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US Register of Copyrights Says DMCA Is 'Working Fine'
Linnen writes "CNET News.com writer Anne Broache reports that the head of the US Copyright Office considers the DCMA to be an important tool for copyright owners. '"I'm not ready to dump the anticircumvention," [Register of Copyrights Marybeth Peters] said in response to a question from an audience member who suggested as much. "I think that's a really important part of our copyright owners' quiver of arrows to defend themselves." The law also requires that the Copyright Office meets periodically to decide whether it's necessary to specify narrow exemptions to the so-called anticircumvention rules. (Last year, the government decided it's lawful to unlock a cell phone's firmware for the purpose of switching carriers and to crack copy protection on audiovisual works to test for security flaws or vulnerabilities.)'"
Harrasment Act is ?
either not, or he is paid well. by whom, you know.
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I think that's a really important part of our copyright owners' quiver of arrows to defend themselves.
Yes, and they have been using those arrows to shoot consumers and researchers full of holes. Look at how the DMCA has been used in practice since its inception: suing makers of compatible garage door openers, suing manufacturers of printer ink cartridge refills, suing university researchers, and basically causing substantial legal hassles for anyone that the copyright holder doesn't like (most of the cases are eventually thrown out). Meanwhile there are still 1-2 dollar DVDs available at flea markets, bazaars, and on street corners just about everywhere, downloads are still going full tilt, and legitimate customers are being harassed while the commercial pirates are not even inconvenienced. The bottom line is that we, as a society, have paid a high cost for this DMCA without achieving any noticeable progress towards the goals that it was designed to address. The DMCA clauses which make reverse engineering illegal under any circumstance which is not specifically granted an exemption for fair use need to be repealed. The burden should be upon the copyright holder to prove that the specific instance of reverse engineering is being used to infringe their copyright, not upon the reverse engineer to prove that whatever they are doing is not infringement.
DMCA takedown notices are being used as a harrasment tactic for otherwise lawful and free-speech protected Web sites by folks such as the Church of Scientology.
The DMCA has allowed printer manufacturers like Epson to lock out all competitors in the field of ink supplies.
And, it continues to be a tool used by the clueless morons over at the MAFIAA to strong arm computer illiterate grandmothers and small children.
What, exactly, constitutes 'working fine' in any of the above?
My blog
I know the general opinion of the DMCA here on /. (and I tend to agree). That said, I have a question I wonder if anyone can answer. We hear lots about DMCA abuses (partly due to the standard thoughts on it). Can anyone point to one or more big cases where the DMCA helped and the person/people wronged would have been without recourse before the DMCA that aren't abuses?
Every time I hear about the DMCA it is being used to do something stupid or flat out illegal under the act (after all, just claim it as a reason for anything and many people will back off). Is anyone actually using it successfully and correctly where it provides a tangible benefit from before the act was enacted?
I think that is the litmus test of if it really was useful or good.
But as long as the RIAA/MPAA/whoever else get to "use" it to fix "problem" then it is "working."
Comment forecast: Bits of genius surrounded by a sea of mediocrity.
Yes, a lot of people think that you must have your head up your ass to make a comment like that, which is absolutely untrue. Coming the from head of a department that is dedicated to copyright holders, the DMCA is a very good law. From the perspective of certain senile, song writing Utah senators, it should be obvious that the DMCA is a step in the wrong direction, a bandaid at best and a laughing stock to those from the other side.
I this case just the opposite, also mentioned in the article she dislikes the only good parts of that heinous law, the exemption that allows Google search, MySpace, YouTube and most of the internet to exist. Initially she only liked the anti-first-amendment clauses of the DMCA, but she "came around" on the part that allows her to decide whether it's legal to watch a DVD.
FYI She still opposes DVD watching and she is a self-proclaimed Luddite and doesn't own a computer.
That someone who doesn't own a computer has been put in charge of regulating the high tech sector of the second largest economy in the world frightens me to the same level that the horse lawyer put in charge of terrorist and emergency response did after the Katrina fuckup.
Where do they find these people? Is it the same type of process by which they find jurors who have never seen or heard any news for years for high profile cases? Ms. Peters, have you even read a book? No. Have you ever seen a computer? No. Have you ever visited a library? No. Do you know what a library is? My papa said it's a den of reds! Yes quite correct, now the next question, do you know what a Television is? No. Are you sure? Yes. Ms. Peters, you're HIRED! But I'm just here on a field trip.. Never mind that, you are now in charge of the technology sector of our economy. Make sure you listen to this guy from the RIAA and this other guy from the MPAA, don't worry they will tell you exactly what to do. Yes, Sir Chaney, Sir! Whatever you say, Sir!
You're sort-of right.
There is a clear admission here that DRM is allowing copyright holders to "protect" themselves from things they should not be allowed to claim as rights in the first place. Thus the exceptions in the anti-circumvention clauses. But aren't the exceptions themselves proof that something is broken? Should we have to "crack" a technological security measure to do something that the government has admitted we have the right to do?
This is a paradox that presents it self frequently with government regulations and mandates. It is often desirable for one reason or another (note: I said desirable, not "right", or even "a good idea"). Unfortunately if you mandate something, generally you should do some regulation to balance out the market changes you've created. Similarly, if you add a regulation, you may have to add a mandate to balance out the market. An example could be something like buying insurance. It's desirable to mandate people purchase insurance. Once the mandate is in place, the prices skyrocket without a regulation to keep prices in check.
The same is true for the DMCA, and copyright regulations. If you prevent people from bypassing technical limitations which protect copyright, you should have a corresponding mandate preventing copyright holders from using the technical limitation to claim other rights that they wouldn't normally have. In other words, people who implement DRM should be mandated to guarantee the public's rights just as it uses the technology to enforce theirs. It isn't enough to simply allow cracking in those cases. They should be forced to do things like have the protections expire when the copyright expires, and provide clear, documented methods for fair-use.
And there are MANY more. In fact, all of the companies on the list got to where they are (with the exception of Canonical, they are all valued in the billions of dollars) without the DMCA. As an example, Red Hat is worth ~$4bn and has only ever marketed GPL'ed code, and was started by some guy in his basement. You can claim music is different, but it really isn't: there is probably more demand for software than there is for music, especially since so much software is involved in the production and playback of music.
No offense, but if you actually NEED to use the DMCA in order to make money on your content, then maybe you should spend more time trying to improve the content itself, or take a second look at how you are using the content to make money. You are right, copyrights protect content creators, but the DMCA hurts content consumers.
Palm trees and 8
You're absolutely right. I should've used "extend" instead of "protect".
No, we can't live without music and movies.
Those are cultural experiences.
As a human, living in an organized society, I'm
entitled to participate in my own culture.
Like you say, I could live in the woods, gathering
and the like. But I actually live in a society,
so lets, only take that scenario into account.
There is no right to own and sell culture.
"If you don't like the product then don't buy it."
The product was the DMCA, and yes, the buyers like it fine.
P.S., semi-offtopic: does Slashdot seem increasingly overrun by astroturfers lately? Every story I've read today is full of posts supporting corporate entitlement and government excess, and I think (or desperately hope) they don't reflect the views of most people here. What can be done to minimize this abuse when it's just as easy for them to game the moderation system as it is for legitimate users to use it?