I said, ""Most people are unaware of this or think it is OK. It is not.""
You said,
"Actually, if most people think it is OK, it is OK. In a democracy, what is OK is decided by the people, not
by the author of poltical texts such as this."
You hit the nail on the head, this is a "poltical text", and has a very specific purpose. In previous discussions here some have mentioned the lack of understanding of how to lobby, or how to work the legal system on the part of readers here.
This is my attempt to mend this lack of solidarity. When a party decides to push some legislation through Congress, do you think they propose the law they would like to see passed, or do they create an extreme law and prepare to bargin down. Democrats, Republicans, the MPAA, the RIAA, even the AARP hit the ground running on one platform one view and one extreme draft of how the law should be. Most lobbiest groups overstep their bounds and then perform a backstep or two in the name of `comprimise'. It's time we did the same.
It's true that a republic is all about what people think is OK. That's why it is IMPORTANT we change their minds. But if we are even the slightest bit wishy-washy even five minutes to midnight, when we finally do bargan, the bill will be passed with 10 rider bills and no teeth.
Folks we need teeth and we need to bite them where it hurts! Only when the internet community rips some aggressors antique business model to shreads for trying to cage it, will the status quo leave the internet alone.
Sorry to do this but I wrote an editorial a week ago and I think it got lost in the shuffle when I submited it to the commander. It's on copyright and shrink wrap licences.
Oh..and yes I read the article, she is in the right, but she isn't reading this to the core.
In a few days this paper will live at www.warcloud.net/~odinson/14-years-and-your-quill. html...but not yet.
Many Linux and open source advocates are upset about verdict on the MPAA
vs 2600 DeCSS criminal case. Many people blame this exclusively on the Digital
Millennium Copyright Act. This law was passed in congress in 1998 and gives
copyright holders previously unmatched rights. I believe that if there is
anything holy and fair in this country, that this slanted law will rejected by
the copyright office, struck down by the supreme court, and protested into
oblivion by anyone who takes five minutes to understand the numerous loopholes
and the agenda represented by those loopholes.
But this isn't just about the DMCA.
The DMCA could have never been poised to do so much damage if it weren't
for the other regular abuses of the American people, abuses that should have
never been tolerated. The post purchase contract or license, and the extension
to the time a party is allowed an exclusive control otherwise known as
copyright are the real problem.
Copyright
Laws like the "Sonny Bono Copyright Term Extension Act" have been
extending copyright, (20 years in this case) in a fashion destructive to
consumer and the artist. The original lifespan of copyright was 14 years, now
it is life of the author plus seventy. Most people are unaware of this or
think it is OK. It is not.
When copyright was created the idea was compromise. A reasonable amount
of time to make enough money to offset printing costs and to make a fair profit.
It was targeted specifically at books and maps. The idea was extended to
provide a good living for artists and eventually song writers and movie makers
and even computer programmers. This is all good. copyright is a moral idea,
if you create something you get a government granted monopoly on that thing for
period of time. It allows a person to dedicate their time to developing their
skills of expression with out the risk of someone walking away with their
creation and selling it as their own.
Copyright works do not compete during their monopoly period. If you
do not want to break the law you adhere to the terms the author sets, or you
don't view/use/listen to it. This is OK so long as information is not vital to
the health of the society at large and someone else offers it. Over time,
we have extended the monopoly period, and some companies began collecting
Intellectual Property as a revenue source. It has gotten to the point that
frighteningly few ideas in our society is not owned by some company. Some refer
to this as pop culture.
Ideas go stale and die. Few complain about the communists anymore, most
people publicly abhor drugs and wild sex, and I don't see much about the
trickle down theory either `;), but copyrights don't fade away they just sit,
accumulating more money with every movie remake and sometimes without one.
Information needs to compete with the prospect that it will go stale. Only
novel ideas contribute in a big way, but then why are we paying big bucks for
the same old shows on cable?
Most people think artists benefit from the copyright extensions. Did
you know the typical musician gets only a few cents a Compact Disc, and they
only cost a few cents to make? Sure, Billy Joel or Madonna get a few dollars
per CD, they are held up as examples of success. Such examples are rare. If
copyright were reduced back down to 14 years, Record companies, Movie studios,
publishers and every other kind of distributor would have to compete with the
prospect that in 14 years anyone could compete with them, selling the exact
same thing. Not so novel ideas look a lot less appealing, and unfair contracts
not so binding.
Copyright's purpose used to be to protect the time and money of writers
and the owners of the printing presses. Inevitably middlemen and distributors
did get involved, but had to work against the clock. Now those same middlemen
name whatever terms they want because they know that they will be dead before
you can get their product through anyone else. The power that companies wield
over artists seeking distribution and consumers who want to hear what the
artist has to say is absolute. What better way to silence voices than to own
the microphone wire through which they speak.
In a world of the 14 year copyright the MPAA would be far less likely
to try to force you to adhere to their latest copyright license money grab.
Policies like "You can't fast forward through the commercials", and "charge
them as much as they can afford according to where they live." Would result in
boycotts rather than complacency. This is what they are trying to do with DVDs,
and any group of consumers could protest until they died and see no end to it.
What recourse does a consumer have but civil disobedience? Perhaps if humans
were immortal there would be no such dilemma.
Contract law
Are shrink wrap licenses legal? The question of the legal status
remains unanswered. That unanswered question seems to have inspired to use
contract lawyers and copyright lawyers to attempt unprecedented control not
only over how copyrighted work is distributed but viewed. Some clear legal
defense is needed here, the bad guys are getting meaner and the
"Accepted Practice" for license and contract law just don't cut it.
The typically unviewed licenses that accompanies DVDs and DVD Players
are setting an terrible precedent.
As an example, shrink wrap licenses are the cause of much pain to the
typical computer professional. The business that uses software with such a
license may actually have to adhere to it's absurd terms or face prosicution.
In contrast, most consumers are rarely prosecuted, unless they are a political
target like 2600. Isn't that one of the constitutions main themes, protecting
potential political targets against things like torture, high bail or soldiers
in their house?? A new article to Uniform Commercial Code could do the job,
but if UTICA continues on the path to acceptance we may need constitutional
power to threaten those who would strip us of our right examine a contract
before entering into it.
Here's what an amendment might look like.
----------------
Article XXVII
Section 1.
A contract or license can not be binding until after the full text of
said contract or license has been made available to all parties prior to any
otherwise binding agreement. The availability of the contract or license text
is the full responsibility any and all who are offering a good or service that
are part of the exchange in the contract or license.
Section 2.
Failure to make the full text of a contract or license available prior to
agreement of all parties on it's terms will void all terms of said license or
contract.
Section 3.
The Congress shall have power to enforce this article by appropriate
legislation.
-----------
Sorry if the legalize isn't thick enough, I wanted it to be clear. Comments are
welcome.
It's to bad they didn't think of adding this in amendment XIII (Ending slavery.)
We should remember the DMCA is not our only source of trouble. You might even
find like I did that the evils we have long known are far more dangerous and
a firm foundation for the DMCA and UTICA. Without the legs of absurd copyright
stay and the post purchase contract/license agreement, this insidious empire
would not have the strength to declare war on the American people. We need to
acknowledge what laws gave these middlemen strength and attack them there. We
will regain choice back only after we change our legal landscape. When we
return copyright to its original state, the artists and world will thank us for
it.
If you understand this, and you understand why the cost of digital data
transfer and storage is growing neglegable, you understand why they look at the
Internet and it's spawn Linux with mortal fear.
"I find it disturbing that large ISPs are so
willing to let external agencies control what runs through their
systems."
Is there a listing or rating on how close to a wet noodle a particular IPS's backbone is? Is someone like the EFF doing a freedom friendly isp list? Why should ISPs fight back if no one pays attention.
It would be best if you don't link to sites directly. That will force the free speech aspect to become more direct. Use the text of the url like this
www.warcloud.net/dvd-fair-use-decrypter.c
If they want to prosecute they will have to mention "Fair Use" every time they open their mouth. How can the press ignore the fair use angle now? People need to know that rights they had a few years ago have been taken away and why!
What's in a name? Where would Linux be if Linus named Linux Freeix.
Perhaps a short commented section in the beginning of the file explaining harmfull efects the DMCA's changes to American law would also help.
When Hollywood pork bellies violate us, Don't just wave the Flag, wrap yourself in it!
I wish this could be moderated up to six! There is no way, even in NY that a DCJ could be THIS STUPID! Generalized opinions on personality, working for the MPAA, comparisons to assasination and other countless ill fitting analogies, attacks on Garbus, it seems so childish. He knows he is out of his league. Obviously Judge Kaplan believes that makeing sure this is appealed is worth marring his image.
Not to mention Slashdot should make a larger range of scores!
Thank you very much for efforts so far in this case, I have a personal and professional stake in the continued protection of freedom of speech on the part of computer programmers and the right to reverse engineer. I hope you continue to stay on the case through appeal, we need your efforts.
I have a few questions for you.
How time dependant is the chalenge to DMCAs constitutionality? Will the appeal be based solely on legal precedent or will the passing years that the DMCA stands work against you?
I am planning on purchasing a laptop with a DVD rom in the near future. Now that the judge has rendered DeCSS illegal to own or use, what kind of legal consequenses do I face I use DeCSS in Linux to view DVD disks on my laptop. Is their any kind of law that would protect me if I am doing it as a protest or civil disobediance?
I live and work in New York state.
Thanks again for your time.
Matthew Newhall
President of the Long Island Linux Users Group
president@lilug.org
OK I was being lazy and got misinturpeted for it. Sorry.
Here are 5 and 6 directly from a textbook of mine.
5. Social contract orientation. Right action is defined in terms of general indiviual rights and standards which have been critically examined and agreed upon by the whole society. The diversity of personal values and opinions is recognised, and there is an emphisis upon procedural rules for reaching concencus. There is a corresponding emphisis upon the "legal point of view" but with a regonition of the possibility of changing the laws out of rational considerations of social welfare. Outside the legal realm, freely arrived at agreements are the major elements of obligation.
I said "5. Society's total logic is the correct (halfway between 4 and 6)" I don't think I was too far off the mark here perhaps 5 is better descibed as peer review.
6. Universal ethical princible orientation. Right action is defined according to abstract, autonomously adopted ethical priciples appealing to logical comprehensiveness, universiality, and consistancy. Basiclly, these principles are justice, the reciprocity and equality of human rights and respect for the dignity of human beings as individual persons.
I said "6. Decision making based on logical conclusions that are elusive and bigger than us." Look at 6 dosn't it smack of a logic beyond the law? A higher logic perhaps? If Killing was logical as the right thing to do, Charles Manson and David Koresh would have been 6s. They didn't follow the law or peer review but their own higher logical order.
6 is a bit more complex than I represented it, so I will be more complete with it in the future.
"I'm sorry that people can't play their DVD's on Linux. I really am. But comparing your ability to watch a movie to someone's ability to make a living for themselves, to attend a decent school- that is a confusion of scale that I just don't understand."
I think I understand what is going on here but it isn't neccesarly self evident.
Lots of people are saying, "DMCA and copywrite are the law, so you are wrong."
In response someone said, "Slavery was the law at one point, but helping slaves escape wasn't wrong."
And you said, "Ahh but their lives depended on it, We don't need to see movies"
According to Kohlburg
The first poster would be a #4 The second a #6 And you would be a #5
In my undergrad ethics class one of the more modern ethical philosophers we learned about, and one of my favorites is Lawrence Kohlburg. A rough interpitation of his 6 stages of moral development are as follows
Preconventional 1. I'll do what ever feels good at the time 2. You scratch my back I'll scratch yours Conventional 3. Kiss butt and serve those in power and you get what you deserve 4. The rules are always right. If we all followed we would be OK Postconventional 5. Society's total logic is the correct (halfway between 4 and 6) 6. Decision making based on logical conclusions that are elusive and bigger than us.
Ironicly the test question the study that fueled Kohlburg's conclutions, revolved around violating a drug makers IP rights to save a dying woman.
So please don't rip apart people who are calling 4s 3s and so forth what they are. I think there are a lot of 6s on/. who see this DVD thing for what it is, an attempt to overly inflate scarcity on IP even further than it is already inflated. Markets work best with moderate scarcity, somthing region codes further defeat. Since DVDs on Linux defeat region codes, the MPAA hates DVD on Linux. Their "Hollywood Pork" law, the DMCA, is not based on higher logic (the market serves all so best to retain maximum profit/thouroughput) but out of lazyness (little work for much reward.) The MPAA, RIAA, etc whatever, act out of self interest not interest of the artist. We all see though it. Do you?
If you think Ralph Nader's campain is worth your time, he is looking for Linux guys.
4. Information Systems Manager Objective of the position: To ensure that internal data management runs smoothly and effectively. Duties include: working with Compliance Officer and Webmaster to incorporate all incoming data into the office's databases; maintaining computer systems for receiving data from webpage; using computer programming to meet new uses of data as needs arise. Experience with Linux and databases required.
I might do it if I didn't need the money my currenty job provides.
About a year and a half ago I knew it was all over for Microsoft, but I'll be damned if I remember why I came to that conclution. Some event where Linux gained ground in an unexpected fashion..
We, a community of concerned "experts", need to start explaining to people that Microsoft wasn't broken but that the idea of a closed source operating system is broken! It's time to break out of the cycle, and if people don't understand why it came to an antitrust trial to stop Microsoft, it's just a matter of time before another Microsoft emerges.
I define operating systems as - All components that are shared by unrelated programs and applications in a fully documented* fasion that are not single purpose programs* or applications themselves.
*Fully Documented - any discrepencies in documentaion will void OS candidcy.
*Single Purpose Programs - Browsers browse, Games play, Cad apps edit Cad files etc... If editing a cad file becomes a 100% documented standard then it would be eligble.
A few examples of how this would work.
Browser - No.
Word processor - No.
Device Driver - yes.
Shared library- yes.
Shared library from closed Word Processor- only if the library adheres to an open standard as defined above.
kernel -Yes
Open source anything - Yes a standard can be extracted from functioning code.
ls - Yes
pppd -yes
*.dll -only if it is fully documented!(no execptions otherwise not part of OS)
Closed source operating systems will always assimilate everything in their path if unchecked. If people don't understand this we are headed for Microsoft #3 (IBM was #1) be it Sun or AOL or one of the the big media companies.
The pristine image of Microsoft been destoryed opening up new dicussions. I don't want to fight big company #3 for standards, drivers etc, so lets educate people! We may not have a third come-back.
"When you have a defective product, you find ways to improve it. Mattel is wasting time, energy and money in a futile attempt to put the decryption genie back in the bottle."
Defective Product is fairly interesting language. It has all kind of nasty implications. Picture this scenerio....
You discover that you childs Mattel(R) brand truck has a defect where a wheel can be easily broken off and swallowed, possibly causing choking. You attempt it to describe the breaking and choking process to others but you are incapible of expressing exactly what is happening. You decide to make a video of the process to better explain what you could not describe otherwise. You put said video on the internet and submit your link to search engines. Several weeks later you recieve a letter to appear in court! You are being sued for 10 million dollars on the grounds that you used their trademark without permission.
You can see the use of technology in CPHack playing the same role. Citizen consumer advocites using some technological media in order to express the failure of a product, and being prosecuted for it.
It seems pretty clear that Mattel is even concerned with ethics or product quality, just apperances. With that type of attitude I don't intend to buy ANYTHING for young children from them.
Read this fast, it will soon be censored by CyberPatrol.:(...hell I'm going to make that my.sig!
I love those old clicky IBM 10 lb cast steel jobs. Try finding one of those prefabed to swap on me. Just in case I'll make sure to weld it shut in 10 places and padlock it to the desk. I'll leave a horse hair in just the right place and wipe my prints off it every night and spray for prints every morning. Not to mention my hidden spy-cam...uh oh I hear helicopters.
I'm kinda suprised nobody asked yet. This raises a few questions about the LGPL...
Would he legally (I'm not asking about morality I think that's pretty clear) right if this were the LGPL?
Legally speaking how clear is the the distinction between patching and linking against a LGPLed file in the LGPL licence?
Legally speaking how clear is the the distinction between patching and linking against a file in the courts? Are there any precedants set?
In the LGPL case, Codewise, how feasible would it be to set up a (also) LGPLed api in our hypothetical LGPLed Quake to link to a seperate binary with the changes? If it's just to damn complicated for quake then can anyone think of an LGPL program that this scenerio is more feasible?
Boy I ask alot of questions!:)
Thanks to anyone who try to answer these, this scenerio makes the Lesser GPL look kinda weak to me.
Lets see, Golden Harvest Entertainment is responsible at least some of the movies by and starring...
Bruce Lee Jackie Chan Jet Li
I think a MPAA boycott could be more than tolerable, it could be downright fun! Time to crank up the bandwith to my home!
IS the begining of the end or the end of the begining? Hopefully this will be a huge success and set a precedent. I might even buy brands I see in the adverts if they don't suck.(I rarely do that)
...if you are talking about a licence good enough for a blessing from opensource.org. Not gonna happen, ever!
I can only imagine what a Microsoft "Generaly Availible Source" (nicknamed GAS)licence would look like. It would likely contain things like...
We own and retain complete control over any work derived, created, or concieved by anyone who has ever looked at any portion of this source code. By looking at this source code you agree to comply with the new world order. Did we mention we included a small part of command.com in the EULA? Your soul is mine.
Then all they would have to do is lobby to pass the Microsoft Millenia Copyright Act (DMCA^H^H^H^H MMCA)to legalize shrink wrap licences. Then all software would belong to them.
OK, OK fair enough, Richard Stallman would be exempt.
It is the only reason my Windows partition remains.
I'm not sure about NFS3, but NFS2SE is directX centric. On the other hand it comes with a seperate 3dfx binary. Perhaps it is glide? Maybe there is hope!
Come on EA. Oh great creators of Starflight, join us on the flip side.
Burn the lobbiests. Or even better put them out of business. Make them go back to selling used cars, or con'ing old ladies, or whatever it is that hell originally sent them here for.
It seems that courts are the only places where government officals are even remotely interested in what's good for the average Joe. The judicial branch is special because when a judge takes money to support one side of a case it's not a contribution, IT'S A BRIBE!
Campain Finance Reform is the only way we will ever be able to rest on such issues (if only for five minutes.)
I realize "The price for freedom is eternal vigilance.", but dumb bills and acts are at an all time high. I believe the forces on the side of public interest will reach the point where they are financially overwhelmed by the sheer monetary power and swing of offenders like this. We must cut off the corporate veto on our rights, before it is to late.
Remember which candidates where supportive of campain finance reform at the polls this year.
Corel's has made many contributions to the Wine project in the eyes of the non-Corel wine project members (quite possibly the most important people to impress at this stage.) One of your main motivations for this must be the framework to port the Corel Office package to Linux. I imagine upon completion of the Office port, any motivaton to continue major contributions, barring maintenance, would likely be focused on general Microsoft Windows XX emulation.
That said I've got a few questions.
I've heard it said that the last five percent of any project takes ninty five percent of the effort to complete. Do you intend to fork your Wine tree in the hopes of being the only Windows alternative for running some Windows programs? Or will you keep your Wine efforts public in the hopes of making the Windows market, a commodity market?
In either case, barring radical mutilation of Mircosoft on the part of the DOJ, would you be willing to donate legal defence funding to the Wine team durring the inevitable legal onslought to be brought on by Microsoft? Do you think you will have a choice?
Their are several legal efforts in various stages to outlaw reverse engineering here in the states. Do you think countermeasures are neccesary to put the brakes on the impending anti-reverse enginereing bills?
Matthew Newhall
President of Long Island Linux Users Group and a CORL stockholder.
Al Gore needs to get involved because this is all his fault. I think he feels bad.
Microsoft didn't have as many chances to abuse their monopoly power ten years ago. But then Al, in his infinite wisdom, invented the internet.
Microsoft would have never done those things to try to help the internet work better had Al never inventeted it. So it's really his fault.
I'm sure tomorrow he will tell the judge that it isn't really Bill G's fault and how he will do better next time.
Then again I bet big brother baby George B, is already trying to help. So big brother Bill G may not bother big brother Al G.
*I know the story dosen't read like that, but I don't trust Al. How many any rockers remeber his wife's censorship trip at the head of the PMRC? Could you picture Tipper Gore as president^D^D^D^D^D^D^D^D^D err I mean first lady?
I thought Pi was a good geek movie overall, but one notible gripe.
He really must have been schizophrenic not to realize his computer crashed because he stumbled across some kind of identity within his program that caused a divide by zero error. That part of the movie was like a roller coaster.
"No don't cry your on to something, the compter crashed for a reason..."
"No, don't do that, don't crumple up the paper, NO DON"T THROW IT OUT!!!!! YOU STUPID IDIOT!!"
Yes I do often talk to myself. No the doctors can't help me.
Did anyone else notice he looks a little like Linus Torvalds? Maybe it was intentional? It was made in 94'
Slashdot Mirror
There is a reason I speak so harshly here.
I said, ""Most people are unaware of this or think it is OK. It is not.""
You said,
"Actually, if most people think it is OK, it is OK. In a democracy, what is OK is decided by the people, not by the author of poltical texts such as this."
You hit the nail on the head, this is a "poltical text", and has a very specific purpose. In previous discussions here some have mentioned the lack of understanding of how to lobby, or how to work the legal system on the part of readers here.
This is my attempt to mend this lack of solidarity. When a party decides to push some legislation through Congress, do you think they propose the law they would like to see passed, or do they create an extreme law and prepare to bargin down. Democrats, Republicans, the MPAA, the RIAA, even the AARP hit the ground running on one platform one view and one extreme draft of how the law should be. Most lobbiest groups overstep their bounds and then perform a backstep or two in the name of `comprimise'. It's time we did the same.
It's true that a republic is all about what people think is OK. That's why it is IMPORTANT we change their minds. But if we are even the slightest bit wishy-washy even five minutes to midnight, when we finally do bargan, the bill will be passed with 10 rider bills and no teeth.
Folks we need teeth and we need to bite them where it hurts! Only when the internet community rips some aggressors antique business model to shreads for trying to cage it, will the status quo leave the internet alone.
Sorry to do this but I wrote an editorial a week ago and I think it got lost in the shuffle when I submited it to the commander. It's on copyright and shrink wrap licences.
Oh..and yes I read the article, she is in the right, but she isn't reading this to the core.
In a few days this paper will live at www.warcloud.net/~odinson/14-years-and-your-quill. html ...but not yet.
Many Linux and open source advocates are upset about verdict on the MPAA vs 2600 DeCSS criminal case. Many people blame this exclusively on the Digital Millennium Copyright Act. This law was passed in congress in 1998 and gives copyright holders previously unmatched rights. I believe that if there is anything holy and fair in this country, that this slanted law will rejected by the copyright office, struck down by the supreme court, and protested into oblivion by anyone who takes five minutes to understand the numerous loopholes and the agenda represented by those loopholes.
But this isn't just about the DMCA.
The DMCA could have never been poised to do so much damage if it weren't for the other regular abuses of the American people, abuses that should have never been tolerated. The post purchase contract or license, and the extension to the time a party is allowed an exclusive control otherwise known as copyright are the real problem.
Copyright
Laws like the "Sonny Bono Copyright Term Extension Act" have been extending copyright, (20 years in this case) in a fashion destructive to consumer and the artist. The original lifespan of copyright was 14 years, now it is life of the author plus seventy. Most people are unaware of this or think it is OK. It is not.
When copyright was created the idea was compromise. A reasonable amount of time to make enough money to offset printing costs and to make a fair profit. It was targeted specifically at books and maps. The idea was extended to provide a good living for artists and eventually song writers and movie makers and even computer programmers. This is all good. copyright is a moral idea, if you create something you get a government granted monopoly on that thing for period of time. It allows a person to dedicate their time to developing their skills of expression with out the risk of someone walking away with their creation and selling it as their own.
Copyright works do not compete during their monopoly period. If you do not want to break the law you adhere to the terms the author sets, or you don't view/use/listen to it. This is OK so long as information is not vital to the health of the society at large and someone else offers it. Over time, we have extended the monopoly period, and some companies began collecting Intellectual Property as a revenue source. It has gotten to the point that frighteningly few ideas in our society is not owned by some company. Some refer to this as pop culture.
Ideas go stale and die. Few complain about the communists anymore, most people publicly abhor drugs and wild sex, and I don't see much about the trickle down theory either `;), but copyrights don't fade away they just sit, accumulating more money with every movie remake and sometimes without one. Information needs to compete with the prospect that it will go stale. Only novel ideas contribute in a big way, but then why are we paying big bucks for the same old shows on cable?
Most people think artists benefit from the copyright extensions. Did you know the typical musician gets only a few cents a Compact Disc, and they only cost a few cents to make? Sure, Billy Joel or Madonna get a few dollars per CD, they are held up as examples of success. Such examples are rare. If copyright were reduced back down to 14 years, Record companies, Movie studios, publishers and every other kind of distributor would have to compete with the prospect that in 14 years anyone could compete with them, selling the exact same thing. Not so novel ideas look a lot less appealing, and unfair contracts not so binding.
Copyright's purpose used to be to protect the time and money of writers and the owners of the printing presses. Inevitably middlemen and distributors did get involved, but had to work against the clock. Now those same middlemen name whatever terms they want because they know that they will be dead before you can get their product through anyone else. The power that companies wield over artists seeking distribution and consumers who want to hear what the artist has to say is absolute. What better way to silence voices than to own the microphone wire through which they speak.
In a world of the 14 year copyright the MPAA would be far less likely to try to force you to adhere to their latest copyright license money grab. Policies like "You can't fast forward through the commercials", and "charge them as much as they can afford according to where they live." Would result in boycotts rather than complacency. This is what they are trying to do with DVDs, and any group of consumers could protest until they died and see no end to it. What recourse does a consumer have but civil disobedience? Perhaps if humans were immortal there would be no such dilemma.
Contract law
Are shrink wrap licenses legal? The question of the legal status remains unanswered. That unanswered question seems to have inspired to use contract lawyers and copyright lawyers to attempt unprecedented control not only over how copyrighted work is distributed but viewed. Some clear legal defense is needed here, the bad guys are getting meaner and the "Accepted Practice" for license and contract law just don't cut it.
The typically unviewed licenses that accompanies DVDs and DVD Players are setting an terrible precedent.
As an example, shrink wrap licenses are the cause of much pain to the typical computer professional. The business that uses software with such a license may actually have to adhere to it's absurd terms or face prosicution. In contrast, most consumers are rarely prosecuted, unless they are a political target like 2600. Isn't that one of the constitutions main themes, protecting potential political targets against things like torture, high bail or soldiers in their house?? A new article to Uniform Commercial Code could do the job, but if UTICA continues on the path to acceptance we may need constitutional power to threaten those who would strip us of our right examine a contract before entering into it.
Here's what an amendment might look like.
----------------
Article XXVII
Section 1.
A contract or license can not be binding until after the full text of said contract or license has been made available to all parties prior to any otherwise binding agreement. The availability of the contract or license text is the full responsibility any and all who are offering a good or service that are part of the exchange in the contract or license.
Section 2.
Failure to make the full text of a contract or license available prior to agreement of all parties on it's terms will void all terms of said license or contract.
Section 3.
The Congress shall have power to enforce this article by appropriate legislation.
-----------
Sorry if the legalize isn't thick enough, I wanted it to be clear. Comments are welcome.
It's to bad they didn't think of adding this in amendment XIII (Ending slavery.)
We should remember the DMCA is not our only source of trouble. You might even find like I did that the evils we have long known are far more dangerous and a firm foundation for the DMCA and UTICA. Without the legs of absurd copyright stay and the post purchase contract/license agreement, this insidious empire would not have the strength to declare war on the American people. We need to acknowledge what laws gave these middlemen strength and attack them there. We will regain choice back only after we change our legal landscape. When we return copyright to its original state, the artists and world will thank us for it.
If you understand this, and you understand why the cost of digital data transfer and storage is growing neglegable, you understand why they look at the Internet and it's spawn Linux with mortal fear.
Matthew Newhall
"I find it disturbing that large ISPs are so willing to let external agencies control what runs through their systems."
Is there a listing or rating on how close to a wet noodle a particular IPS's backbone is? Is someone like the EFF doing a freedom friendly isp list? Why should ISPs fight back if no one pays attention.
I suggest the name dvd-fair-use-decrypter.c
It would be best if you don't link to sites directly. That will force the free speech aspect to become more direct. Use the text of the url like this
www.warcloud.net/dvd-fair-use-decrypter.c
If they want to prosecute they will have to mention "Fair Use" every time they open their mouth. How can the press ignore the fair use angle now? People need to know that rights they had a few years ago have been taken away and why!
What's in a name? Where would Linux be if Linus named Linux Freeix.
Perhaps a short commented section in the beginning of the file explaining harmfull efects the DMCA's changes to American law would also help.
When Hollywood pork bellies violate us, Don't just wave the Flag, wrap yourself in it!
Not to mention Slashdot should make a larger range of scores!
All those years of third person shooters are about to pay off. :)
Thank you very much for efforts so far in this case, I have a personal and professional stake in the continued protection of freedom of speech on the part of computer programmers and the right to reverse engineer. I hope you continue to stay on the case through appeal, we need your efforts.
I have a few questions for you.
How time dependant is the chalenge to DMCAs constitutionality? Will the appeal be based solely on legal precedent or will the passing years that the DMCA stands work against you?
I am planning on purchasing a laptop with a DVD rom in the near future. Now that the judge has rendered DeCSS illegal to own or use, what kind of legal consequenses do I face I use DeCSS in Linux to view DVD disks on my laptop. Is their any kind of law that would protect me if I am doing it as a protest or civil disobediance?
I live and work in New York state.
Thanks again for your time.
Matthew Newhall
President of the Long Island Linux Users Group
president@lilug.org
Here are 5 and 6 directly from a textbook of mine.
5. Social contract orientation. Right action is defined in terms of general indiviual rights and standards which have been critically examined and agreed upon by the whole society. The diversity of personal values and opinions is recognised, and there is an emphisis upon procedural rules for reaching concencus. There is a corresponding emphisis upon the "legal point of view" but with a regonition of the possibility of changing the laws out of rational considerations of social welfare. Outside the legal realm, freely arrived at agreements are the major elements of obligation.
I said "5. Society's total logic is the correct (halfway between 4 and 6)" I don't think I was too far off the mark here perhaps 5 is better descibed as peer review.
6. Universal ethical princible orientation. Right action is defined according to abstract, autonomously adopted ethical priciples appealing to logical comprehensiveness, universiality, and consistancy. Basiclly, these principles are justice, the reciprocity and equality of human rights and respect for the dignity of human beings as individual persons.
I said "6. Decision making based on logical conclusions that are elusive and bigger than us." Look at 6 dosn't it smack of a logic beyond the law? A higher logic perhaps? If Killing was logical as the right thing to do, Charles Manson and David Koresh would have been 6s. They didn't follow the law or peer review but their own higher logical order.
6 is a bit more complex than I represented it, so I will be more complete with it in the future.
I think I understand what is going on here but it isn't neccesarly self evident.
Lots of people are saying, "DMCA and copywrite are the law, so you are wrong."
In response someone said, "Slavery was the law at one point, but helping slaves escape wasn't wrong."
And you said, "Ahh but their lives depended on it, We don't need to see movies"
According to Kohlburg
The first poster would be a #4 The second a #6 And you would be a #5
In my undergrad ethics class one of the more modern ethical philosophers we learned about, and one of my favorites is Lawrence Kohlburg. A rough interpitation of his 6 stages of moral development are as follows
Preconventional
1. I'll do what ever feels good at the time
2. You scratch my back I'll scratch yours
Conventional
3. Kiss butt and serve those in power and you get what you deserve
4. The rules are always right. If we all followed we would be OK
Postconventional
5. Society's total logic is the correct (halfway between 4 and 6)
6. Decision making based on logical conclusions that are elusive and bigger than us.
Ironicly the test question the study that fueled Kohlburg's conclutions, revolved around violating a drug makers IP rights to save a dying woman.
So please don't rip apart people who are calling 4s 3s and so forth what they are. I think there are a lot of 6s on /. who see this DVD thing for what it is, an attempt to overly inflate scarcity on IP even further than it is already inflated. Markets work best with moderate scarcity, somthing region codes further defeat. Since DVDs on Linux defeat region codes, the MPAA hates DVD on Linux. Their "Hollywood Pork" law, the DMCA, is not based on higher logic (the market serves all so best to retain maximum profit/thouroughput) but out of lazyness (little work for much reward.) The MPAA, RIAA, etc whatever, act out of self interest not interest of the artist. We all see though it. Do you?
If you think Ralph Nader's campain is worth your time, he is looking for Linux guys.
4. Information Systems Manager Objective of the position: To ensure that internal data management runs smoothly and effectively. Duties include: working with Compliance Officer and Webmaster to incorporate all incoming data into the office's databases; maintaining computer systems for receiving data from webpage; using computer programming to meet new uses of data as needs arise. Experience with Linux and databases required.
I might do it if I didn't need the money my currenty job provides.
This is a much stonger case against the DMCA than "Free Use" ever was!
As the Klingons say "This is a Good Day to Die!"
Kapla
We, a community of concerned "experts", need to start explaining to people that Microsoft wasn't broken but that the idea of a closed source operating system is broken! It's time to break out of the cycle, and if people don't understand why it came to an antitrust trial to stop Microsoft, it's just a matter of time before another Microsoft emerges.
I define operating systems as - All components that are shared by unrelated programs and applications in a fully documented* fasion that are not single purpose programs* or applications themselves.
*Fully Documented - any discrepencies in documentaion will void OS candidcy.
*Single Purpose Programs - Browsers browse, Games play, Cad apps edit Cad files etc... If editing a cad file becomes a 100% documented standard then it would be eligble.
A few examples of how this would work.
Closed source operating systems will always assimilate everything in their path if unchecked. If people don't understand this we are headed for Microsoft #3 (IBM was #1) be it Sun or AOL or one of the the big media companies.
The pristine image of Microsoft been destoryed opening up new dicussions. I don't want to fight big company #3 for standards, drivers etc, so lets educate people! We may not have a third come-back.
"When you have a defective product, you find ways to improve it. Mattel is wasting time, energy and money in a futile attempt to put the decryption genie back in the bottle."
Defective Product is fairly interesting language. It has all kind of nasty implications. Picture this scenerio....
You discover that you childs Mattel(R) brand truck has a defect where a wheel can be easily broken off and swallowed, possibly causing choking. You attempt it to describe the breaking and choking process to others but you are incapible of expressing exactly what is happening. You decide to make a video of the process to better explain what you could not describe otherwise. You put said video on the internet and submit your link to search engines. Several weeks later you recieve a letter to appear in court! You are being sued for 10 million dollars on the grounds that you used their trademark without permission.
You can see the use of technology in CPHack playing the same role. Citizen consumer advocites using some technological media in order to express the failure of a product, and being prosecuted for it.
It seems pretty clear that Mattel is even concerned with ethics or product quality, just apperances. With that type of attitude I don't intend to buy ANYTHING for young children from them.
Read this fast, it will soon be censored by CyberPatrol. :( ...hell I'm going to make that my .sig!
I love those old clicky IBM 10 lb cast steel jobs. Try finding one of those prefabed to swap on me. Just in case I'll make sure to weld it shut in 10 places and padlock it to the desk. I'll leave a horse hair in just the right place and wipe my prints off it every night and spray for prints every morning. Not to mention my hidden spy-cam...uh oh I hear helicopters.
Who says I ain't safe ;)
I'm kinda suprised nobody asked yet. This raises a few questions about the LGPL...
Would he legally (I'm not asking about morality I think that's pretty clear) right if this were the LGPL?
Legally speaking how clear is the the distinction between patching and linking against a LGPLed file in the LGPL licence?
Legally speaking how clear is the the distinction between patching and linking against a file in the courts? Are there any precedants set?
In the LGPL case, Codewise, how feasible would it be to set up a (also) LGPLed api in our hypothetical LGPLed Quake to link to a seperate binary with the changes? If it's just to damn complicated for quake then can anyone think of an LGPL program that this scenerio is more feasible?
Boy I ask alot of questions! :)
Thanks to anyone who try to answer these, this scenerio makes the Lesser GPL look kinda weak to me.
Bruce Lee
Jackie Chan
Jet Li
I think a MPAA boycott could be more than tolerable, it could be downright fun! Time to crank up the bandwith to my home!
IS the begining of the end or the end of the begining? Hopefully this will be a huge success and set a precedent. I might even buy brands I see in the adverts if they don't suck.(I rarely do that)
...if you are talking about a licence good enough for a blessing from opensource.org. Not gonna happen, ever!
I can only imagine what a Microsoft "Generaly Availible Source" (nicknamed GAS)licence would look like. It would likely contain things like...
We own and retain complete control over any work derived, created, or concieved by anyone who has ever looked at any portion of this source code. By looking at this source code you agree to comply with the new world order. Did we mention we included a small part of command.com in the EULA? Your soul is mine.
Then all they would have to do is lobby to pass the Microsoft Millenia Copyright Act (DMCA^H^H^H^H MMCA)to legalize shrink wrap licences. Then all software would belong to them.
OK, OK fair enough, Richard Stallman would be exempt.
It is the only reason my Windows partition remains.
I'm not sure about NFS3, but NFS2SE is directX centric. On the other hand it comes with a seperate 3dfx binary. Perhaps it is glide? Maybe there is hope!
Come on EA. Oh great creators of Starflight, join us on the flip side.
Matthew Newhall
Burn the lobbiests. Or even better put them out of business. Make them go back to selling used cars, or con'ing old ladies, or whatever it is that hell originally sent them here for.
It seems that courts are the only places where government officals are even remotely interested in what's good for the average Joe. The judicial branch is special because when a judge takes money to support one side of a case it's not a contribution, IT'S A BRIBE!
Campain Finance Reform is the only way we will ever be able to rest on such issues (if only for five minutes.)
I realize "The price for freedom is eternal vigilance.", but dumb bills and acts are at an all time high. I believe the forces on the side of public interest will reach the point where they are financially overwhelmed by the sheer monetary power and swing of offenders like this. We must cut off the corporate veto on our rights, before it is to late.
Remember which candidates where supportive of campain finance reform at the polls this year.
Matthew Newhall
Corel's has made many contributions to the Wine project in the eyes of the non-Corel wine project members (quite possibly the most important people to impress at this stage.) One of your main motivations for this must be the framework to port the Corel Office package to Linux. I imagine upon completion of the Office port, any motivaton to continue major contributions, barring maintenance, would likely be focused on general Microsoft Windows XX emulation.
That said I've got a few questions.
I've heard it said that the last five percent of any project takes ninty five percent of the effort to complete. Do you intend to fork your Wine tree in the hopes of being the only Windows alternative for running some Windows programs? Or will you keep your Wine efforts public in the hopes of making the Windows market, a commodity market?
In either case, barring radical mutilation of Mircosoft on the part of the DOJ, would you be willing to donate legal defence funding to the Wine team durring the inevitable legal onslought to be brought on by Microsoft? Do you think you will have a choice?
Their are several legal efforts in various stages to outlaw reverse engineering here in the states. Do you think countermeasures are neccesary to put the brakes on the impending anti-reverse enginereing bills?
Matthew Newhall
President of Long Island Linux Users Group and a CORL stockholder.
Was there not a big war about
Think about it from this future perspective...
"Why should I download Mozilla to replace IE?"
"Because...
It's 8 megs instead of eighty, making it small enough to zip across 7 floppies.
It is rock solid.
It is fully HTML 4.0 compliant
has complete .png support"
Users will want it, Developers will need it.
Could you picture a world ruled by IE, IIS, and front page?
The totaly befuddled web developer replies to you, "I don't understand. What do you mean you want to view the source?"
Al Gore needs to get involved because this is all his fault. I think he feels bad.
Microsoft didn't have as many chances to abuse their monopoly power ten years ago. But then Al, in his infinite wisdom, invented the internet.
Microsoft would have never done those things to try to help the internet work better had Al never inventeted it. So it's really his fault.
I'm sure tomorrow he will tell the judge that it isn't really Bill G's fault and how he will do better next time.
Then again I bet big brother baby George B, is already trying to help. So big brother Bill G may not bother big brother Al G.
*I know the story dosen't read like that, but I don't trust Al. How many any rockers remeber his wife's censorship trip at the head of the PMRC? Could you picture Tipper Gore as president^D^D^D^D^D^D^D^D^D err I mean first lady?
"At 163 Tbps, it is capable of handling 105,496,774 T1 lines!!!
you could also calculate that since each T1 has 24 channels (right?) that's 2,531,922,576 channels available! (1 channel = 1 normal telephone line.)"
AOL would only have to buy 5 or 6 of these to not have to hang up on their cutomers every 10 minutes.
I thought Pi was a good geek movie overall, but one notible gripe.
He really must have been schizophrenic not to realize his computer crashed because he stumbled across some kind of identity within his program that caused a divide by zero error. That part of the movie was like a roller coaster.
"No don't cry your on to something, the compter crashed for a reason..."
"No, don't do that, don't crumple up the paper, NO DON"T THROW IT OUT!!!!! YOU STUPID IDIOT!!"
Yes I do often talk to myself. No the doctors can't help me.
Did anyone else notice he looks a little like Linus Torvalds? Maybe it was intentional? It was made in 94'