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New RIAA/MPAA "Customary Historic Use" Plan

Random_Transit writes "Ars Technica is reporting that the EFF has dug up plans by the RIAA/MPAA to stifle the consumer electronics market by replacing it's "fair use" policy with something called "Customary Historic Use". This new policy would effectively keep anyone from inventing any new type of media device without the RIAA/MPAA's say-so."

18 of 444 comments (clear)

  1. Comment removed by account_deleted · · Score: 5, Insightful

    Comment removed based on user account deletion

  2. Bring it on! by ozmanjusri · · Score: 5, Insightful

    Great, this is what I want to see from the RIAA. The more they restrict how people can use their commercial crap, the more encourage independants who'll value their listeners.

    --
    "I've got more toys than Teruhisa Kitahara."
    1. Re:Bring it on! by MaelstromX · · Score: 5, Insightful

      You're missing the point. When the RIAA uses its influence in D.C. to regulate technological progress (or lack thereof), you're not going to be able to enjoy your independent music in the ways you'd like to (i.e. anything that doesn't fall under "customary historic use").

      Though now that I see it, you live in Australia, so please allow 6-8 weeks for the lunacy to reach your shores.

    2. Re:Bring it on! by Kjella · · Score: 5, Insightful

      Great, this is what I want to see from the RIAA. The more they restrict how people can use their commercial crap, the more encourage independants who'll value their listeners.

      You think it's a good combination to have a state-granted monopoly (copyright) and at the same time let that monopoly gauge you any way they want? That is roughly the worst combination ever. For all the talk about independent music and movies, that doesn't matter to a fan because they're not interchangable. And the mainstream music does have a large fanbase, even though some slashdotters will get on their high horse like an art critic looking down on "The fast and the furious" or a porn flick. So simple, so crude, so stereotyped and yet so successful, so entertaining, so appealing to a broad segment of the population. That's almost a crime when it comes to art.

      My point is that this isn't something the market will "fix". If that was the case we could just wipe out all consumer protection laws, all anti-trust laws, all fair use and whatever. The only thing that would happen is that the customer would stay with mainstream media and get even more shafted than he is today. What we're seeing is nothing more than a gross invasion of the privacy and not least the soverignity of my home. They want to be able to tell me what my machines can do to my movies, my music in my living room. Not that anything except the living room seems to be mine anymore.

      I want to see LotR in HDTV. And that I'll probably have to pay a small fortune in a player, HDTV and the movie itself in that format is fine. Obviously I wish it was cheaper, but that is simple supply and demand, maximization of profit. I can live with that. What I don't want to live with is all the rest, and I don't see why I should have to or even have to boycott it. The law should restrict the number of latches, catches, hooks, limitations, restrictions, activations, verifications, crippling, self-destructability and so on a product can contain.

      One of the greatest evils is that you no longer seem to be purchasing anything, and the courts are ignoring it. Why would anyone sell you anything, if they can license it and unilaterally apply catches at will in the fine print, yet in every way it otherwise acts as a sale? You don't need to license it, copies of books have been sold for centuries without selling the copyright, music and movies are no different. If the courts had any balls, they would simply throw out the RIAA/MPAA/BSAs licenses and say "This has the characteristics of a sale, thus it is a sale. The sale is goverened by common law and your EULA is null and void."

      --
      Live today, because you never know what tomorrow brings
    3. Re:Bring it on! by ZachPruckowski · · Score: 5, Interesting

      That just begs for the mother of all monopoly suits though.

      I make a movie, and plan to distribute it free to increase buzz about my company before moving to the standard "pay for DVDs or theatre showings" on future movies. If the RIAA requires me to use copy protection, it's certainly hard to me to encourage sharing. Thus aren't they impeding a competitor's business in an unlawful way?

  3. In other news... by Anonymous Coward · · Score: 5, Funny

    Automobile banned for violating historic customary use laws for the wheel.

  4. Is anyone here an Oregon voter? by MaelstromX · · Score: 5, Informative

    Please contact your lamebrained Senator to let him know what you think of the bill he's introducing.

  5. 20 years or bust by mrshowtime · · Score: 5, Insightful

    "Customary Historic use" Something only a lawyer could come up with. Really, in 10 years everthing will be able to be downloaded relatively instantly and there ALWAYS will be rogue countries that will allow copyright infringement. Sites like Allmymp3.com will become a one stop shop for downloading media. Then, legislation will be introduced banning or making "unapproved" websites illegal to access. Heck, I would not even be surprised for the RIAA/MPAA to use whatever leftover version of the Patriot Act to stop people from downloading movies/music/media from "unapproved" countries in the guise of national security.

    In a way, I don't blame the media companies for freaking out. In 10 years physical media will almost be on it's way out. You will see much more use of "keys" and "rights mangement" built into EVERYTHING. Valve's Steam network is a good example of things to come. I would go as far to suggest that there will be one world standard coming in the next 10 years for rights management. You won't be able to buy hardware that won't connect to the internet to verify the intergrated rights mangement.

    The way they will get ya, is the "You can download -ANYTHING- now if you accept the new rights management built into everything." This sounds good, but the RIAA/MPAA are greedy a-holes as evidenced by the DIVX (the dvd player, not the codec) debacle; you won't own anything except limited rights that can always be revoked or blocked at any time. Let's say it's 2020 and you want to buy "A Clockwork Orange" only to find out it's blocked by your country for being subversive or obscene (like England did) Pretty much you will have no recourse, no bootlegs, no nuttin, except maybe that old dvd on ebay (if that has not been outlawed by reverse customary historic use).

    I guess with the world going to a cashless society in less than 20 years, I can forsee an "all in one" digital rights card/chip that you carry around with you that will not only get you into the movie theater, but buy downloadable movies/games/music/books/etc. Find a chip/card too cumbersome to carry around? well don't worry the new ruler of europe, Anthony T. Christ, just decreed you must have a RFID chip implanted in you, for -ALL- Commerce and as a bonus will throw in digital rights mangement for free!

    --
    "Jeremy, you need to get to an internet cafe and cut and paste some appropriate sentiments about me from the world wide
    1. Re:20 years or bust by stud9920 · · Score: 5, Informative
      and you want to buy "A Clockwork Orange" only to find out it's blocked by your country for being subversive or obscene (like England did)
      like england did not. Some copycat crimes happened in the UK, Stanley Kubrick, in no way linked to her majesty's government, retired the film in the UKuntil he died.
  6. Lovely. by Jaazaniah · · Score: 5, Informative

    When technology first came along and swept music into our lives, it did so en mass. Further broadening the broadcasts will cost someone, that's for sure, but locking codecs into laws, linking ridiculous software patents to laws that won't expire without being smited by a judge with common sense? Here's a funny story. When Phillips and Sony finalized Red Book in 1979, it was done based off another technology source, Laserdiscs. If someone tried that today, they would be swamped by roughly 30 letters of patent infringment warnings, and if this law passes a startup that builds it's own machine (and for arguement's sake avoids stepping on toes) based on HD broadcasts would get slapped with a violation of this new ridiculous bill. (by way of bypassing the Customary Historic Use hardware regulations) Not only is this a blatant slap in the face for creativity in business, but it is also a "Pay to use our patented broadcast flag technology in your hardware or get sued for not doing so anyways!"

    And just so I don't fire people up without giving them an outlet, here's some useful links. We need to hound the government EN MASS to get this proposal squashed.

    Contact List
    U.S. Chamber of Commerce - This law is anti-competitive for the above reasons (and likely more). Let them know.

    State-sorted contact list of state senators - Can you write effectively, and do you want to make a difference? Go here and DO it. There's no reason to sit idle if you, as a citizen here, have an objection. Get others to do it too. Send them the link. Mass email it, mail in an old fashioned petition. Senators don't read Slashdot, and don't consult geeks unless it involves upgrading computers. Go here.

  7. Re: Bucket. by Black+Parrot · · Score: 5, Funny

    > Maybe it's time for **AA to kick the bucket...

    Sorry, but that's not a Customary Historic Use of buckets.

    --
    Sheesh, evil *and* a jerk. -- Jade
  8. Quote from 1984 anyone? by AHuxley · · Score: 5, Insightful
    So they want total control over the next generation?

    "And if all others accepted the lie which the Party imposed--if all records told the same tale--then the lie passed into history and became truth.

    You will study a RIAA/MPAA approved course, work in a RIAA/MPAA approved media job and get your pension from a RIAA/MPAA approved company.

    No lost 'clips' from the past - just one RIAA/MPAA view of the past - as they will have the only keys to all the press archives.
    Political parties and families can be assured that all the bad stuff is locked away for good now.
    No ghosts from the past to upset any political party 20-30 years on.

    Images of young men and woman before the courts as minor officials will just not exist away as they move up the ladders of power.
    Images of your now top leaders shaking hands with friendly dictators, giving testimony about arms deals or military excesses
    will now all be encrypted.

    --
    Domestic spying is now "Benign Information Gathering"
  9. Prevent Americans, not anyone by jemnery · · Score: 5, Insightful

    Sorry, but the article refers to American trade associations. I live in a country (the UK) that used to rule a large part of the world, and be by far the most advanced in industry and technology. This is no longer true. If the US wants to go the same way, just keep on stifling innovation in this way. There's nothing to stop China, India, Sweden etc etc from innovating with complete freedom.

    This is not intended to start a flamewar; I've been to the US and enjoyed it, and I'd be the first to defend all the good things that have come from America (despite the current administration).

  10. My Customary Historic Use by mcubed · · Score: 5, Funny

    For more than a year in the historical period of 1999-2001, I customarily used the original implementation of Napster to download and share audio files. Therefore, Napster or any service that models itself along those lines is a customary historic use.

    I'm fine with this. You go, Senator Smith!

    Michael

    --
    "No live organism can continue for long to exist sanely under conditions of absolute reality;..."
  11. Let the RIAA keep their music. by sticks_us · · Score: 5, Insightful

    Some points:

    1) Of all the music being made out there, the standard industry practice guarantees you'll only ever hear an insiginficant fraction of what's available, and most of that is successful because it sounds like something else. What you get is the tiniest sliver of what's possible. Most of the greatest music being made will never make it to your ears.

    2) Until recently, music was a social activity (people used to be able to play instruments and entertain family and friends, for example, and they'd also leave the house at times to hear others make music). Take off the headphones.

    3) Enroll in a music class. Pony up the bucks, take some lessons, learn some techniques, and -- gasp -- make some of your own music. Music is OK when it's a passive activity (listening), but nothing compares to being able to make your own.

    Music is something you make, share, and become a part of. When it becomes something you buy (like cereal or beer), it's *always* going to be fettered by copyright laws, etc.

    Take it back, make it your own.

    --
    "Beware of bugs in the above code; I have only proved it correct, not tried it." -- Donald Knuth
  12. Re:RIAA by Heembo · · Score: 5, Insightful

    The record company visionaries are seeing the end of the road. In the past, you bought a record. Then an 8-track (only if you were hip). Then cassette. CD. Some moved to DVD, but many are getting mp3s' and the road is at an end. I don't need to move to the next latest-and-greatest way of listening to music. My imperfect transportable mp3 collection will follow me til the end of digital time without need to buy again.

    --
    Horns are really just a broken halo.
  13. Going around this by Gnaythan1 · · Score: 5, Interesting

    If I was a small manufacturer of electronic devices, and stupid rules like this were the law of the land. I'd make my devices with firmware that can easily be modified on a USB connection.

    I sure as hell would not officially make if open to all formats... but the day I started selling the machine, somehow would be the day the hacked firmware version was available on the internet.

    I'd also not hold press conferences on exactly how to install and upgrade to this hacked version. That would be wrong. I'd probably yell at some consultant who used to work for us(and was paid handsomely) when he held the conference. I'd probably re-hire him at some point, because I am forgiving that way.

    I'd denounce this hack publicly, calling it by its accurate name, so people wouldn't mistake it for some other, double-plus good firmware upgrade.

    I'd even denounce my loyal and faithful software partners, who somehow seem to be giving this firmware upgrade away, in multiple formats for different operating systems, and with no spyware whatsoever... I'd make sure to expose exactly how this upgrade gets to the public. Of course, this bad behaviour by my partners would not interefere with future business relationships, all water under the bridge, really.

    It would be an act of kindness of course, not to press charges on anyone who would hack their device in this way... and a demonstration of goodwill to pick up the legal tabs for anyone sued by some other party who didn't like what the consumer did to our device. Keep it in the family, as it were.

    Or maybe something like Henry Ford's "lawsuit insurance" is an alternative plan. http://www.randomhouse.com/crown/catalog/display.p perl?isbn=9781400050093&view=excerpt

  14. Re:post-mp3 by heinousjay · · Score: 5, Insightful

    What bitrate are you using? 320 bps sounds like source material on any consumer level equipment, and if you're the type that feels like flinging your money at 'audiophile' equipment, then you won't want any kind of lossy compression anyway - if for nothing else than bragging rights.

    Overall, given the general public's taste in music, wasting fidelity on their ears is pointless, in any case. They can't tell at all, and probably wouldn't care, as long as there was a beat.

    ----- under this line, I get catty. -----

    By the way, calling people 'sheep' exposes you as an asshole. Manually linebreaking your text in an inconsistent fashion so that it's impossible to read doesn't help. Appropriate capitalization is a favor to your readers. And mp3 doesn't mean the 3rd version of some nebulous 'mp' spec, so mp9 wouldn't mean what you think it would.

    --
    Slashdot - where whining about luck is the new way to make the world you want.