? What might be the important battles in the years to come, and what is our best strategy for victory?

    I apologize for using such jingoistic language, current events have taken their toll on me.

  88. Reward or punish a benign hacker by rogersc · · Score: 1

    Last year Princeton demoted an admissions dean after he accessed a Yale web site without authorization, and then reported the security weaknesses to the Yale admissions dept. It seems to me that a benign hacker who finds a security weakness and voluntarily reports it should be rewarded, not punished. What is your opinion on this? Did you give it to the Princeton president?

  89. I am not Felten. by Anonymous Coward · · Score: 0
    The DMCA, however, has very effectively infringed on my freedom of speech. I've never been sued or even been sent a cease-and-desist letter, but it has made a very real difference in the range of things I feel comfortable with discussing in public forums and on more than a handful of occasions I've cancelled out of a posting that was ready to submit or avoided programming projects because of this.

    I've got an interest in computer security, emulation, and cryptography, and I'd say that each of these fields has been significantly hampered by the DMCA. The 'chilling effect' that causes people to censor themselves has a very real effect on free speech. Who wants to take a chance when the stakes are years in prison and six-figure fines?

    1. Re:I am not Felten. by anthony_dipierro · · Score: 1

      I've never been sued or even been sent a cease-and-desist letter, but it has made a very real difference in the range of things I feel comfortable with discussing in public forums and on more than a handful of occasions I've cancelled out of a posting that was ready to submit or avoided programming projects because of this.

      Just because you're paranoid...

      Anyway, I was looking for actual infringement, not hypothetical infringement.

  90. downloaders don't care by grimshaw · · Score: 1

    I am completely confused on why people don't care about copyright infringement. I know some don't think it's wrong. For some, the fact they can get it somehow suggests the activity is legitimate. For others the ambivialnce seems born out of the lack of tangible threats. And there are those who feel justified in their lawbreaking (they buy music after trying it, the recording company screwed the artists, the recording companies charged them too much, etc).

    I see the DMCA is direct reaction (although poorly written) to this behavior. I suspect the recording companies are not suing individual citizens because it is simply cost prohibitive to do so.

    What do you see as the best method to curtail this behavior? I always thought the threat of jail or a fine would be pretty effective to keep the average citizen in the clear, but so far this hasn't seemed to help much.

    Thanks.

    John

  91. Question about hitting back by Thing+1 · · Score: 1
    Professor Felten,

    You have studied the laws much more than I have. One issue that I have is that the "protection" on my DVDs will never wear out. In other words, once the movies pass into the public domain, I will still be unable to de-encrypt them without breaking the law.

    Do you know of (or would you consider starting?) a campaign to force hardware manufacturers to check the datestamp of the media being played, and if it falls outside the limited protection time granted by the government, "open up" the content?

    Thanks for your support -- I realize how difficult it was for you, politically and otherwise, to take the stand you took and we are all grateful for your continued help in fighting this war.

    --
    I feel fantastic, and I'm still alive.
  92. Re:pragmatic question about 'fair use' by yourmom16 · · Score: 1
    In Title 17 Section 110 of the USC it states(most of it has been omitted):

    Notwithstanding the provisions of section 106, the following are not infringements of copyright:

    ...

    (4) performance of a nondramatic literary or musical work otherwise than in a transmission to the public, without any purpose of direct or indirect commercial advantage and without payment of any fee or other compensation for the performance to any of its performers, promoters, or organizers, if -

    (A) there is no direct or indirect admission charge; or

    ...

    I think your showing it to your friends is exempted by this section.

    --
    "We have got to make Stan understand the importance of voting, because he'll definitely vote for our guy." - South Park
  93. Re:pragmatic question about 'fair use' by Anonymous Coward · · Score: 0

    Yeah, but i thought the kid at MIT a few years back got prosecuted for giving away music etc for free despite that section of the code... on what grounds I don't recall, hence the uncertainty about the current state of the law and its interpretation thereof.

  94. govermant certified by Anonymous Coward · · Score: 0

    you will soon see a goverment cert, for security routines, and reporting... notify us of all pc failures, so we can keep more statistics...........

  95. Government failure, counter movement by Odinson · · Score: 1
    Unrevoked, do you think decryption software user(not developer or distributor) violation enforcement will broaden enough to touch a family in every community?

    Do you think this would be sufficent to create a substantical counterculture where copyrighted entertainment are commonly given under specific licences like the GPL to be safe from prosecution?

    If criminal enforcement becomes common against users of decryption software do you think academia will embrace, promote, or even fund an entertainment counterculture?

  96. MOD THIS UP! by Anonymous Coward · · Score: 1, Insightful

    This post is right on target, mod this up so that others can see it and take note!

  97. selective enforcement by MORTAR_COMBAT! · · Score: 1

    totally on the mark with that comment about selective enforcement.

    In North Carolina, we had a law against "open alcoholic beverages" in automobiles, much like any state. For about a month, there was a lot of publicity about how the law was no longer in effect. However, without much fanfare, the law is back in effect.

    My wife works in the courthouse, and the district attorneys and police officers don't even know whether it is a law or not. So basically, instead of even having to know the law (hard enough with all the changes), you basically instead have to weigh whether or not Joe Policeman thinks you've broken a law or not, and when he pulls you over to harrass you over some supposed law, shoots your dog, etc.

    --
    MORTAR COMBAT!
  98. Protecting fair use rights by pschachte · · Score: 1

    Would it be possible to pass a law making it illegal to prevent people from exercising their fair use rights? I would think such a law would curb the worst excesses of current legislation. Hopefully such a law would be uncontroversial; after all, it's not really a much of a right if someone can prevent you from exercising it, is it?

  99. International Implications of DMCA by leoaugust · · Score: 1

    I understand that DMCA has put restrictions in the U.S. I am in India planning to start a Internet Access providing business, and one of the strong marketing points that I want to emphasize is file sharing, esp. P2P. I also want to discuss sites like http://www.astalavista.com as I believe that it should be a part of free discussion.

    As this is going to be a commercial venture, I am aware that there will be repercusions against me. But, does DMCA apply to countries like India, and if I really and sincerely believe in these services as benefitting consumers, would it be morally wrong to base my marketing campaign on that. I am in New Delhi India.

    --
    To see a world in a grain of sand, and then to step back and see the beach where the sand lies ...
  100. Are you for real?? by Anonymous Coward · · Score: 0

    If you'd read the topic at the top, you'd see that there are jurisdictions outlawing the sharing of broadband connections. Hell, Cisco's (and Linksys) whole business plan could be illegal shortly.

    You remind me of the people in the thread about SARS calling genuine concern "drama." SFGate.com has an interesting article about the flu epidemic of 1918. Started out like SARS, went away, then roared back to life in horrifying ways.

    Hindsight is always 20/20.