The DMCA Is Just The Beginning 390
dr. greenthumb writes: "With the Sklyarov-case still fresh in memory, the Electronic Frontier Foundation (EFF) wants to rally up against the Free Trade Area of the Americas (FTAA) in order to preserve privacy and freedom of speech. The FTAA is currently negotiating agreements with several countries in the Western hemisphere concerning, among other issues, intellectual property rights. According to the EEF, the FTAA organization is considering treaty language that mandates nations pass anti-circumvention provisions similar to the DMCA, except the FTAA treaty grants even greater control to publishers than the DMCA."
Of course (Score:1, Insightful)
Law upon law... (Score:5, Insightful)
It will get worse before it gets better... (Score:2, Insightful)
Unfortunately, by blinding lashing out at the community we are just that much further from reaching a compromise between consumers and companies.
Re:Canada (Score:5, Insightful)
You might be more right than you know. The US Constitution will eventually cause the demise of the worst of the DMCA, that is, if an honest judge ever hears a case (not a MPAA shill like Kaplan). It hasn't happened yet, but it eventually will, as the fair use rights circumvention in the DMCA are contrary to years of Supreme Court precedent (such as the Betamax case).
All it should take is a smart lawyer arguing that digital is no different than analog, the only difference is that the IP cartels are LYING about it being different so as to flout the Constitution in ways they were smacked down on in cases relating to analog technology. Judges may be clueless with regard to technology, but they are DEFINATELY not clueless if informed that a "fast one" is being pulled on them.
However, those who live elsewhere may not have the advantage of having a Constitution written by men who loathed overreaching government more than any other founders.
And, even here, I'm not completely confident that the Constitution will prevail, as we've suffered under regieme after regieme, both in the white house and in congress since 1933, who have ALL subverted the Constitution for their own personal and political gain.
Re:Global Big Brotherism on the Rise (Score:5, Insightful)
You make an excellent point. Fascism is on the rise worldwide, though most of the world has ALWAYS been non-free, elective republics being only a recent phenomenon largely condfined to the Western world. And even there, most of the West didn't become democratic until after World War II, only 50 years ago or so.
History shows that most republics don't last more than 30 generations, the United States being in fact, the LONGEST lasting one. However, given the increasing despotic and authoritarian nature of the US government, I believe an argument can be made that we've already crossed the line into fascism. If we haven't crossed, we're percariously balanced on the edge.
As I've stated before, I believe the US has been becoming less free since 1933, when our first "king" came in to power (FDR) and single handedly removed all Constitutional restraint on the federal government. All in the name of "empowering government to do more FOR you".
Well, as you know, everything works both ways, a government that can do things FOR you, has equal power to do things TO you. Such as confiscate on average, about 50% of your income in various direct, indirect, and hidden taxes, so as to fund "bread and circuses" which both buys votes and keeps the majority cowed.
Giving our government this awesome power is what corrupted it. Who else, but the wealthy and powerful would be able to "buy" the use of this power?
The DMCA is many ways is the ultimate expression of such abuse, as it's complete narrow-special interest legislation, completely at odds with precedent, the Constitution, and morality. The kangaroo court nature of the 2600 trial exposed just how far the rot has gotten into other instutions. The corps have owned Congress and the White House for many years, but now they own the courts (judges come from lawfirms, who represent corps, who in turn pay obscene "speaking fees" to judges).
Which is why the DMCA must be fought. Believe me, it's only the BEGINNING of where things are headed, not the end. But nothing will happen so long as the majority of Americans keep looking on the government as some kind of nanny, thus empowering the government to do more for them, which in turn empowers it to do more TO them.
I'm not optimistic. The "bread and circuses" genie was let out of the bottle almost 70 years ago, and there is no sign of it being even checked, much less reversed. I find it ironic that the MOST evil of all states (Nazi Germany, the USSR, Communist China) are the ones who "take care of" their (obiedient) citizens with handouts stolen from the pockets of others. Somehow though, this gets distorted as "compassion".
It is time for protest in the streets (Score:2, Insightful)
A handful of people protesting for Dmitry managed
to get this into CNN. It is time for more of
the same.. I suggest Ben Franklin's Birthday
as a day of protest (not sure when it is, anyone know?), as he as a politician who understood
technology and its potential misuses (IP controls/patent bogosity..etc) and reminded us
to fight against it.
We also need a website (or a GNU political party
or something), that lists out in plain english
what these congress people are voting for and
who is giving them the bribe money to do so (and
link it from all over, so everyone knows what
they are up to, and will call them on it).
Corporate fascism is definately taking over, and
I am starting to be not proud to be an American
anymore.. we must take to the streets.. banners
& protest.. its a whole civil rights movement,
and it involves all of us to stop this
corporate techno fascism before it goes any
further...
This is 1984.. in real life...
It won't stop unless we get out there, and make
it stop...
[Re: Dmitry..sigh, the day that the US arrests
someone for thoughtcrime... I thought I'd never
see it in real life.. we should all stop being
so naive]
Re:Rule of thumb... (Score:5, Insightful)
When you consider that AA stands for American Association in most cases, its very unfortunate that term 'American' is associated with anti-freedom efforts here.
Re:i just don't get it (Score:2, Insightful)
SORRY! (really) but they aren't...
one trivial example, i have numerous friends in the record industry with CD collections numbering in the thousands, how many have they paid for?
from as few as 1 in 25 CD's to as many as 1 in 15 CD's so, obviously they benefit from their positions (at 15$/pop that's thousands of dollars)
another less trivial example, i know a person who just was promoted to a very senior executive position at an entertainment company, they're making 7 figures,
now, this person's large income is derived from the fact that a very large "information asymmetry" exists, this asymmetry in the case of books, television, films and music derives from the fact that a very small group of companies can act as a "market lockout" mechanism (we all remember that term, right?)....
so, maybe you are a better singer than Robert Plant or Beck or Mariah Carey or a better screenplay writer than Robert Towne or Bill Goldman or Jerry Zucker or a better actor than Jack Nicholson or Helen Hunt or Alicia Silverstone or Freddie Prinze Jr -G-
but without someone making the conscious decision to allow your talent to be exhibited, you'll be slinging pastrami at your local restaurant for the rest or your life.
the number of available channels for exhibiting/promoting/distributing such materials are being increasingly owned/controlled by fewer and fewer companies (who themselves are positively Gibsonian in global reach, influence and control)
the DMCA is just the latest of a spectrum of a wide variety of Intellectual Property laws that have been carved out by American Corporations (and European and Asian, with the E! Industry leading the pack in special interest IP legistlation w/o a close second, which would prob be Tech Companies)
it is now a race between the "content controllers" and their proxies (the US Congress, the EU legislature, et al) and the technologists
RIAA, DMCA, Napster and all the other battles going on now are just barely the opening skirmishes in what promises to be a long, long fight to allow the efficient use of digital technologies and to rationalize IP laws to reflect the new and oncoming distribution technologies...
Re:It is time for protest in the streets (Score:3, Insightful)
Most of us on
to use it, and disseminate it, widely, and
very quickly..
It is high time that we start to do this, before
we lose ALL our rights. Make websites, link to
them at the bottom of your pages. Get people
in the streets..
Re: writing to congressmen.. maybe it works but
I am not sure.. because congress people only work
for those people who pay them.. which means
not us.. so we have to put fear in their
hearts... take to the streets.. get in on the
front page of every paper in the country..make
them scared.. and they'll listen..
Protests, a manifesto (citizen's rights in the
IP age.. reasonable copyrights (ie. it expires
in 10 years).. and a whole slew of other things.
As well, we should keep protesting Adobe in
spite of what they say now.. they put Dimtry
in hock, so until he is free, protest them..
make Adobe use the same power they used to
get things like DCMA, to now get rid of it,
or we dont stop..
Thats the only way it will work, and only way
they will listen. Give hell to politicians to
take corporate bribes and pass laws that are
so obviously against the interests of the
people in the interest of corporate checks, and
give hell to the companies that are paying
those bribes..
Imagine a world where the govt. and corporations
(with the power of the laws they PAID for) can
search your PC (or the one in your office),
record everything, send the police to your house
and jail you for IP crimes (oops, your son
put a copy of IE on that old laptop, and the
license server at Redmond caught that! $6000 fine), or speechcrime (Dmitry), or thoughtcrime
(DeCss). This is what's coming people, unless
you get out there and do something.
It is war people.. wake up, or you will all
be prisoners of this orwellian future..
Organize yourselves (slashdot ed's?), get
a platform/manifesto, call the press, and
get out in the streets and make yourselves heard..
put fear in a politician today and remind them
that they had better answer to YOU.. or else..
I plan to, I hope many of you will do so as well
in your own cities/areas..
Re:Times like this... (Score:5, Insightful)
What did you expect? We're living in a democracy. It doesn't mean things will be OK, or even acceptable. It means that the country is (ideally) ruled by the majority of the people.
So what we get is the dictatorship of the majority. Most people are stupid, so they deserve stupid laws. They even deserve a stupid president. Just too bad nobody recognizes the joke is on them.
Fighting a rear-guard action here... (Score:4, Insightful)
BUT...
Those who care have been fighting this sort of thing on an emergency basis. We have to shoot down ever single encroachment on our rights in response to those encroachments.
Instead, why don't we do the same thing that those trying to take away our freedoms are doing and start sponsoring treaties or laws that protect those freedoms. Seriously, the EFF is in prime position to start this kind of lobbying! Let's just get a few legal hotshots to start authoring 'sponsored' legislation like the RIAA, MPA, and BSA have done. Let's start contacting other governments and get them to start thinking about treaties that protect public domain and fair use.
The idea here is to fight fire with fire. Treaties can often 'trump' laws, but with the right treaty in place...
C'mon, if I'm gonna pay a membership fee to the EFF, I'd like to see some of it used for proactive work like this.
Content Owner's strategy - divide and conquer (Score:4, Insightful)
It looks like a strategy of divide and conquer will work for content providers in their quest to get this sort of legislation passed in countries throughout the world. The already fragmented opposition to this legislation stands to be further fragmented by the requirement that their efforts be divided accross (in the case of the FTAA) the countries of the Americas in order that there be no discrepency between countries' approaches to Intellectual Property.
I made this same argument with respect to the Open Source Community response to Craig Mundie and Microsoft with respect to the legitimacy of the GPL. There must be a focused response. The EFF has provided good leadership thus far, but in order to be an effective leader you must have followers. This is antithetical to the OSS mentality of independant developers (who seem to be the only ones focusing in this issue in any depth at the moment). This tendency, as evidenced by the response by some members of the community to the EFF request to discontinue protests in the Skylarov case durring negotiations with Adobe - where some members of the community basically told the EFF to stuff it and "You Can't Control Me". As a community, we need to realize that we need to follow leaders - not any leader, but those who have proven themselves - for our mutual benefit.
Additionally, I think it's worth spending a moment considering why the issues around the DMCA and similar legislation have recieved so little coverage in the popular media. I know it sounds paranoid, but since the deregulation of the communications industry, (we all know) conglomorates have been allowed to emerge which represent both the news media and content owners. I would not presume to make accusations that the popular news media has interests other than informing the public, but it's disappointing that we havnen't seen these issues addressed in the popular media. Their lack of coverage, leaves us with the responsibility of making others aware of Intellectual Property issues. IP is a complex subject, even explaining limited aspects of it in a comprehensive way is difficult, but we must begin focusing our efforts in this area as well.
--CTH
Re:Canada (Score:2, Insightful)
Where is the moral difference between using force of a gun to steal from someone, and using the force of government (also a gun) to steal from someone?
By this analogy, aren't you stealing from them by driving on THEIR roads? Using THEIR power lines?
Governments ask money, but they repay this in services... infrastructure, education, health, law (yes, law is SUPPOSED to be a service to the people, to allow the protection of personal freedoms.. just this doesn't always happen). If they don't do this, there IS no government. They effectively don't exist.
The difference between more socialist countries (Canada, Australia, UK - hell, just about everyone) and the US is that you pay more, but you're supposed to get more - say, full education, full health care (not necessarily the best health care, but adequate), unemployment benefits.
Another ideological reason for socialist governments is the a government should be involved with all citizens - not in the totalitarian sort of way, but in a democratic way. The government does stuff for you, on a regular basis. If you don't like it, you can get involved and change it. Heck, we ARE the government, we picked these people. This link seems to have been lost in the US - the government is not representative of the people it rules.
This post is about truth, beauty, freedom, and above all things, Karma.
Lookit on the good side (Score:5, Insightful)
Because of the censorship, they had to hide their messages, using creative images and fables. The people knew instinctively that these messages were important and they craved them.
Then Glasnost came about, and eventually the Iron Carpet came down. Suddenly the people were free. Starved of free speech, there was a short flurry of popular political activity, with large political meetings, marches and what not.
Then things settled down, and one day they woke up. All this new stuff they had been denied all these years was now available. What a disappointment it must have been to them to discover that although the political messages in the western press might be of a different color, most of the stuff was ads, tabloid reporting on celebrities, porn, worthless fiction, stupid game shows, and soap operas. We fought all these years to hear the message from the other side, and all they have to tell us is "Drink Coca Cola?"
If I was Russion, I'd drown myself in vodka, too.
And what has this to do with the DMCA? Just the fact that it will force U.S citizens to be vigilant (break the DMCA laws) in order to have their free speech. By being in opposition to the ruling regime (the megacorps), U.S citizens can enjoy the excitement of getting their free speech, in spite of the regime. Now it's worth something. Hard to come by free speech is valuable. Gratis free speech is worthless.
The battle has already been lost. (Score:3, Insightful)
We, slashdot readers, are the minority of people who actually care about such issues. The average person, the majority of the population, does not care and has been dumbed down by years of propaganda. Joe Blow doesnt have time to care about the rights he has for using and watching his DVD, he just wants to be able to see them. The corporations behind such digital control acts have done their work well. They have consistently portrayed all those opposing such works as pirates seeking to rip off honest companies. They have been working behind the scences, lobbying governments to put in place laws and structures restricting copyright. Indeed, earlier laws introduced by the USA, has merely 'softened up' the public for subsequent ones.
Any lobbying by the EFF or other freedom organisation will be portrayed in the media as the work of extremists and ignored as such. I have repeatedly written polite letters to members of parliment about important issues (I live in Australia, sigh) and I usually get a 'thank you for your interest' response.
Now, the EU is issuing a Directive to other Eurpoean states to pass laws similar to the DMCA, while not binding, you can bet that the states will be pressured to comply. With millions of consumers living under such laws, the rest of the world will a)be subject to the rule of those laws (Skarlov (sp?)case in point) b)be pressured by the companies to introduce similar laws.
Game Over!
Re:Law upon law... (Score:4, Insightful)
That would not be civil disobedience. Civil disobedience is simply the refusal to obey certain laws that are unjust, while being completely passive. The DMCA prohibits "Circumvention of copyright protection systems." [www.loc.gov8081] Henry David Thoreau didn't pay his taxes because he disagreed with the government's stance regarding the abolitionist cause and the Mexican War. Thoreau willfully went to jail for his act of protest. That is what civil disobedience is, Not using any force at all.
So what can we do? Do what Henry David Thoreau did. If enough people do this, the laws would change.
The problems are:
Arrogance - Most people are not willing to go to jail for this.
Ignorance - Most people aren't aware of the DMCA and how it affects everyone.
Apathy - Most people figure that the DMCA doesn't really affect them, since they wouldn't try and circumvent copyright protection anyway.
The solution is education. People need to get off their asses and educate their friends, neighbors, and colleagues about the problems [anti-dmca.org] with the DMCA, and what they need to do to help. [anti-dmca.org]
Re:Times like this... (Score:1, Insightful)
Laws are becuase of the majority of the opinions of law makers, which may not be the same opinions expressed by the majority of the populace (or voting populace, important difference there!).
An indication that the will of the people is being ignored, clinton did not win the popular vote, he just won the electoral vote. Politicians will campaign mainly in states or areas with the highest electoral votes (what about the rest of the country, is it chopped liver?).
Now how does this tie-in with the DMCA? Well since politicians need shiny new ads paid for with shiny new dollars, they need to get it from somewhere, and that somewhere is money-laden corporations and/or individuals. Need a law passed, just hire some lobbyists, pay for candidates x, y, and z's campaign and bingo the law is swayed to your liking (does not work in all cases, see the bribery case in congress (or is it the senate?) currently going on).
Well, if we could fight fir with fire, we could always hire our own lobbyist and make donations to a PAC fund.
Unless freedoms are fought for very shortly we will live in a corporate state envisioned by william gibson or something similar to the corporate structe detailed in the shadowrunner or cyperpunk RPG's
Personification of Freedom (Score:2, Insightful)
Eventually, some bright scientific minds working in a large English colony on an Eastern Coast of a large land mass started to think up great and wonderful ideals, likes of which She had only ever dreamed of! Events took their stride and a land based upon the greatest of human Ideals became a reality: Thus the United States of America came into existence:
With it she bought these values unto the Land:
Freedom
Justice
And the Free Pursuit of Happiness
She thought her job was done and so went off to Europe, where her work was even more hard. But after almost two hundred years she thought her job was done. Little did She know, for one so Old, that her job is never done. A new threat emerged after the great battle of the years 1939-1945 and the Cold War years of 1945-1991. Little did she know that what was made to protect the small person in his pursuit of Happiness would turn into something so perverted that it would threaten his very rightful right to Happiness and reward. And it came through a system She thought would suit the Freedom of the individual from exploitation; The Law. The DMCA as it became known, was bought forth by a Monopoly of studio's to help keep them in their lofty position, free to carve up the World into regions to maximise profit.
She is always an eternal optimist and has to rely on others to know the Rules of Tyranny:
"Find out just what the people will submit to and you have found out the exact amount of injustice and wrong which will be imposed upon them; and these will continue until they are resisted with either words or blows, or with both. The limits of tyrants are prescribed by the endurance of those whom they oppress.
- Frederick Douglass, civil rights activist, Aug. 4, 1857
Any power that can be abused will be abused.
- Tyranny Law #1
Abuse always expands to fill the limits of resistance to it.
- Tyranny Law #2
If people don't resist the abuses to others, they will have no one to resist the abuses to themselves, and tyranny will prevail.
- Tyranny Law #3"
Are we to enter a new Dark Age?
These are Churchill's words during the Battle of Britain:
"if we can stand up to him [Hitler] all Europe may be free and the life of the world may move forward into broad sunlit uplands. But if we fail, then the whole world, including the United States, including all that we have known and cared for, will sink into the abyss of a new Dark Age..."
This new Dark Age maybe thus:
" if we can stand up to them [DMCA et al] all the World may be free and the life of the world may move forward into broad sunlit uplands. But if we fail, then the whole world, including the United States, including all that we have known and cared for, will sink into the abyss of a new Dark Age..."
Protracted and extended by Ignorance of the populace, they will work their lives, but something will be missing. Real Freedom, of expression and of Thought. These were now being patented and protected through Software patents, how long till they patented expressions and thoughts? Or is this already so?
Yet there is a Glimmer of hope, a hope small but visible. In small houses and apartments around the Western around people, men and women are worrying and thinking of things to do. Knowledge is there to be shared, to help Humankind ascend the mountain of Higher Being.
StarTux
Let's talk about beer (Score:3, Insightful)
Welcome to doublethink America, where because liberty has a price of eternal vigilance, it can no longer be regarded as free.
Re:FDR bashing (Score:3, Insightful)
- FDR single handedly removed all Constitutional restraint on the federal government
ALL Constitutional restraint? So you're actually claiming no private citizen has won a court case against the US government on Constitutional grounds? That the protective powers of the Constitution aren't invoked every day?And did you ever stop to question why there are so many cases that go to the Supremes on Constitutional grounds? It's because the Legislature and Executive have stopped viewing the Consitution as a guiding principle for their actions, but as the ultimate limitation on them. What FDR did was to say to the Judiciary "I'll pass any damn law I like, and you'll have to strike it down years later when it finally reaches you through the courts."
Do you see the difference? Laws are passed that the Legislature and Executive know are unconsitutional (heck, ~50% of the Legislature, and the previous President and her husband are members of the American Bar Association), but they basically don't give a damn unless they're pretending to champion the Consitution for propaganda purposes.
I used to make an effort to not be so cynical about politics, but then I took a good, hard look at what is actually going on, and realised that We, the People, have no say in deciding the laws that effect us. Laws are bought and sold at will, all wrapped up in the sanitised form of bribery known as "campaign contributions"
Gaa, I give up. Read this [nara.gov] very short taster, and begin to get yourself a clue.
Re:Law upon law... (Score:2, Insightful)
If we truly want to affect change we must begin with ourselves. Break the habits! In this case it means making a firm resolution to NOT purchase, use, disseminate, or in any way involve oneself with the products/services created by the corporations who are the primary backers of legislation like the DMCA.
Too many of us, myself included, bitch and moan about M$, the RIAA, MPAA, etc, etc.. but we still use M$ Products at home or work, we still buy CD's put out by RIAA artists, and we still pay to see movies/DVDs put out by MPAA companies.
Corporations care about one thing: the bottom dollar. If we want change then that is where they need to be hurt. Protest - yes. Support the EFF - yes. BUT, also refuse to work with MS products (there are plenty of UNIX jobs out there, and you can always use Linux at home). Stop listing to music from RIAA artists (that means not buying, not giving or accepting as gifts, and even not "pirating" it), and stop seeing/renting/pruchasing movies put out MPAA companies. Don't even give these things away if you already have them. Garbage them altogether and if anyone asks for god's sake tell them why!
Hopefully you will feel "discomfort" at losing the things you've taken for granted. Good. Discomfort creates awareness. Hopefully people close to you will notice and will ask giving you opportunity to explain and spread the word (don't preach though, action is the best example).
As a last resort, we can all move en-masse to a derelict gun platform in the middle of the North Sea and create our own state.