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Skeptical Debunker

Unintended Consequences: Twelve Years under the DMCA | Electronic Frontier Foundation - 0 views

www.eff.org/...tended-consequences-under-dmca

EFF DMCA analysis

shared by Skeptical Debunker on 03 Mar 10 - Cached
  • The DMCA Chills Free Expression and Scientific Research. Experience with section 1201 demonstrates that it is being used to stifle free speech and scientific research. The lawsuit against 2600 magazine, threats against Princeton Professor Edward Felten's team of researchers, and prosecution of Russian programmer Dmitry Sklyarov have chilled the legitimate activities of journalists, publishers, scientists, students, programmers, and members of the public. The DMCA Jeopardizes Fair Use. By banning all acts of circumvention, and all technologies and tools that can be used for circumvention, the DMCA grants to copyright owners the power to unilaterally eliminate the public's fair use rights. Already, the movie industry's use of encryption on DVDs has curtailed consumers' ability to make legitimate, personal-use copies of movies they have purchased. The DMCA Impedes Competition and Innovation. Rather than focusing on pirates, some have wielded the DMCA to hinder legitimate competitors. For example, the DMCA has been used to block aftermarket competition in laser printer toner cartridges, garage door openers, and computer maintenance services. Similarly, Apple has used the DMCA to tie its iPhone and iPod devices to Apple's own software and services. The DMCA Interferes with Computer Intrusion Laws. Further, the DMCA has been misused as a general-purpose prohibition on computer network access, a task for which it was not designed and to which it is ill-suited. For example, a disgruntled employer used the DMCA against a former contractor for simply connecting to the company's computer system through a virtual private network ("VPN").
  • Skeptical Debunker on 03 Mar 10
     
    Since they were enacted in 1998, the "anti-circumvention" provisions of the Digital Millennium Copyright Act ("DMCA"), codified in section 1201 of the Copyright Act, have not been used as Congress envisioned. Congress meant to stop copyright infringers from defeating anti-piracy protections added to copyrighted works and to ban the "black box" devices intended for that purpose.1 In practice, the anti-circumvention provisions have been used to stifle a wide array of legitimate activities, rather than to stop copyright infringement. As a result, the DMCA has developed into a serious threat to several important public policy priorities:
thinkahol *

Why Big Media Is Going Nuclear Against The DMCA | TechCrunch - 0 views

techcrunch.com/...big-media-nuclear-dmca

Why Big Media Is Going Nuclear Against The DMCA | TechCrunch

shared by thinkahol * on 09 Nov 11 - No Cached
  • thinkahol * on 09 Nov 11
     
    When Congress updated copyright laws and passed the Digital Millennium Copyright Act (DMCA) in 1998, it ushered an era of investment, innovation and job creation.  In the decade since, companies like Google, YouTube and Twitter have emerged thanks to the Act, but in the process, they have disrupted the business models and revenue streams of traditional media companies (TMCs).  Today, the TMCs are trying to fast-track a couple of bills in the House and Congress to reverse all of that. Through their lobbyists in Washington, D.C., media companies are trying to rewrite the DMCA through two new bills.  The content industry's lobbyists have forged ahead without any input from the technology industry, the one in the Senate is called Protect IP and the one in the House is called E-Parasites.  The E-Parasite law would kill the safe harbors of the DMCA and allow traditional media companies to attack emerging technology companies by cutting off their ability to transact and collect revenue, sort of what happened to Wikileaks, if you will.  This would scare VCs from investing in such tech firms, which in turn would destroy job creation. The technology industry is understandably alarmed by its implications, which include automatic blacklists for any site issued a takedown notice by copyright holders that would extend to payment providers and even search engines.   What is going on and how exactly did we get here?
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