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EFF Chairman Interviewed

mpawlo writes "I have just published an interview with Mr Brad Templeton, chairman of the board of the EFF, over at Greplaw. Mr Templeton presents, among other things, his view on spam and freedom of speech among. If that's not enough, there is also a rather unique tongue-in-cheek interview with Professor Lessig."

104 comments

  1. Maybe he could explain what they actually do by Anonymous Coward · · Score: 5, Interesting

    I donated about a $100 per year to EFF foundation before, but I will stop the practice this year. I am not sure what the goal of the foundation and how it helps the simple folk anymore.

    A friend of mine lived in Germany and was harassed by the local hand of IFPI, which I guess would correspond to RIAA over here. All I wanted from EFF was a simple consultation on what should be done. Specifically since the German IFPI wanted a $300 fine not to take the matter to the court.

    Two e-mails to EFF from their contact page and dead silence, as if you're e-mailing a black hole. If I had not donated $300 to EFF in years before but just gave the money to my friend to pay the fine, I'd be better off.

    1. Re:Maybe he could explain what they actually do by nomadic · · Score: 5, Funny

      I donated about a $100 per year to EFF foundation before, but I will stop the practice this year. I am not sure what the goal of the foundation and how it helps the simple folk anymore.

      The simple folk don't have computers, though. They live quiet, simple lives in their little simple huts, and their only entertainment comes from their simple folk dances.

    2. Re:Maybe he could explain what they actually do by btempleton · · Score: 4, Informative

      What E-mail address did you mail? While we can't help everybody who needs our help, particularly overseas -- wish we could -- if you mailed into a black hole something wrong happened, and I would like to find the cause and fix it.

      We try to respond to all mail (though we get a fair bit of nutcase mail, you would be amazed, that we don't respond to) and we definitely should have given some answer to a plea for help.

      If nothing else we would point somebody to the web sites we have built to deal with threats like these, including
      Chilling Effects and Subpoena Defense.

      --
      Has it been over a year since you last donated to the Electronic Frontier Foundation
    3. Re:Maybe he could explain what they actually do by Anonymous Coward · · Score: 0

      Er, what did you expect from EFF? It's an American law firm -- why do you think that they have any advice at all for you on a matter of German law? And what kind of person makes a *donation* to a *charity* with the expectation that the charity will become his pro-bono law firm?

      Last time I looked, lawyers weren't allowed to give legal advice to anyone who wasn't their client. Do you think EFF's lawyers should have risked losing their bar-cards to help your friend? How would that have benefitted the cause in any way?

      You're absolutely right that giving $300 to your friend would have been a better way to pay your friend's legal fees -- by the same token, giving $300 to a layer who's fighting German logging initiatives would be better at stopping a German logging effort than giving $300 to the American Sierra Club.

      Meanwhile, EFF is fighting the good fight. It defended Dmitry, helped overturn the sDMCA, is working against PATRIOT, successfullly defended Morpheus, took on 2600 as a client, and so on. They don't ahve a lot of money or a lot of people and they get a lot done in an environment that's extrordinarily hostile to them.

    4. Re:Maybe he could explain what they actually do by aaronsorkin · · Score: 4, Insightful

      I can't think of a more critical time to support civil liberties and cyberliberties groups like the EFF in the face of the federal government's incursion into our privacy, corporations' surveillance of employees, and the entertainment industries' clampdown on our digital rights.

      The EFF may not win every battle, but it's engaged and taking a leadership role in a number of legal struggles. I get two to three emails a week regarding bulletins, updates and legal developments. Not earthshaking, but at least they're in the trenches and on our side.

  2. Usenet Useful by rf0 · · Score: 3, Informative

    Well surprising it is especially to check out spammers to see if they have a history before they signup for account. Of course groups.google.com makes it all nice and easy to search

    Rus

  3. USENET not stagnant by Anonymous Coward · · Score: 5, Interesting

    even though USENET has stagnated and not added much new since the 80s, it's still the best way to read an online conversation. None of the web message boards come even close to the speed and ease of use.

    USENET has not stagnated. Not much has been added since the 80s because nothing more was needed. Even with all this p2p nonsense, USENET continues in its near-perfect simplicity and utility. If you're one of these puckered-rectum FAQ Nazis, USENET is chaos. If you're willing to do due diligence of your own filtering and scanning, USENET consistently delivers great text info and binaries.

    1. Re:USENET not stagnant by Anonymous Coward · · Score: 0

      ok, it's not stagnated, it's become a festering shithole where you have to do work to find what you want?

      Oh that's just great. I have a feeling /. is headed in much the same direction. Especially with fabulous groups like the GNAA and random moderators that mod absolute garbage like your post to +5.

      yay for Slashdot!

    2. Re:USENET not stagnant by IcebergSlim · · Score: 1

      What method are you using to access Usenet? If you're just browsing through all of the posts in a group you'll most likely have to wade through the festering shit as you mention.

      I'm assuming you've never used Google Groups to get information from Usenet. If you have, but still opine as you do, then all my sig are belong to you.

    3. Re:USENET not stagnant by ajs · · Score: 1

      In 1988, I could ask a question on a USENET newsgroup, and as long as the question was relatively mainstream among the particular crowd that I was asking (e.g. in the C programming group, if I asked about a pointer management problem), I would get several answers withing a day.

      Today, when I ask very straight-forward questions on USENET groups that are focused on the specific issue that I'm asking about, I get nothing.

      Why? Because no one READS USENET any more. Sure, there are a hand-full of die-hards, but compared to the number of people per group that were reading back in the late 80s and early 90s, USENET is essentially an un-monitored bit-bucket.

    4. Re:USENET not stagnant by btempleton · · Score: 4, Insightful

      What I mean is that USENET has stagnated, innovation wise. It's very difficult to do something new (both technologically, and socially) in USENET, and that's not because it's already perfect.

      The web is not this way. Anybody can build anything they can think of into a web site over a fairly broad range of possibles. It's their web site, there is nobody there to approve or disapprove. If people like it, they read the site, if not, they don't.

      Proposing something new on USENET results in mostly flamewars. Imagine having to have a vote before you can put up a new website!

      At the same time USENET retains some core functions not found on the web. In its true form -- reading news from a local or very nearby server at LAN speed -- it provides a response time that is unmatched. Instant response has a profound affect on UI. You can do things you would not tolerate doing with even a 500ms delay on your clicks as is typical even of fast web sites.

      And it's aimed at conversation, with good thread support, fancy killfile facilities in many readers, and most importantly a basic understanding of what you have read and what you haven't. You can handle a much larger discussion group in USENET than you can with mailing lists, or web boards for example.

      But, counter to this, web boards have had the ability to innovate. Slash was able to add the moderation point system because they wanted it to, and it's vital to a system as big as /. (Even though in total posting volume, /. is a tiny fraction of the size of USENET.)

      USENET is not stagnant in terms of discussions, or the creation of alt groups, but go ahead and try to name the recent innovations there. DejaNews/Google is about the last thing to make a big difference, and that didn't even come from USENET.

      I must say I wish I had seen this thread right away and then I could have done a "first post" and had the only such post to get modded up. :-)

      --
      Has it been over a year since you last donated to the Electronic Frontier Foundation
    5. Re:USENET not stagnant by Ummagumma · · Score: 1

      Im going to completely disagree with you here. I'll post to Usenet, and get several relevant answers, usually within hours. Of course, I have to weed through a few GET VIAGRA ~FREEE GNFDJS posts, but hey....

      I guess it all depends on what information you are looking for. With well over 67671 groups (on my news server at least), are you sure you are asking in the right place?

      --
      "The natural progress of things is for liberty to yield and government to gain ground." - Thomas Jefferson
    6. Re:USENET not stagnant by Anonymous Coward · · Score: 0

      Your response had me thinking that in most cases USENET hasn't innovated much since I was filling a spool directory with UUCICIO on my Amiga. As a web board USENET is exactly the same as it was back then, with the exception of dejanews/google as you mentioned.

      In the area of binaries transmission, the quick adoption of yenc encoded binaries with parity files has fundamentally changed USENET. In most cases you can transmit binaries without need for a single repost. This is defiantly better than things were in the old days, and I suspect has greatly minimized USENET's overall internet footprint in the spool size and bandwidth areas.

    7. Re:USENET not stagnant by pyros · · Score: 2, Funny

      um, yeeaaah, i'm going to have to uuuuhhhhh, disagree with you here.

    8. Re:USENET not stagnant by dnoyeb · · Score: 1

      Have you been smokin son? Whatever the question, I first google the relevant news groups, then google the web if nothing comes up. news groups almost always give me waht I want. Else I post a question on the group itself. again I get excellent answers.

      I also stick around while I learn the particular package in full, and offer new passers by the answers others were nice enough to offer me.

    9. Re: USENET not stagnant by Black+Parrot · · Score: 1


      > I also stick around while I learn the particular package in full, and offer new passers by the answers others were nice enough to offer me.

      Yeah, I feel a social obligation to hang around long enough to answer several newbie questions that are even simpler than mine, partly to "pay" for the service I'm getting, and partly to unload the burden on the gurus so they'll have time to cover the hard questions.

      --
      Sheesh, evil *and* a jerk. -- Jade
    10. Re:USENET not stagnant by Jarlsberg · · Score: 1

      Usenet is still the king, no holds barred. PAN for binaries and groups.google.com for text. Perfect.

  4. Fuhrer? by Anonymous Coward · · Score: 0

    "A friend of mine lived in Germany and was harassed by the local hand of IFPI,"

    Is that something like Internet Fuhrer Polizei... ?

    1. Re:Fuhrer? by Anonymous Coward · · Score: 1, Informative
  5. AMONG by Anonymous Coward · · Score: 0, Offtopic
    Mr Templeton presents, among other things, his view on spam and freedom of speech among.

    Among what? Among other things, his view... among. Makes a lot of fucking sense. Nice editing! You are really shining today slashdot.

  6. Usenet not Useful? by IcebergSlim · · Score: 5, Insightful

    # You were involved in the early days of Usenet. Today, Usenet news seems to me to be only slightly more useful than the average Nigerian scam letter. Are you disappointed?

    Not at all. What's amazing is that even though USENET has stagnated and not added much new since the 80s, it's still the best way to read an online conversation.

    I couldn't disagree more. While there are definitely groups that have unfortunately descended into the chaos of uncontrollable spam and retarded flame-wars, many are thriving with great information. Even the ones infested with crap can be useful by using Google Groups search to glean the content out.

    1. Re:Usenet not Useful? by garcia · · Score: 1

      if you are already on google, why not do a search for what you are looking for? I have never found much useful information from anything on USENET. I stopped using it MANY YEARS ago.

      Like a +5 post just said, "if you do you own scanning and filtering" it's full of good binaries and text.

      So's the web. In this interview it was said that the web is not as good as USENET.

      What's the difference then?

    2. Re:Usenet not Useful? by peeping_Thomist · · Score: 1

      It sounds like you agree with Templeton.

      --
      Anything worth doing is worth doing badly -- G.K. Chesterton
    3. Re:Usenet not Useful? by IcebergSlim · · Score: 1

      I just didn't agree with the interviewer's statement that Usenet is no longer useful, or Templeton's statement that Usenet had stagnated.

      I do agree with him that it can be a great place to have an online discussion; it's sometimes necessary to plonk a few individuals beforehand, but by no means is it difficult as many in here suggest.

    4. Re:Usenet not Useful? by IcebergSlim · · Score: 2, Insightful

      What kinds of information do you specifically look for on Usenet? Give me an example and I'll do a search to see if I can find useful info.

      I'd never say Usenet is better than the web --- they're totally different 'animals'. I would say that Usenet is better for certain things, though. The Usenet archive purchased from Deja by Google allows you to go back decades to find information that would have expired long ago on the web. Looking for information on a vague system error? Try Google Groups sometime --- I think you'll be amazed by the wealth of information contained within. You can search by author (check out some of the threads Linus has participated in), sort by date, etc. I'm baffled to hear people say Usenet has never proven informative.

  7. Lawrence Lessig owes me a hug! by otter42 · · Score: 3, Funny

    Quote--

    Most great things in the world are for girls. I'm happy to embrace as many as I can.

    (Unless he's French. In this case, I forbid him to m'embrasser.)

    --
    www.eissq.com/BandP.html Ball and Plate System. Amuse your friends. Crush your enemies.
  8. Most great things in the world are for girls? by civilengineer · · Score: 3, Funny

    Professor Lawrence Lessig says "Most great things in the world are for girls. I'm happy to embrace as many as I can." All your base are belong to the girls

    --

    New year Resolution: Don't change sig this year
    1. Re:Most great things in the world are for girls? by jeffy124 · · Score: 3, Funny

      All your base are belong to the girls

      are you just figuring that out for the first time?

      --
      The One Rule Of Chess You'll Ever Need: Don't play someone who carries a kit in their bookbag.
    2. Re:Most great things in the world are for girls? by stratjakt · · Score: 0, Flamebait

      Professor Lawrence Lessig says "Most great things in the world are for girls. I'm happy to embrace as many as I can."

      He's talking about penises and testicles and dildoes, etc, etc.

      --
      I don't need no instructions to know how to rock!!!!
  9. spam and copyright laws by Trelane,+the+Squire · · Score: 5, Insightful
    Already, I notice more and more of my phone solicitations are done by cheaper labour in India. Telephony has become as global and cheap as E-mail, but some people don't know that yet.
    and I'll bet when companies do realize this, and the calls start flowing as frequently as email spam, the backlash will be severe enough to take care of both problems. I just hope it doesn't destroy my freedoms with its severity.
    Lessig on copyrights:

    No copyright protection at all for any software whose source code is not deposited.

    This struck me as reasonable. Either I trust the government to keep my stuff safe, or I try to keep it safe myself. It's when I try to keep it safe myself, yet task the government with going after anyone I say is using my stuff, that things get sticky... I could use the government to try to stop competition.
    1. Re:spam and copyright laws by RevMike · · Score: 4, Interesting
      >>No copyright protection at all for any software whose source code is not deposited.

      This struck me as reasonable. Either I trust the government to keep my stuff safe, or I try to keep it safe myself. It's when I try to keep it safe myself, yet task the government with going after anyone I say is using my stuff, that things get sticky... I could use the government to try to stop competition.

      I agree as well, although the 10 years might be a little steep for software. Patents should probably be thrown into the mix as well, with a graduated expiration based on the area of knowledge. Business Process patents would be very short - 3 years. Software patents would run about 7, perhaps. Things like pharmacueticals, with tremendous R&D costs, would still get protection for about 20 years.

      The other issue with copyright I'd like to see addressed is "continuous use". My idea is that certain types of copyrighted work would continue to be protected provided that it was in continual use. For instance, since Disney continues to use the Mickey Mouse character on an ongoing basis, Mickey Mouse works continue to be covered by copyright. Ian Flemming's James Bond character also would be covered since every few years a new movie is released. Once a work is "abandoned" - not used for perhaps 5 years, however, a clock starts ticking for a copyright expiration in, say, 15 years rather than 75.

      Taking a traditional Locke property view of copyrights: As long as a farmer is continuing to till his soil every season, there is no reson to take the farm away from him. Once he abandons his farm, perhaps because he can't till it profitably, others should have a chance to give it a try.

    2. Re:spam and copyright laws by Trelane,+the+Squire · · Score: 3, Insightful
      The other issue with copyright I'd like to see addressed is "continuous use". My idea is that certain types of copyrighted work would continue to be protected provided that it was in continual use. For instance, since Disney continues to use the Mickey Mouse character on an ongoing basis, Mickey Mouse works continue to be covered by copyright. Ian Flemming's James Bond character also would be covered since every few years a new movie is released. Once a work is "abandoned" - not used for perhaps 5 years, however, a clock starts ticking for a copyright expiration in, say, 15 years rather than 75
      That sounds very reasonable. The only thing I might add would be the 'abandoned work timer' should be cumulative, imo. As in, a this work has a certain total amount of time it can be abandoned, so as to keep companies from doing somehting small every so often just to keep it alive.
    3. Re:spam and copyright laws by Hard_Code · · Score: 1

      Continual use is not sufficient, because the content SHOULD go to the public eventually. Although, Lessig does have a proposal to require a charge of $1 for copyrighted works, which would allow vast amounts of stuff that is copyrighted, but has not been claimed or used, to fall into the public domain. Still, it's not the complete solution.

      --

      It's 10 PM. Do you know if you're un-American?
    4. Re:spam and copyright laws by Steve+B · · Score: 3, Insightful
      This struck me as reasonable. Either I trust the government to keep my stuff safe, or I try to keep it safe myself.

      Note that this is precisely the legal regime that applies to physical products -- you can either have a patent, or a trade secret, but not both.

      --
      /. If the government wants us to respect the law, it should set a better example.
    5. Re:spam and copyright laws by Ed+Avis · · Score: 2, Interesting

      Software patents of seven years (or shorter) duration would not be a good idea. Given the incredibly low standard most patent offices (in America and Europe) apply, a company can simply apply for twice as many patents to cover the fact that they last half as long. If you are currently infringing 4000 (trivial) software patents held by Lucent, then with a seven year duration you'd probably be infringing about 2000. They can still shake you down for money.

      It would be interesting to see an economic study assessing the likely impart of different patent lifetimes. However as far as I am aware no economic study has shown a case for software patents, with any lifetime.

      On 'continuous use' - all this would do is create jobs for a few extra lawyers whose job it would be to 'release' new works using a character every few years (perhaps a badly drawn comic strip? anything at all in fact) to stay within the letter of the law.

      Your farming analogy doesn't fit because you are not 'taking away the farm' when copyright expires. A work that is in the public domain can be used by all, and one person's use of it does not exclude another's. Whereas land and most physical goods are exclusionary.

      I'm quite happy that Disney should be able to continue using the Mickey Mouse character in new works. What's not so good is that the law prevents anyone else from doing so (even though Disney itself has often benefited from characters and stories in the public domain).

      --
      -- Ed Avis ed@membled.com
    6. Re:spam and copyright laws by cpt+kangarooski · · Score: 2, Insightful

      There is no traditional lockean approach to copyrights. Copyrights are utilitarian, not lockean. Locke can go to hell -- he has no place in a discussion of IP.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    7. Re:spam and copyright laws by Mitreya · · Score: 1
      For instance, since Disney continues to use the Mickey Mouse character on an ongoing basis, Mickey Mouse works continue to be covered by copyright.

      As far as I know that has already been taken care of. It is called a trademark. Trademarks protect characters such as Mickey Mouse in parrallel with copyright. Trademark will not expire at all unless they are not defended. And that is the most ridiculous part of the copyright extension. Disney DOES NOT need it to protect the character of Mickey Mouse... they have a trademark for that.

    8. Re:spam and copyright laws by Rinikusu · · Score: 1

      Define "use" though.

      Let's take a cartoon character that's been languishing for awhile that is dangerously close to your 5 year rule. Simple solution: Make a Tshirt ($10), slap it on some kid in some movie somewhere, and now it's "used" (to make it more legitimate, maybe charge $10 as a licensing fee for that movie). Have a bunch? Make a Tshirt with a giant collage of them. Same deal.

      Basically, you'd end up creating another beaurocratic system arguing semantics over "use", all at tax-payer expense, and yet another group to get influenced by the lobbying efforts of big business.

      --
      If you were me, you'd be good lookin'. - six string samurai
    9. Re:spam and copyright laws by cpt+kangarooski · · Score: 1

      I don't think it'll work. It's only barely been touched on in the courts, due to the situation not arising much, but a trademark is basically an inferior right to a copyright; it cannot supplant it. Congress isn't allowed to grant anything that can do the work of a copyright that isn't one, or that lasts forever.

      If the work falls into the public domain, I see little chance of a trademark surviving. Disney seems to have thought so too, as otherwise they wouldn't've bothered with the CTEA.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
  10. triumph of the commons by urbazewski · · Score: 5, Insightful
    Not a lot, other than if that spectrum were made unlicenced, there would be an internet-like explosion of communications tech in wireless.

    In fact, that's already going on, with just a few tiny bands opened up.

    Oddly, a reverse of that tragedy of the commons I spoke about above, because spectrum allows sharing very nicely with everybody doing their own thing.

    In the 90's a whole bunch of economists, led by Hal Varian at Berkeley and J. MacKie-Mason (still at Michigan I think), churned out a whole bunch of papers about the impending and inevitable "tragedy of the commons" on the Internet --- the whole enterprise was going to come to a grinding halt if one of their pricing schemes wasn't implemented soon.

    It still amazes me how little they understood about the incentives for innovation, and how little their incorrect predictions mattered to their careers/credibility. Not too surprisingly, many of these same economists have argued that a private licensing of spectrum through auctions will increase efficiency, even as it kills innovation.

    --
    foldplay your photos won't know what hit them.
  11. Balance of copyright by Magic+Thread · · Score: 4, Interesting
    From the Lessig interview:
    # Speaking of copyright - what would a Lessig balance of copyright look like? Would you regulate books and computer programs different?

    Deposit requirement.
    Registration requirement.
    Anyone else think these two are unreasonable? They deal no harm to huge corporations of the kind that now own our culture, but they would be a major obstacle to people who just want to make stuff. If I had to go fill out forms and spend money every time I wrote an article or composed a song, I would do much less of those things.
    1. Re:Balance of copyright by RevMike · · Score: 5, Interesting
      >>Deposit requirement.

      >>Registration requirement.

      Anyone else think these two are unreasonable? They deal no harm to huge corporations of the kind that now own our culture, but they would be a major obstacle to people who just want to make stuff. If I had to go fill out forms and spend money every time I wrote an article or composed a song, I would do much less of those things.

      It depends alot on how difficult it is to register your work. If it was a simple and free web form/ftp to the library of congress, probably not big deal (to us - there would need to be methods for the non-computer literate as well).

      If you needed to spend $10, you probably wouldn't bother with some things.

      If you needed to spend $1000, well, that would really suck and would stifle creativity.

      As a major side benefit, all the works would automatically be freely available from a set of libraries as soon as the copyrights expired.

    2. Re:Balance of copyright by Elwood+P+Dowd · · Score: 3, Insightful

      The whole point is that he doesn't want things like Slashdot comments to have automatic, near-infinite copyrights.

      He wants most things (emails, notes, blogs) to be free of copyright. Copyright would only apply to things that actually had some cost in their production, and would not get produced without copyright.

      That means that instead of having a giant WWW full of copyrighted material, you'd have a giant WWW full of the public domain.

      --

      There are no trails. There are no trees out here.
    3. Re:Balance of copyright by Magic+Thread · · Score: 1

      Has he forgotten that the intent of copyright is to get people to make stuff? I wouldn't write most of my e-mails, notes, and blogs if I couldn't copyright them. I also compose songs and distribute them on the Internet, but if I couldn't copyright them, I would keep them to myself. And maybe not even make them to begin with.

    4. Re:Balance of copyright by Elwood+P+Dowd · · Score: 2, Insightful

      You would be able to copyright them. Larry Lessig doesn't want to stop you. However, if you wish to do so, you'd need to make a point to request a copyright.

      The reason for this is that there are many things that no one ever desired a copyright for, but they are still prevented from being used/archived/etc due to automatic copyrights. So we lose helpful but forgotten material. This has only been going on since the mid 60s, and it only happened because content industries didn't want to have to compete with free content.

      IMHO, a requirement for an explicit copyright notice would be sufficient in this regard. If you want to copyright, just say "Copyright "Magic Thread Heavy Industries, LLC", July 31 2003" and don't worry about it. If you forget to provide notice, then you're the asshole.

      His source code requirement is so that computer programs don't get special protection not provided to books, which is what copyright was designed for.

      --

      There are no trails. There are no trees out here.
    5. Re:Balance of copyright by Magic+Thread · · Score: 1

      Let me rephrase that, then... if I couldn't conveniently copyright them. The explicit copyright notice is a much more reasonable idea.

    6. Re:Balance of copyright by cpt+kangarooski · · Score: 2, Insightful

      Yeah, but the intent isn't _just_ to get people to make stuff. The intent is to benefit the public. The public _may_ be benefited if you make stuff, but the public is also benefited by having a healthy public domain.

      I sincerely doubt that you would cease your personal correspondence with people if it weren't copyrighted. I don't think that anyone writes letters to their friends because they think they'll be able to profit off of them later should they be published.

      If something is to be copyrighted, it should be _worth_ being copyrighted. That is, the author should be willing to jump through some hoops, so secure is he that his work will later profit him. If he's not, it seems rather wasted to give him protection for something he doesn't value economically. I say economically because copyright only benefits an author in that fashion; if an author wants to create art for art's sake, or wants the fame, he'll be encouraged without the copyright.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    7. Re:Balance of copyright by Magic+Thread · · Score: 1
      the author should be willing to jump through some hoops, so secure is he that his work will later profit him. If he's not, it seems rather wasted to give him protection for something he doesn't value economically. I say economically because copyright only benefits an author in that fashion; if an author wants to create art for art's sake, or wants the fame, he'll be encouraged without the copyright.
      That's where you're wrong, assuming it's all about profit. I happen to be a vegetarian, and if I wrote a song that was then used by some food company in a commercial for a meat product, that would displease me greatly. Copyright allows me to prevent such a scenario. For at least the term of the copyright, I won't be inadvertently supporting something I don't like.

      I do think another poster's suggestion of simply requiring an explicit copyright notice is much more reasonable proposal, and one I will consider endorsing. But every time I make any creative work, according to you and Lawrence Lessig, I should have to spend money and waste my time completing some registration process. Or I can risk having my creation used against me. Or I can keep it to myself as long as possible. Which choice I'll most often pick is left as an exercise to the reader (hint: it isn't #1 or #2), but none of the choices are good for me or for the public.

    8. Re:Balance of copyright by cpt+kangarooski · · Score: 1

      That's where you're wrong, assuming it's all about profit. I happen to be a vegetarian, and if I wrote a song that was then used by some food company in a commercial for a meat product, that would displease me greatly. Copyright allows me to prevent such a scenario. For at least the term of the copyright, I won't be inadvertently supporting something I don't like.

      But this isn't a copyright goal. Consider the First Sale and Fair Use doctrines.

      In fact, in your scenario, you're dead wrong. All the food company needs to do is have a performer who's willing to work for them play your song per the compulsory license. Using your song in their ad without your permission is entirely legal even during the copyright term.

      Your _actual_ best hope is to sue, not over copyright, but via state publicity rights instead. At least there you might have a chance. (there was a similar case involving Bette Midler, IIRC)

      But every time I make any creative work, according to you and Lawrence Lessig, I should have to spend money and waste my time completing some registration process.

      No. Only every time you want a copyright in it. Do you seriously care about, e.g. your copyright in your /. post to which I'm replying to? If so, I really cannot imagine why. Notice is another important formality, but unrelated to registration. Still, there's a reason why registration was essential from 1710 through 1976, and why it in fact remains on the books today. It's absolutely key for the public policy goals of copyright.

      Whether you like it or not, I couldn't care less. In a discussion about copyright, artists aren't really very important. I mean, when was the last time a dairy farmer interested in efficient, economic milk production asked the opinion of his cattle? Same basic thing here.

      See, you forget -- the goal of copyright isn't to produce works, it's to benefit the public. Sometimes this means producing works, sure. But some works -- for example, your works -- come at too high a price. It would harm the public to encourage you to create works, given how much you're demanding to do it. We're better off if you don't bother, though of course, it'd be nice if you would give in.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    9. Re:Balance of copyright by Anonymous Coward · · Score: 0

      I happen to be a vegetarian, and if I wrote a song... A vegetarian song? none of the choices are good for me or for the public I don't see much wrong with you keeping your vegetarian songs quiet...

    10. Re:Balance of copyright by Anonymous Coward · · Score: 0

      The songs I write have nothing to do with vegetarianism. Perhaps I chose a bad example.

      -Magic Thread (I post AC when I am biting trolls)

    11. Re:Balance of copyright by Magic+Thread · · Score: 1
      In fact, in your scenario, you're dead wrong. All the food company needs to do is have a performer who's willing to work for them play your song per the compulsory license. Using your song in their ad without your permission is entirely legal even during the copyright term.
      I've researched this compulsory license concept just now, and it's very interesting. Thanks for alerting me to it. Still, that's a special case; my general point still holds.
      No. Only every time you want a copyright in it [ must you spend money and waste your time completing some registration process]. Do you seriously care about, e.g. your copyright in your /. post to which I'm replying to?
      I wasn't considering things like /. posts as "creative works." The post is part of an ongoing debate, somewhat like a conversation. Sure, the public domain can have my /. posts.

      On the other hand, if I wrote a five-page article about this topic and put it up on a web site, that would be different. In this particular case, I might allow copying because I'd want as many people to see my article as possible. But copyright is still useful to me: I might use a license that doesn't allow derivative works, so no one could make it look like I said something I didn't. Perhaps I would decree that "verbatim copying and distribution of this entire article is permitted in any medium, provided this notice is preserved."

      What I don't like about having to pay money and register copyrights is that it will be easier for those with deeper pockets to register copyrights. Copyrighting should not be a privilege reserved for the rich.

      Also, consider that copyright is required for the concept of copyleft (or "share-alike," as Creative Commons calls it) to work. I think it can be argued that copylefted works are sometimes more beneficial to the public than PD works.

    12. Re:Balance of copyright by cpt+kangarooski · · Score: 1

      I wasn't considering things like /. posts as "creative works."

      They are. I don't have a problem with that, however I don't want to have to worry about them being copyrighted unless the author wants them to be above a certain threshold. The mere desire is too damn expansive.

      What I don't like about having to pay money and register copyrights is that it will be easier for those with deeper pockets to register copyrights. Copyrighting should not be a privilege reserved for the rich.

      Maybe, but as a general rule I doubt that they'd bother either unless they thought it was worth it. Before 1976, formalities such as registration were more important, AND the copyright term didn't last so long, and could be renewed, if requested, once.

      Nevertheless, lots of wealthy authors didn't copyright every stupid little thing such as our posts here -- which is where your proposal takes us (in fact we're there already) -- but instead only copyrighted things that were felt worthwhile, and only renewed things that were even more worthwhile. Lots of works turned out not to be worth the trouble of renewing. Basically any copyrightable work after 1923 that's in the public domain is there because no one bothered to register or renew. There's a fair number of such works.

      If the initial registration is fairly cheap, and successive ones are not, this basically takes care of your problem. If a poor author can't get rich by his works, what the hell good is a copyright doing him and the public anyway?

      Also, consider that copyright is required for the concept of copyleft (or "share-alike," as Creative Commons calls it) to work. I think it can be argued that copylefted works are sometimes more beneficial to the public than PD works.

      No, they're not.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    13. Re:Balance of copyright by Magic+Thread · · Score: 1
      No, they're not.
      Oh, that was a nice rebuttal. Care to elaborate, or is that all I'm getting?
    14. Re:Balance of copyright by cpt+kangarooski · · Score: 1

      The public has numerous desires with regards to creative works. Satisfying these desires as much as possible is the single core goal of copyright law.

      They include, but aren't limited to: that original works will be created; that derivative works will be created; that such works will be freely available (in terms of price and ease of acquisition); that such works will be preserved for posterity; that such works will be able to form the basis of later derivative works; that such works can be used and enjoyed as they are; that such works can be copied, modified, distributed, performed, and displayed to the full extent that anyone should wish to do so.

      These are the public benefits that copyright is intended to accrue.

      GPL'ed works don't satisfy these as much as public domain works might. Public domain works can form the basis for derivative works that are, in their new portions, copyrighted. The GPL circumvents this somewhat by making the new portions GPL'ed, perhaps discouraging authors from bothering. Similarly there are discouraging limits placed on distribution.

      Don't get me wrong, I do like and respect the GPL a great deal. But getting works into the public domain rapidly is a better solution overall. Only barring that would I tend to support the GPL, which does do an admirable job of satisfying those goals, just slightly not as good of a job.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
  12. The author doesnt see /. as friendly? by Anonymous Coward · · Score: 0

    http://www.algonet.se/~mpawlo/friends.html

  13. Fuck Malthus! by Anonymous Coward · · Score: 0, Offtopic

    The club of Rome's crucial mistake is that they use the same model used to study bacterial growth and apply it to people. They totally ignored the fact that people can react to changes in their environment through invention. They never saw the green revolution coming. And belive you me, if the world was really in danger of starving, nobody would listen to anyone whining about the dangers of genetically modified crops.

  14. Is it a revolution? by Phoenix666 · · Score: 5, Insightful

    I wonder. On the one hand, there are 60 million Americans out there ending the old media cartels one download at a time, and that's a very good thing and it's revolutionary. But on the other hand, the online community seems utterly paralyzed in terms of taking real political action against those powers-that-be who are trying to take our rights away. Whether it be privacy or the DMCA or monopoly behavior, everytime they announce some new scheme to disenfranchize us, the answer from the online community is a deafening silence.

    The EFF is a very good organization, and they're doing a lot of good work on our behalf. But they're more like the ACLU of cyberspace than, say, the Sierra Club or NRA. What we need is a membership organization that can carefully target politicians like Tauzin or Berman who do not vote our way. When millions of voters and campaign contributors speak, then, and only then, does the government listen.

    --
    Do what you can, with what you have, where you are.
    1. Re:Is it a revolution? by RevMike · · Score: 1
      there are 60 million Americans out there ending the old media cartels one download at a time...

      The EFF is a very good organization, and they're doing a lot of good work on our behalf. But they're more like the ACLU of cyberspace than, say, the Sierra Club or NRA.

      Don't forget the AARP. The "Gray Panthers" are by far the most powerful lobby group in the USA.

      People very infrequently vote on a single issue. Voters tend to look at a handful of important issues and decide that they agree or diagree with each candidates position. For instance - my list might look like this...

      1. National Security/Defense
      2. Trust (admittedly fuzzy)
      3. Economic Policy
      4. Taxes
      I'm going to base my vote on these issues, even though I may care about others. Other people may have issues like Education, Universal Healthcare, Minority advancement, etc.

      While many people are concerned about the RIAA, few will weigh those kinds of issues as heavily as these?

      Since these issues won't swing votes, the lobbyists have the upper hand.

    2. Re:Is it a revolution? by Rinikusu · · Score: 1

      I don't think so. A lot of folks here like to say that touring is where the money's at with bands and I, as a musician, strongly disagree. Smaller acts mostly take losses on tours, CD sales at the merch table typicall lessens the effect (and pays for gas and dinner to the next town), not to mention that TOURING FUCKING SUCKS (you try living with 5 of your friends in a van for a couple months. Chances are, you won't be friends afterwards. Even if you do live through it, it's still a miserable (albeit rewarding in its own way) experience). Remember that "big bands" usually start small (unless you're a manufactured group) and it's a long road to the top sometimes. You should read "Our Band Could Be Your Life" for a good look at what it's like being an "independent" band.

      --
      If you were me, you'd be good lookin'. - six string samurai
    3. Re:Is it a revolution? by SheepHead · · Score: 1
      i think eventually the Internet will help change lots of things, but it is going to take a long time. our (the US) Democracy is slow to change, which is a good thing. and things may get worse (DMCA) before they get better (shorter copyrights?)

      for example, in presidential elections (to choose the most famous but not necessarily most important election, for these issues anyway) i don't think the Internet has yet played a major role. i don't think Bush was elected because of his use of a new medium to access voters; rather i think he probably stands at the end of a long line of politicans who have crafted their elections around old media and the ways to use it effectively. (one could say manipulate it, if you were going to be cynical about things.)

      the next election i think will be helped along more by innovative uses of the Internet, but i don't even have high expectations for this upcoming election - i think the real changes (in politics) won't happen for a few more years at least - and continue to change as tactics are refined.

      so, saying "the online community seems utterly paralyzed," is looking at things using an Internet-based timescale. the political timescale is much, much longer, and i think we will see the effects eventually. don't lose hope because democracy moves slowly - be glad our government doesn't move faster, lest we be even more screwed in the short term!

      --
      7d9e63e9501751ff4bf9307989d5623d *SheepHead
  15. software patents by brlewis · · Score: 3, Insightful

    How about we respect the opinions of the US Supreme Court for a change, and not allow software patents at all?

  16. Templeton as head of EFF is ironic by russotto · · Score: 2, Interesting

    There's something very ironic about Brad Templeton, who once proposed the banning of alt.binaries.pictures.* on copyright grounds, being the head of the EFF, when the greatest threat to "electronic freedom" is copyright.

    Brad Templeton in 1993:

    Indeed, the binary groups are not all violations, but some binary groups are mostly violations, and groups that are mostly violations must be taken from your system if you want to avoid participation in organized copyright violation.
    1. Re:Templeton as head of EFF is ironic by Sloppy · · Score: 3, Insightful
      Copyright is hardly a serious threat to electronic freedom.

      The things that are threatening electronic freedom are the perversions of copyright: access controls, enforced access controls (DMCA), ever-increasing retroactive term extensions, etc. Copyright all on its own, is a fair deal.

      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
    2. Re:Templeton as head of EFF is ironic by btempleton · · Score: 3, Insightful

      So migration in your views is ironic?

      It's the folks who hold exactly the same views as they did 10 years ago that I wouldn't trust.

      The questions about the role of intellectual property on the net have been among the most new in cyberlaw. I've made a number of thoughts and predictions about how they will pan out or how they should. Some right, some wrong.

      And I still defend copyright and disagree with those (inside the EFF or out) who want to simply dismantle it. But everybody at the EFF is bothered by the collateral damage caused by copyright holders attacking not infringement, but the underlying technologies which are being used for it.

      --
      Has it been over a year since you last donated to the Electronic Frontier Foundation
  17. I wish the EFF would make a simple statement... by Anonymous Coward · · Score: 2, Insightful

    'The EFF is against copyright infringement on principle. Copyright infringement is, as of this time, illegal. Those who contribute to the EFF because they are 'for file sharing' and then share copyrighted music do a double disservice to the organization - first, they have a mistaken impression of what the EFF supports (which is the free distribution of information not bound by copyright or other restrictions), and two, they no doubt share this mistaken belief with others, giving the impression that the EFF by proxy supports copyright infringement over P2P networks to further a cause of limited copyright and limited copyright rights.'

    This really is simple. 'Copyright infringement is wrong.' Period, end of press release. From all the posts I see on slashdot and the number of people I know who file trade (and their rationale), I have to wonder if that one sentence press release would completely blow them away.

    I've come to the conclusion recently that the RIAA intends to use a squeeze and destroy tactic to accomplish their ends. Copyright infringement on P2P networks won't be tolerated. Period. If they can't use existing law to stop that, they'll get legislators to pass new ones. The only reason that some laws proposed haven't yet passed is because I believe many legislators are still doing a 'wait and see' to see if the problem goes away without further decreasing the rights of people to do it.

    But if that doesn't happen, I have very little doubt that CBDTPA and the 'hack computers that are file trading' laws will pass with fanfare, because they will finally 'stop the stealing', assuming it goes on that long. At that point, all we have left to trust are the courts to overturn the law. We've seen how successful that's been with the DMCA.

    I believe the EFF needs to make a firm stand about this issue, because if people are let to believe that if only they fileshare enough, if only enough people do it, that somehow, legislators will just conveniently forget that copyright infringement is still infringement and drop the whole thing. In fact, I believe that should it come to that, the U.S. government will pass a bill making copyright infringement in certain circumstances (like P2P sharing) a CRIMINAL offence, rather than a civil one. And there isn't a single infringement of anybody's basic rights if that happens - a lot of people will just find themselves in jail, and Congress has every right to do it.

    I believe the EFF is obligated to, while supporting the principle of P2P file sharing technologies, also make crystal clear that every infringement that occurs on those networks hurts the very cause that the EFF is trying to underscore.

    I won't give the EFF a single penny until something like this happens. As is, I believe the EFF is giving a bad message to file sharers: 'We're behind you.' That's not a good long term message. It should be, 'We're behind your using these services legally, and we will spit on you if you knowingly infringe people's copyrights - because that is not what we're about.' I'm sorry for the rant/flame, and it reads this way, but I am quite concerned about this trend. Taking care of egregious copyright length and bredth is NOT part of the same argument behind P2P sharing. Mixing them is creating an extremely dangerous mixed message.

    I don't want to see laws passed to punish those that don't get the message fast enough - because that message isn't spelled out to them.

    1. Re:I wish the EFF would make a simple statement... by turnstyle · · Score: 1
      Indeed... The EFF's "File Sharing: It's Music to our Ears" campaign sends a message that seems to endorse copying others' works.

      It seems the message should be encouraging Creative Commons and GPL for those that choose that route, and respect for those that don't.

      The typical "RIAA vs. freedom" spin turns a blind eye to all the small independents that also sell their work, and not just musicians, but software developers and so on.

      I make software for playing music over the Web (Andromeda) and I'd like the RIAA to make it clear whether it's ok for me to let my mom listen to my music via Andromeda, but when the EFF seems to endorse copying music, it feels like they must also endorse copying software.

      Furthermore, the typical "compulsory" models offered as replacement to the current system seem to require everybody's PCs to report back to a central agency with a running record of what files are consumed -- and that seems like just the sort of thing the EFF should be PROTECTING us from.

      --
      Here's what I do: Bitty Browser & Andromeda
  18. Copyright is not the threat by Jerf · · Score: 2, Interesting

    Copyright is not the threat to freedom. Indeed, copyright will be one of the utterly necessary tools to secure it, though it may not resemble its current form much. Copyright abuse is a threat to freedom, and the inability of the current system to correctly use copyright is a threat to freedom, but the answer is not to give up all copyright; that's tantamount to just giving up, because with no protection from the corporations, we lose, immediately.

  19. Lessig's ideas are unconstitutional by geekee · · Score: 2, Insightful

    " # Speaking of copyright - what would a Lessig balance of copyright look like? Would you regulate books and computer programs different? 14 year term, renewable to 28 for all but computer programs. Deposit requirement. Registration requirement. Vastly limited "derivative rights". 10 years for software max, if and only if, the source code is deposited. No copyright protection at all for any software whose source code is not deposited. "

    The idea that you need to deposit a work to copyright it is ridiculous. It's a scam where "the public" tries to benefit unfairly from an individual by forcing him to turn over a work to the public in order to get protection from the public. In the US, if I write something, whether I release it to no one or sell to anyone, I still retain the exclusive copyright. This is particularly important in the case of software, since there is not necessarily a motive to sell the source to the public. Lessig wants to force every company into a BSD style coding license after 10 years, however, or receive no protection for written software (if you refuse to deposit). This is a direct attack on proprietary software, as well as GPLed software, since both lose copyright in a very short time, after which anyone is free to copy out of a public archive and do as they wish with it.

    --
    Vote for Pedro
    1. Re:Lessig's ideas are unconstitutional by ocelotbob · · Score: 3, Insightful
      I disagree. How much software is commercially viable after 10 years? Besides, any law such as the one Lessig proposes would be consitutional as the constitution states:
      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;

      Thus, as long as it could be proven that their requirements promotes progress, they can change the copyright laws, as long as it's for a limited time. Copyright's an unnatural right, designed soley to help society as a whole by promoting people to get out and market their works. If it's decided to put additional burdens on someone before they receive the benefits of copyright protection, then so be it.

      Besides, most software is not commercially viable after a decade, so I fail to see how Lessig's proposal is unreasonable. Care to enlighten me?

      --

      Marxism is the opiate of dumbasses

    2. Re:Lessig's ideas are unconstitutional by Nucleon500 · · Score: 2, Insightful
      Yes, but "a scam where 'the public' tries to benefit" is exactly what copyright is supposed to be. It's an incentive to publish. Consider that when the Constitution was written, there was no such thing as binary-only publishing. With a book, it's all or nothing, unlike software with it's source/binary distinction. And it used to be that if you didn't send a copy of your book to the Library of Congress, you didn't get a copyright. I'm not saying I agree with a deposit requirement, but it shouldn't be dismissed offhand.

      And it's certainly not an attempt force everything into a BSD license. A BSD license allows (almost) unlimited copying and deriving, but even a deposited copyright wouldn't allow either. It'd be like a book: you can go to the Library of Congress to read it, you can take ideas from it, you can learn how to read with it, etc. You still can't copy or translate it.

    3. Re:Lessig's ideas are unconstitutional by Elwood+P+Dowd · · Score: 1

      Show me the part of the constitution that contradicts his proposal, and I'll show you a naked picture of my girlfriend. She's 19, and she's hot. The constitution is 200 and wrinkly. I'd say that's a fair spread...

      --

      There are no trails. There are no trees out here.
    4. Re:Lessig's ideas are unconstitutional by Anonymous Coward · · Score: 0

      Article II, Section 2:

      He [the President] shall have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the Senators present concur;

      The registration requirement violates the terms of the Berne Convention and other copyright treaties. As the President and Senate agreed to this on behalf of the US, then the legislature is bound, by constitutional law, to uphold it.

      Okay, it's a bit of a stretch. So send me a naked picture of your girlfriend stretching.

      60f38706edf992bc2244f34aac170dd1

    5. Re:Lessig's ideas are unconstitutional by cpt+kangarooski · · Score: 1

      Yeah, but we can renounce treaties too.

      Besides -- treaties virtually never provide individuals with a cause of action. If Congress decided to ignore their responsibilities under the Berne Convention, no one can actually overturn what they did, for lack of standing. Other nations may get upset and treat us differently, but they still cannot force change through the system.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    6. Re:Lessig's ideas are unconstitutional by Little+Brother · · Score: 1

      Um thats like saying that because the congress has the power to create laws, breaking any law is constitutional. Something is only unconstitutional if it is against the rules laid out in the constitution, not against rules that the constitution gives permission for somebody else to make.

      --

      Little Brother, watching the watchers

    7. Re:Lessig's ideas are unconstitutional by Anonymous Coward · · Score: 0

      Yeah, but I've seen Elwood's grilf, and had to make an attempt-- no matter how lame.

    8. Re:Lessig's ideas are unconstitutional by CentrX · · Score: 1

      The Constitution is the supreme law of the land. A treaty does not supersede the constitution and it cannot legally grant additional rights to the government or take rights from the people. If a law is unconstitutional, it is unconstitutional and not legally forceful, regardless of any treaties to the contrary.

      --

      "The price of freedom is eternal vigilance." - Thomas Jefferson
  20. Lessig's Idea on Copyright Length / Berne Treaty by Famatra · · Score: 1

    That copyright length is a dream come true.

    However, isn't Lessig's ideas on copyright length against the Berne Convention(50+ years)?

    Need to get everyone to withdraw from that treaty :).

    -Quotes from Interview-
    # Speaking of copyright - what would a Lessig balance of copyright look like? Would you regulate books and computer programs different?

    14 year term, renewable to 28 for all but computer programs.
    Deposit requirement.
    Registration requirement.
    Vastly limited "derivative rights".
    10 years for software max, if and only if, the source code is deposited.
    No copyright protection at all for any software whose source code is not deposited.

  21. Ombudsman by thorgil · · Score: 0, Offtopic

    Heh..
    Didn't knew "ombudsman" was an english word... cool

    Must be a fairly "new" word right?

    Ombudsman, It's scandinavian.

    --
    Warning: This sig contains a small bug. ==> *
    1. Re:Ombudsman by BigBadBri · · Score: 1
      Well - we've had ombudsmen in the UK all my lifetime, so it's at least 40 years old over here...

      --
      oh brave new world, that has such people in it!
    2. Re:Ombudsman by blane.bramble · · Score: 1

      Chambers has it down as "early 20th century".

  22. I wish the EFF would just understand.. by argoff · · Score: 1

    That copyrights are not a right, and aren't as great as they're cracked up to be, and infact they're outright immoral. That they riun peoples lives who are most often creative people and artists (look at the crap in hollywood culture), and they stagnate the entire economey except for the infinitesimal few (whoopie, I can get a 100$ copyright monopoly, but loose out on over a trillion $ worth of info that's out there - thanks)

    Finally, as our society enters into the information age - there can be no middle ground. Information is so easy to copy and manipulate that you'll either half to controll all of it - or copyrights become unenforcable and minus well not exist. The big media industries know that and so should the EFF and the rest of us.

    Oh and one more thing, I wish they would promote more civil disobedience, or defiance. When they always insist on working thru the system, they are just making us like cows going to the slaughter. Our strengths are technology, and we should use that in defiance - not be ashamed of it.

    1. Re:I wish the EFF would just understand.. by Anonymous Coward · · Score: 0
      I realize that I am not speaking for the EFF, but as this was a reply to my post, I figured I would do the reply.

      That copyrights are not a right, and aren't as great as they're cracked up to be, and infact they're outright immoral.

      Immoral, and 'not as great as they're cracked up to be' is not the same thing as 'legal under the United States system of laws and the Berne convention'. I never said that copyright law doesn't have its problems, because God knows it does, but the RIAA and MPAA have nothing to fear in trying to enforce something they have every legal right to have.

      Under the U.S. Constitution, copyright IS in fact a right. The distinction is how that very broad right is applied by laws, and one can easily make an argument that those laws go overboard. But that has nothing to do with whether or not P2P file sharing is illegal under the Copyright acts of any given year and the DMCA.

      That they ruin peoples lives who are most often creative people and artists (look at the crap in hollywood culture), and they stagnate the entire economey except for the infinitesimal few (whoopie, I can get a 100$ copyright monopoly, but loose out on over a trillion $ worth of info that's out there - thanks)

      There are arguments that can be made for both these points. However, creative people and artists who enjoin themselves into contracts with those that take copyright law as written seriously dive into this with open eyes. If they don't, the laws allow the RIAA and MPAA member companies to get away with it anyway. If Wham decides that 'Last Christmas' should be a free song for everyone, that isn't their right to decide. They never HAD that right, because their contract gave that to their record label. Their record label is more than interested in seeing that 'Last Christmas' remain theirs as long as it is profitable to keep it. Again, two different eggs.

      I hate to put it this way, but if Sony decides that one of their artists' music deserves to sit in a hole and rot until unplayable, that's their right. It's also their right to charge whatever they like for that music, subject to antitrust laws. You may not like it, but this is the system we have to work with right now.

      Finally, as our society enters into the information age - there can be no middle ground.

      A middle ground requires compromise. My belief is that the RIAA is content to allow certain issues to go unchecked - like cassette passing to second parties (direct friends), so long as the vast majority agree that doing things like massive copyright infringement is wrong. P2P is changing this attitude to one that says 'Why should I pay for anything?' for some people. Understandably, as long as this attitude is pervasive, the RIAA isn't terribly willing to hear the other side. Their interest is in maximizing profit, not in what public service they do to people. That is theoretically where the government is supposed to make its decisions on limits of copyright, based on advancement of 'science and the useful arts'.

      The other side that thinks they're 'sticking it to the man' by freely trading copyrighted material are being just as short sighted as the RIAA. They apparently, as I said before, believe that since 'information wants to be free', it should be, by their say-so. That's not the way legal systems work. If you do that and are caught, you will be fined. If copyright infringement is made a criminal offense, you will be jailed. Nobody really gives a damn. It's the law. The law needs to be changed before you can argue anything else. And why the hell do you want to risk a personal bankruptcy over Brittany Spears? Seriously. Risk it over whether you can send the Bible over P2P, sure, fine. That's what the EFF found important in the first place. But Top 40 music?

      Information is so easy to copy and manipulate

      Agreed, and I have a theory about that. The reason copyrighted material is copied around as it is is that people know what it is already. If you hear

    2. Re:I wish the EFF would just understand.. by argoff · · Score: 1

      There are some things that are seriously misunderstood here. First off, the US constitution does not grant rights. People have rights, and they tend to organize in the form of government to secure those rights, and the US constitution tends to do a better job than most at securing rights, but with copyrights they simply got it backwards ( well , considering the times, they couldn't have possibly understood) Anyhow, my right to copy has nothing to do with wether it's legal or not. It exists and is inherent, and independent of the government. (ever wonder why the constitution says the freedom of speech shall not be adbridged - rather than "you are granted free speech") Well the same is true with copying and my exercising to persue it.

      Second, I find the "let the artists choose" argument really offensive. I cringe when people say that, because it seems like they just don't get what's really happening. It amounts to the same kind of logic as "if you don't like slavery, don't own slaves". It pays absolutely no attention to whose being violated, and why, but rather who suffers when they no longer have the power to coercively impose their will. For similar reasons I find the compromise attitude offensive. If the king thinks he has the right to choose your speech, and you think you have the right to choose your speech - perhaps you can compromise and let him proof-read your speech. NOT!

      Finally, one last offensive thing I sensed is a need to appease the "majority" of Americans. I really don't care about the mob, or looking extreme. Hell freedom of religion and speech, and democracy was considered radical and extreme. Instead lets worry about being right. Something that is not dictated by what the majority think, but by simple facts - like - we have property laws to deal with the fact that not everyone can have something at the same time rather to appease peoples sense of they think they deserve.

    3. Re:I wish the EFF would just understand.. by Anonymous Coward · · Score: 0
      There are some things that are seriously misunderstood here. First off, the US constitution does not grant rights. People have rights, and they tend to organize in the form of government to secure those rights, and the US constitution tends to do a better job than most at securing rights.

      I do understand. You're speaking of the difference between natural rights and legal rights. The Constitution grants legal rights. Actually, the Constitution grants legal rights within the framework of natural rights. It is, in fact, how the constitution begins.

      We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.

      Concepts like 'justice', 'tranqulity', 'welfare', and 'blessings of liberty' are natural rights.

      Natural rights are granted by the nature of our existence, or by God, or what have you. The idea of copying something is, one might argue, a natural right. The Constitution and the laws below it (legal rights) specify that certain means of this in the United States government are legal, and some are not. The ones that are not may fall under copyright infringement. The Constitution itself even provides for Copyright law explicitly. Needless to say, many laws back up this portion of the Constitution.

      You may feel free to infringe Copyright as your Natural Right as you wish. But don't be surprised if the government formed to apply a framework to the founding fathers' idea of natural law lands you in jail...unless the laws are explicitly changed first.

      Second, I find the "let the artists choose" argument really offensive. I cringe when people say that, because it seems like they just don't get what's really happening. It amounts to the same kind of logic as "if you don't like slavery, don't own slaves".

      ...It pays absolutely no attention to whose being violated, and why, but rather who suffers when they no longer have the power to coercively impose their will.

      You're absolutely correct. So what's your point? I'm talking about copyright infringement, not the rights that record labels get when they sign up artists. Artists have just as much right as any RIAA record label to slam someone's ass in a courtroom chair for copyright infringement if it can be proven. My or your opinion on how record labels treat their artists, or artists treat themselves, isn't the issue. It's completely irrelevant to what I think with regard to copyright law. The issue is whether copyright holders enforce their copyright or not, and to what lengths they go to do it.

      Viewing this issue legally makes it look a lot different than the emotional baggage that's carried along with it. Believe me, I've been there too...but at the end of the day, you're frustrated, nothing's changed, and copyright infringement is still illegal. The legal framework is what lets you look at this objectively.

      Finally, one last offensive thing I sensed is a need to appease the "majority" of Americans.

      You're right, I did say that. My exact quote was, 'How about a campaign that a majority of Americans care about, explaining the problem with copyrights...?' Why? Because Congress is perfectly content with Copyright law as it is. We live in a Republic. While we vote in our elected officials, they don't actually have to do what the majority wants if they feel they have a better idea. Your options are either to hope that Congress suddenly gains insight into the problems with copyright as it is (and more particularly, making it even more onerous), or convincing a majority of Americans that it is a voting issue or one that should bring to their representatives.

      I bring up a majority of Americans, because of two reasons. One, they are the only hope other than a lightning str

    4. Re:I wish the EFF would just understand.. by argoff · · Score: 1


      Well I see your point. But I honestly think that the law is on the loosing side this time. The rules of politics and political systems exist because it is better to fight wars of words than with bloodshed, but to copy does not require coercion at all. The rules are not the same. We are so used to thinking that any lasting change has to be acknowledged by government - we never consider that we can force it without their acknowledgement, and eventually they will have to give up.

      I think I have the right to copy, and the technology to do it forever, with whoever as well with everyone else without fear forever. Our deomcracy will keep them from going to far and becoming a police state, but our technology will make copyrights eternally unenforcable and effectively useless.

    5. Re:I wish the EFF would just understand.. by Anonymous Coward · · Score: 0

      How about a campaign that a majority of Americans care about, explaining the problem with copyrights, while respecting the fact that copyright laws exist, whether we like it or not, (and THOSE can be changed!).

      Only just laws should be respected; this implicitly encourages their change. Civil disobedience can be used to send a message regarding people's opinions on the fairness of laws. Violating an unjust law can be a brave and moral act, whether that law involves copyrights or human rights.

      Keep in mind that copyright has been artificially created for a very specific purpose: to promote the addition of beneficial innovation into the public domain. Luckily, this purpose has been ingrained into the Constitution, which makes it more fundamental than lesser laws... so there is even some legal backing for a moral stance upon that precept.

      Also note that many acts are illegal... some even contradictorily so, making it virtually impossible to live your life in a completely legal manner. It is unreasonable to learn all the laws and combat the unjust ones everytime we make a decision. Likewise, many acts which are legal are immoral, as evidenced by recent (and past) actions of corporate leaders who are not held accountable for their actions.

      There are many cases of filesharing that people can reasonably justify because they previously or subsequently provided monies to the creators for the material they value, therein promoting their creation. Such cases (which comprise the vast majority from my perspective) are ignored by the *AA.

      I agree that in some cases, such morality is missing and this should be remedied, ideally by a cultural change rather than a legal one. Interestingly enough, such morality (based upon rewarding innovation) is fundamental in the culture of most "piracy" groups (though albeit, not necessarily with the users), as "Support the creators: pay for what you use." ... take a look at most .nfo files if you doubt this.

      The real dilemma which has arisen is that most users do not want DRM and they detest the actions of the RIAA and similar organizations as they may unfairly treat the consumer as well as the artists. Hence, people might not want to buy a CD because they are supporting those organizations or because the content is DRM'd. i.e. there is no easy way to give money directly to the creators without it going through all these middle men who are doing despicable things. Unfortunately, this dilemma may cause otherwise fair people from supporting creators of good work.

  23. The EFF doesn't find cute baby harp seal cases by geekotourist · · Score: 3, Insightful
    As a side note, the EFF as a non-profit has strict rules about what it can do politically. Non-profits cannot support or fight against particular candidates, so another organization needs to do this. At the same time you still need the EFF's work to prevent the "Because the internet scares me I'll weaken it" attempts by politicians and the law in the first place.

    The EFF's major 'problem' is that they attempt to work on major issues long before most people would recognize that the issue exists. Back in 1989, how many people would know what a BBS is, let along why it isn't constitutional to seize an entire email server to check out one person's email? The EFF is fighting the equivalent of Physical and Link layer issues, while most people can only really get worked up about Application layer issues. The EFF's fights are the "why we need to protect plankton and krill" issues of the online world- critically important but doesn't have big-eyed sympathetic megafauna that photographs well symbols.

    Nor does the EFF get to choose sympathetic posterboy cases. Much as the EFF would love to take on a "RIAA threatens to eat babies at the widows and orphans facility" case, the XXAA is never going to give them one. They get 2600, not the NYTimes. They get Hamadi, not the girl scouts.

    But by fighting the one case early on, however obscure or unsympathetic, the EFF is preventing a whole timeline of worse court cases later on. So donate! with this quote from the interview in mind:

    " ...if you agree with us 75% of the time you should donate some money. If you agree with us 50% of the time you should be on the board.

    The issues the EFF deals with are novel and contentious, and we are rarely all of one view..."
  24. This is refreshing to hear by Anonymous Coward · · Score: 1, Interesting

    It is seriously morally wrong, always, for the economic or political benefit of one individual or group over one's peers, to prevent, regulate, or stifle the copying of information, expressions, and ideas by telling and enforcing the lie that those things which can be freely distributed, can not be.

    You have an obligation to your brothers and sisters of this world to foster physical well being and to encourage and see to their intellectual and moral advancement, especially to do these things even when were you to negelect your obligations you could horde these common goods for yourself to raise yourself above your peers.

    Put off the chains of your capitalist masters!

    Workers of the world unite!

  25. And the AAA should state that "Speeding is wrong" by geekotourist · · Score: 1
    I certainly can't speak for the EFF, and for this issue I don't think any individual at the EFF could speak for it either: In the interview Brad states that board members have divergent views on this issue.

    That said, the statement 'Copyright infringement is wrong.' is an very complicated set of concepts and assumptions boxed up in a seemingly simple set of 4 words. I think the EFF should and does focus on better statements like "Protecting free speech is right" and "Protecting technological innovation is right" and "Collateral damage from new laws is wrong."

    A nowhere near good enough analogy is asking the AAA (American auto association) to state "Speeding is Wrong." Is it? Speeding as defined by who? Morally, legally or ethically wrong? How about when there are speed-traps? How about if the Congress made going 1 mile over the speed limit a felony offense? It is too complicated a set of issues to try to wrap up in a simple statement. The AAA is better off focusing on "Safe traffic speeds are right" and "well-designed highways are right."

  26. Membership numbers? by X86Daddy · · Score: 1

    I looked around the website recently, and even Googled about for it, but I've not seen a recent count on the number of people who are EFF members. If it's possible to disclose or at least approximate, I'd love to know how many of us exist.

  27. There's room for improvement at the EFF by smiff · · Score: 1
    That was a great interview. I was particularily impressed with your big-picture view of civil rights. You mentioned the DMCA and it's general effect. Why doesn't the EFF do this? Sure, the EFF's literature claims that the DMCA infringes freedom of speech and hampers competition. But the EFF doesn't but it into words that ordinary people can understand.

    The 2600 case came down to a legitimate business versus a couple pirates trying to weasel their way out of a lawsuit. The court didn't seem to realize how the DMCA could allow a single organization to regulate speech (it isn't just about code, it is also about movies, etc). The court was oblivious to the way the DMCA outlaws competition. The court didn't even address the argument that section 1201 is really a patent grant.

    The EFF needs to do a better job educating the masses. They should put together educational material that articulates the effect various legal precedents will have. Joe Average should be able to go to the EFF's website, click one or two links, and have a good understanding of why the EFF opposes section 1201.

    While I'm ranting, the EFF really needs to teach people a thing or two about spam. Recent proposals for authenticated email allow a single organization (the Certificate Authority) to sell the right to send spam, or even to censor ordinary people for arbitrary reasons. Recent proposals put forth patented standards that will block out open source, and even small ISPs. Microsoft, Yahoo, et al have been pushing spam proposals, not to eliminate spam, but to eliminate competition.