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Tennessee's Super-DMCA Rises From The Grave

Tsar writes "Members of the Tennessee Digital Freedom Network turned out in force as Tennessee's Super-DMCA Bill, its hour come round at last, slouched back to Nashville's Legislative Plaza. The industry heavyweights made their pitches, but were thwarted by thoughtful, intelligent comments and questions from the newly-formed Joint Committee on Communications Security. My favorite quote of the day: 'I stand here before you as representing the MPAA, one of the leading advocates of First Amendment rights...' I think I blacked out for a minute after that."

5 of 245 comments (clear)

  1. Don't you dare comment! by Michael's+a+Jerk! · · Score: 5, Informative

    If you're taking the time to write a comment on this story, DON'T. Instead, take that same amount of time to write a one page, reasoned, intelligent letter to your Senators (you have two, you know that?) telling them that you disapprove of this bill, telling them WHY (privacy violation, overextension of copyright, and so forth are good places to start), and encouraging them to work against it. Not tomorrow morning, RIGHT NOW. Get away from that Submit button and go write a letter to someone who could actually do something. Then send it snail mail to their LOCAL office (not DC office), or fax it. (Not email. Many offices don't pay attention to email, although some do.)

    I don't want to see any replies to this post. Get away from Slashdot and do something other than whine, or you'll have no one to blame but yourself.

    Are you still here? Stop reading and start acting!

    --

    I'm not Seth.

  2. DMCA could be bad news for Debian/apt-get by Debian+Troll's+Best · · Score: 4, Informative
    In a previous job I was the system administrator for a small legal firm (taking care of their Debian-based legal document tracking and retrieval database server). Hence, I've been taking more than a passing interest in the proceedings of the various DMCA related court actions. If I'm understanding things correctly, then this latest case in Tennessee will be a real threat to open source software, and especially Debian.

    The thing with the DMCA is that it's all about trying to thwart people from cracking copy protection mechanisms. And a key step in the process of breaking protection is its eventual transmission from its original source to its eventual destination. IANAL, but from my readings, the DMCA will be coming down as hard on mechanisms which facilitate the transmission of protected materials as much as the mechanisms which are used to circumvent that protection in the first place. Now, let me describe to you the perfect DMCA-circumvention transport tool. It's simple to use. It moves data (software especially) with a minimum of fuss. It can check for differences between the source and the sink, and make appropriate changes to what's being grabbed. And you can use it to upgrade Debian.

    Yep, it's apt-get I'm talking about. This is something which has started to get some serious consideration on the Debian mailing lists. What if apt-get is in contravention of the DMCA? What is apt-get is considered to be a tool for the transmission, installing and dist upgrading of pirated/cracked data protected under the DMCA? It's something which is keeping people like Ian Murdoch, Bruce Perens and Joel 'Espy' Klecker up late at night talking with their lawyers just in case the worst does happen.

    So fellow apt-get users...please take a moment to consider the precarious position we are all in as a result of this DMCA madness. Write your local congressman. They need to know how evil the DMCA is. And send them a Debian CD-ROM while you're at it...maybe we can win over some Windows users in the process!

    apt-get peace out, comrades!

  3. This bill is for the state of Tennessee by putaro · · Score: 4, Informative

    It's not a federal bill. Unless you live in Tennessee those senators are not real interested in your input.

  4. Red herring by Anonymous Coward · · Score: 5, Informative

    Jefferson certainly knew about the writings of the Denis Diderot and the Marquis de Condorcet. Diderot was commissioned in 1763 by the Paris Book Guild to argue for a copyright equivalent to physical property; he went so far as to claim that works of authorship were in fact a truer form of property, as they were entirely the product of their creator, while physical property could be formed only from natural resources and the work of other men. Condorcet held that ideas originated in nature and, unlike real property, could be cultivated by all without diminishment; on the contrary, he wrote, the dissemination of ideas benefitted the common good. Diderot portrayed the artist as a creator; Condorcet saw a discoverer. Diderot perceived ideas to exist for the benefit of one man, Condorcet wished them to enrich every man.

    Had the framers intended a Diderotian system, they would have implemented one. Instead, the American institution of copyright was informed by Condorcet and Locke. But if you want to speculate about Jefferson's mind, why not ask the man himself?

    He who receives an idea from me, receives instruction himself without lessening mine; as he who lights his taper at mine, receives light without darkening me. That ideas should freely spread from one to another over the globe, for the moral and mutual instruction of man, and improvement of his condition, seems to have been peculiarly and benevolently designed by nature, when she made them, like fire, expansible over all space, without lessening their density in any point, and like the air in which we breathe, move, and have our physical being, incapable of confinement or exclusive appropriation. Inventions then cannot, in nature, be a subject of property. Society may give an exclusive right to the profits arising from them, as an encouragement to men to pursue ideas which may produce utility, but this may or may not be done, according to the will and convenience of the society, without claim or complaint from anybody.... -Thomas Jefferson, in a letter to Isaac McPherson, 1813

  5. Re:Some more info, while I'm at it by Cpt_Kirks · · Score: 3, Informative

    I live outside Memphis. Mark Norris is my State Senator. When this first came up, I sent him an email calmly explaining why I thought this was a bad bill. He replied that he was already doing research and looking at info from the EFF. They backed the lobbyist into a corner, asking questions he *DID NOT* want to answer. It went away, but a staffer told me it would come back later.

    I will have to check with him again when I get home, but it looks like (for now) they are doing a good job in grilling the lobbyists again.

    Norris seems like a good guy. He had pretty good grasp of the issues and understood why the bill was bad as written.