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Skeptical Debunker

Unintended Consequences: Twelve Years under the DMCA | Electronic Frontier Foundation - 1 views

  • 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").
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    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:
Skeptical Debunker

Leaked documents: UK record industry wrote web-censorship amendment - Boing Boing - 0 views

  • Parliamentarians need to recognize that copyright touches everyone and every technology in the digital age. It is no longer a question of inter-business regulation and deals. Getting copyright wrong has the potential to mess up our freedom of speech, prevent us from getting the benefits of new technologies, and damage society in other very profound ways. It is therefore deeply inappropriate for such fundamental proposals to have been introduced by both the government or the opposition parties at the behest of one side of the debate. That applies just as much to disconnection, which Mandelson introduced in the summer at the last minute under pressure again from the BPI and other rights holders.
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    Last week, the UK LibDem party was thrown into scandal when two of its Lords proposed an amendment to the Digital Economy Bill that would allow for national web-censorship, particularly aimed at "web-lockers" like Google Docs and YouSendIt. Now a leaked document from the British Phonographic Institute suggests that the amendment was basically written by the record industry lobby and entered into law on their behalf by representatives of the "party of liberty." This weekend, LibDem members who attend the national convention in Birmingham will have the chance to vote on an emergency measure affirming the party's commitment to an open and just Internet, repudiating this disastrous measure. If you (or someone you know) is attending the convention, please support the "Save the Net" emergency measure and help rehabilitate the party's reputation on fundamental freedoms in the information society.
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    Proving once again that special interests can "buy" the "support" of politicians of any stripe! And they can do so regardless of the "best interests" of the "majority of the people", who those politicians are supposedly morally (by honor) and legally (by oath) bound to represent!
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