more on Progress and Freedom Foundation: Leave DMCA alone, don't permit circumvention! [ip] {v2}
Begin forwarded message:
From: Bob Frankston <Bob2-19-0501@xxxxxxxxxxxxxxxxxx>
Date: October 8, 2005 12:04:30 PM EDT
To: dave@xxxxxxxxxx, 'Ip Ip' <ip@xxxxxxxxxxxxxx>
Cc: 'Declan McCullagh' <declan@xxxxxxxx>
Subject: RE: Progress and Freedom Foundation: Leave DMCA alone, don't
permit circumvention! [ip] {v2}
Years ago at an Upside Magazine event in DC I asked Boucher about
Moore’s law because of the obvious impact on technology and
legislation. He didn’t have the concept. Over time over I’ve spoken
to a number of well meaning public servants and it’s been
discouraging. It’s not that the people are trying to do harm, but
they go for stories that make the most sense to them – facts only
confuse.
I recently posted an essay on Kodak's WiFi Camera http://
www.frankston.com/?name=SATNEasyShare -- it turns out that you have
to pay Kodak extra if you actually want to get the bits that
represent the pictures. The more pictures the more it costs per picture!
What I found most disturbing is how little protest there is to the
lack of ownership or control -- the kids today are so depressing well-
behaved. Of course they've always been.
I can foresee the next generation of DMCA focused used by schools.
They lease the knowledge but never sell it. These schools will have
very attractive tuition plans -- you just assign 10% of your future
income streams and guarantee not to pass on any learning to others.
Unauthorized sell of teaching materials will be considered attempts
to circumvent. But so is telling people that holding the shift key
down will prevent automatically running the protection software on a PC
-----Original Message-----
From: David Farber [mailto:dave@xxxxxxxxxx]
Sent: Saturday, October 08, 2005 06:26
To: Ip Ip
Subject: Progress and Freedom Foundation: Leave DMCA alone, don't
permit circumvention! [ip]
Begin forwarded message:
From: Declan McCullagh <declan@xxxxxxxx>
Date: October 6, 2005 3:10:55 PM EDT
To: politech@xxxxxxxxxxxxxxx
Subject: [Politech] Progress and Freedom Foundation: Leave DMCA
alone, don't permit circumvention! [ip]
In Patrick Ross' commentary below, TPM=technical protection measures,
aka anti-copying mechanisms.
I think Ross is misguided, irresponsibly overstates the alleged harm
of permitting circumvention for fair use, and ignores the documented
problems caused by the DMCA. A more rigorous free-market approach is
here:
http://www.politechbot.com/2005/06/13/new-article-on/
But nevertheless, the Progress and Freedom Foundation is an
influential think tank with many fans among Republicans on Capitol
Hill. (PFF recently hired Michael Powell's legal advisor, for
instance, and its board is primarily former Reagan administration
officials.) No wonder DMCA reform is going nowhere.
-Declan
---
http://news.com.com/2010-1025_3-5889596.html
Here's a surefire way to stifle innovation
By Patrick Ross
Published: October 6, 2005, 4:00 AM PDT
...A well-meaning U.S. Congressman, Rick Boucher of Virginia, is the
author of the legislation in question. He first tried to make
circumvention of copy-protection mechanisms legal back in 1998, when
Congress was debating the Digital Millennium Copyright Act. His
effort to amend the bill failed.
Since then, he has been continuing his crusade through standalone
bills; his version in this Congress is HR-1201. Boucher claims that
digital rights management (DRM) on DVDs, CDs and other mediums can
stifle fair use. The U.S. Copyright Office largely has disagreed in
DMCA review proceedings, but Boucher nonetheless persists...
But if HR-1201 becomes law, every consumer could legally hack any TPM
by claiming fair use, and as fair use isn't codified, there would be
as many definitions of it as there are consumers. Consumers would be
legally sanctioned to break their contracts with the content provider.
No sane business operator enters a contract in which one party has
the right to disregard its terms at will, but that's what HR-1201
permits. That hated TPM would disappear from the market, as there's
no reason to employ a lock if everyone has a legal right to the key.
But as TPM leaves, so do the digital offerings that come with it...
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