Industry Divided Over SSSCA 368
CBravo writes: "The EE Times has a story that talks about the SSSCA and how it divides the industry. Short part:'If approved, the law would be enforceable under federal regulations and could dramatically alter the way system OEMs design and develop PCs, TVs, set-tops or other digital appliances with embedded microprocessors, according to industry sources familiar with the Hollings proposal. The motion-picture industry, with the Disney and Fox studios in the lead, backs the legislation.'" If you thought the DMCA was bad, look out -- the SSSCA would inject far more control into a wide range of electronic devices.
So, once this bill passes... (Score:4, Insightful)
Welcome to your digital nightmare (Score:5, Insightful)
This legislation would make:
a) Building your own computer from commodity parts illegal.
b) Building your own OS illegal.
c) Programming your computer/hardware illegal unless: you only use the officially accepted libraries and agree not to even attempt reverse engineering any of them.
Welcome to your nightmare. This is what the Sony executive said a couple of years ago when he said that they'll be taking the battle for their IP rights to every home and every computer.
Someone needs to right an advocacy howto on this! (Score:4, Insightful)
How do you explain this to your Mom?
The Sky is Falling.... (Score:4, Insightful)
If you don't like the proposal, write your representative. Tell them how stupid and unconstitutional this is. Don't complain about how "The Man" is out to strip you of your rights. That won't accomplish anything.
Re:The Sky is Falling.... (Score:1, Insightful)
Re:Welcome to your digital nightmare (Score:3, Insightful)
I just received a "home-built" computer as a gift.
Never thought it might be illegal one day.
IP rights protection is one thing, but when it affects even activities not necessarily related to IP, something is wrong.
Re:Someone needs to right an advocacy howto on thi (Score:5, Insightful)
And unfortunately, you can expect to be just as effective in getting her excited about stopping the bill.
This is scary as hell - because these initiatives are difficult to explain to consumers, it may be impossible to stop them. Voter apathy has never had such potential to rot the country from the inside out. Soon, any business big enough to afford a good lobbyist can expect to have their business plan protected by law.
Deep pockets on both sides of this, which is good (Score:4, Insightful)
Re:The Sky is Falling.... (Score:3, Insightful)
Congress is not afraid of passing an unconstitutional law, since there's always the Supreme Court to strike it down if necessary. Scary thought, isn't it? Especially when you consider that most sitting members of the Supremes were appointed by Reagan and Bush Sr. and at least two will retire in time for Dubya to replace them with new hand-picked right-wingers. This is your last defense against unconstitutional laws and it even costs *me* sleep, up here in Canada...
Re:Don't forget to sign the petitions.. (Score:4, Insightful)
Online petitions are actually worse than useless, because they give the illusion to people that they are actually doing something, when they might otherwise have written a letter.
If you care about this issue, write a real letter, on real paper, with a real stamp.
Re:The Sky is Falling.... (Score:3, Insightful)
The system of "checks and balances" originally envisioned hasn't worked for many many years. People are too stupid and too greedy. The "system" failed for the DMCA. The "system" has had no effect on the recent anti-terrorism laws -- passing in HOURS. And it will fail with this bullshit as well.
This will be one more law people break with abandon. Of course, this one will be a lot harder to break with all the hardware manufacturers playing along.
Short of a cue, none of this is ever going to change.
what about kids? (Score:0, Insightful)
will the laws include provisions for lesser jail sentences for minors who "attempt to circumvent copyright-enforcing hardware for media playback"?
Re:Deep pockets on both sides of this, which is go (Score:3, Insightful)
The best we can hope for is an upswing in lobbying efforts by high-tech organizations. That *might* counter this bill, but just means more lobbying by groups defending their business.
What is really required is a massive, permanent lobbying effort by EFF and other civil rights organizations. Too bad it'll never be within their financial reach.
Letter I sent to 60+ senators--do the same! (Score:5, Insightful)
The Constitution requires that copyright term be limited. From this point of view, the current copyright law is no less than a Constitutional outrage. Triply so: From a theoretical point of view, if Congress is free retroactively to extend copyright term at will (as it has repeatedly done in this century), then copyright term fails to fit the definition of "limited". From an operational point of view, a copyright law that has been repeatedly extended so that no works have actually made it or will make it into the public domain during my entire adult lifetime, both past and future, is a copyright law that fails the operational definition of "limited". And finally, in human terms, a copyright term that extends more than a lifetime after the death of the author fails the definition of "limited" on the human scale. It has been argued that this extension of copyright encourages authorship. Such an argument is purely specious: it is impossible that an author already 50 years dead can be encouraged to produce further works by the extension of his copyrights for another twenty years.
B. Discussion1 034). A year ago,
the US National Security Agency concluded that it was impossible to
make Microsoft systems sufficiently secure for sensitive applications,
and constructed an especially secure configuration of the Linux
operating system for that purpose (see http://www.nsa.gov/selinux/).
The SSSCA would make Apache and Linux illegal.
1. National Security: First of all, this bill is a serious threat to the national security of the United States. The reason for this is as follows: Both the Internet and digital computers have become critical to the continued security and prosperity of the United States. This bill, by outlawing all digital equipment that does not " include and utilize certified security technologies" would have the de facto effect of outlawing all software and computers except those from a few large corporate sources--particularly, the effect of outlawing so-called "Open Source" software such as the Linux operating system and the Apache web-server, which are distributed in human readable and modifiable form. What would remain is exactly the systems and software which have shown themselves most vulnerable to attack: virtually all of the disruptive "virus" and "worm" attacks of the last five years have been made possible by defects in the inherent design of Microsoft operating system, server, and email and application software. The computer-security situation is so serious that earlier this week the very staid Gartner Group management consulting firm issued a warning recommending that their clients immediately remove Microsoft internet server software and replace it with products from other vendors such as Apache and IPlanet (see http://www3.gartner.com/DisplayDocument?doc_cd=10
2. Un-Constitutionality: The SSSCA, with its absolutist protection for "security technologies" is an affront to the Constitutional provision for copyright. The Constitution grants Congress the power to establish a LIMITED monopoly,
against whose conditions the SSSCA is an outrage. The SSSCA admits no limit on the term of protection it espouses. Nor does it make any provision for fair use. In its original 1823 decision establishing the doctrine of fair use, the Supreme Court stated that Congress may make no copyright law so strict as to deny freedom of speech nor freedom of the Press. The SSSCA violates this Constitutional requirement also.3. Poor public Policy: The Founding Fathers did not regard "intellectual property" as a natural right, but rather as a limited legislated monopoly which was of benefit to society as a whole _if managed properly_. They had had relatively recent experiences with both no-copyright situations and with permanent Crown monopolies on publishing (and, sadly, they tended to be better versed in history than many are today.) They knew that copyright was of greatest benefit to society at large if it offered a quid pro quo: in exchange for a temporary monopoly on copying, the authors must pass their works into the public domain--the property of all of us--at the expiration of the limited term. This bargain has already been brought to the breaking point by current copyright law,e specially the DMCA; the SSSCA breaks it completely. It is purely and specifically for the narrow benefit of a few large publishing houses who fear that digital technology will break both their stranglehold on the authors and music-writers and their captivation of the public at large. (Note that the SSSCA's provision for setting "standards" has the effect of freezing out both writers and the general public.)
4. Over-breadth and Vagueness: Finally, Sen. Hollings himself has admitted in interviews with Wired magazine that the provisions are deliberately vague, in order to get a bill passed with provisions that may be applied far more broadly than Congress intends or believes reasonable. Congress should not permit itself to be so deceived.
C. Needed Copyright Reforms.
There are reforms that do need to be made in copyright law; let me suggest that any copyright bill should be amended to include at least the following:
D. Conclusion
You have sworn to uphold the Constitution of the United States. Copyright law should be returned to its Constitutional limits.
Re:So, once this bill passes... (Score:3, Insightful)
The DMCA already has provision for mandatory copy control on video devices, and has special allowances for selling used older devices. The idea is to hide the fact that you're fucked until all of your devices are compliant.
Re:Don't forget to sign the petitions.. (Score:2, Insightful)
Re:Jack Valenti can go to hell. (Score:5, Insightful)
I found it amusing as I've listened to Governor Bush's Sept. 20th address before Congress, that he describes Afghanis as the first victims of Al-Qaida and the Taliban. He even mentions that in Afghanistan you can be jailed for owning a television. Welcome to the next USA, where you can own a television, but will be jailed if the television you own is not State Approved.
WOAH Everybody... Chill!! (Score:2, Insightful)
Can someone please explain to me the exact portions of the bill that state that
a) you will not be allowed to run linux
b) you will not be allowed to build your own PC from commodity parts
??
What I see is "unlawful to manufacture, import, offer to the public, provide or otherwise traffic in any interactive digital device that does not include and utilize certified security technologies that adhere to the security system standards.". Which is basically saying that "if you want to have something that you can view multimedia on, it has to have built in digital copyright controls on it".
So what you're saying is: "Hey, hell no we won't put such things into linux!
While I am not saying that this is a good thing, don't you think that you all are going just a wee bit over the deep end with the exaggerations on this one?
Please tell me if I'm wrong, but I don't think that it is nearly as bad as you are claiming it to be. If linux were to implement these technologies (which, of course, the people who make linux would really, really, truly rather not do) then you could still use it. If you bought the hardware that conformed (which, btw, all hardware sold will so I don't see the argument there?) then you can still build your own computer.
Now, with that aside, this "proposed" legislation is shitty for the customers, but why is it? If you think about it, they are not preventing us from doing anything that the majority of customers don't already do. Now let me qualify that. What you are legally allowed to do is buy something and watch it. What this prevents is piracy, which BTW is illegal anyways. Piracy in this case means viewing it when you're not allowed/making copies/etc. Yep, it sucks. However we always break these laws anyways.
Oh, can someone please explain to me how the ability to copy a movie or music is a funamentally basic human right?
In any case, as with all things, if this does get passed and these restrictions are put on, and if you don't like it, nobody is making you buy that movie or listen to that music
1) the purchases of music/videos/etc will fall by the curb and the industries will be left scratching their heads going "wtf happened?"
-or-
2) the majority of people won't care and will still continue to buy the new restricted stuff anyways, and, in the eyes of the corps, they will not have lost.
Of course, if #2 happens then that means that you, my friends, are indeed in the minority and it's just because you want to illegally copy/pirate your stuff or get stuff for free, because the majority of people won't have seen a difference.
however if #1 happens, then it will turn out that everything that you are saying is correct, and justice will take care of itself.
Thus perhaps you should be putting your energies into the right place. If indeed this legislation does pass, (or even before it does), then lean on the same mechanisms that they use to promote this shit. Write your local newspapers. Create situations where this stuff truly is horrible. Tell your friends and neighbours. Put up billboards and posters. And certainly not the entire public are morons, they can see through shit, and if it is truly, absolutely horrible for the gross public then the gross public will respond.
Is everyone aware here that there are 5,000 children dying every month in iraq from malnutrition? check out [erols.com] the list of the top 30 atrocities of the 20th century, some of which are still continuing. And there's more that happens every day, in front of you, that you're too desensitized to look at. There's homeless [nationalhomeless.org] (up to 700,000 each night sleeping on the streets, begging for money during the day), and many others.
Just a reminder that perhaps you guys with your DVD players and 28" televisions and well paying jobs and 1GHz+ computers might want to step back and take it all in perspective.
And finally, talk is cheap. If you are seriously angered by this, that's GREAT, seriously, so do something about it. I don't agree with this type of legislation any more than you do, but yelling/overexaggerating about it on
Re:So why not just go "analog"? (Score:2, Insightful)
Findings? We don't need no steenking findings! (Score:2, Insightful)
Re:Deep pockets on both sides of this, which is go (Score:2, Insightful)
Unless they cut a deal with the MPAA, getting other concessions for their lack of opposition. Just think, the MPAA could ban all of those BAD foreign components that didn't have the joint CEIA/MPAA seal of approval, which takes many years of verification to receive due to its rigorous nature. Of course, American manufacturers (and their South Asian partners) get first crack at being tested.
Don't think something like this can happen? This is business. The electronics industry isn't in this for free speech or any other such ideological crap. As long as they can keep making a buck, they're happy.
Here is what's going to happen (Score:2, Insightful)
Do you wanna know what's going to happen? Big companies (like HP and IBM) will stop production and research activities in US. The money they spend today in americans university will be spent in other countries universities, like Brazil, India or China. In US there will be only the offices, all the production will be done in foreing countries or foreign countries.
The high-tech jobs will be discontinued, many will be fired out. All US will have to use Windows or OS/2 or another "new" OS that will probably be supported by the government.
The technology research will be affected, no company will finance a research, because most of the money will go to the lawyers' hands. Meanwhile in other countries, where is much easier to develop technologies, the big corporations will finance more and more resarches and will help the development of know-how all over the world (all over the world but in US).
The high geeks will leave US, the gurus will find better jobs in foreign countries, all technology production will leave US. Most of the FreeSoftware comunity will leave, and then, maybe one day, US will ban the internet.
Much more horrible things might happen, this is just a few reactions. Let's wait to see what will happen.
Maybe I'm beeing too pessimist, but at least 70% of all I have said will happen.
Re:And by your logic (Score:4, Insightful)
What happened was a govenrment elected by an increasingly disinterested populace. Officials placed by a minority of eligible voters who gave themselves the ability to be influenced by money (PACs, soft money, junkets, etc.).
More importantly, it was able to remain in place thanks to the load of sheep who continue to do nothing as long as they get their X-Boxes and Game Boys and Star Trek The Lamest Generation on the Dubba-Ya-Bee.
Not willing to fight for your rights? Then this is what you get. Even if you are willing to(in the US, anyway), not enough of your fellow non-voters are, so give up. You are consumers and will be treated as such. Hell, most of your countrymen are begging to be given the ability to trash a few more articles in the Bill of Rights in the vain hope that there'll never ever ever be another terrorist attack in the US ever again.
Don't like it? You're gonna have to give up more than your DreamCast, 187 channels and Double-half-decaf mocha-choco-frappaccinos now.
Experience says you won't.
woof.
Not only was I at "Ground Zero" NYC, I was near the Pentagon that Tuesday morning as well. Lost friends at both sites. Had to wait an extra week to get a guaranteed ticket back to Europe.
This is aimed at the average consumer (Score:5, Insightful)
Anyone who is ripping off and selling content in Volume won't be affected anyway. He is already engaged in criminal activity, using unauthorized soft/hardware is the least of his worries, and to believe this hardware/software wouldn't be available because of such legislation is just plain ridiculous. Probably directions how to remove the copyprotection will be available all over the net, like it was with disabling DVD-Region-Codes.
What is happening is, that the Record- and Movie Industries want their old business protected by laws. But the internet and the digital representation of content have already changed the world, and change always means hard times for established business, but it also means opportunities for new business. Adhering to the old ways means leaving out these opportunities, and if the USA as a country choose not to use these opportunities, they may find, that other countries are not willing to do so for the sake of Disney.
This is a lot like legislating that every car has to have a horse running in front of it after the event of the Otto motor, just to ensure, that all the industry around horses doesn't go out of business. I think even the USA can't afford to abandon the technological progress the new media will bring, and these laws will only help to establish the old industry for the next 10 years or so, at the cost of halting progress on that sector for about the same time.
Moore's Law (Score:4, Insightful)
Ever since a Federal law was passed in 1994 banning certain features in new or imported guns, there has been a brisk market in "pre-ban" weapons; expect a similar situation in the computer market.
This should be really fun when computers get fast enough to run virtual machines that can decode MPEG. How's the hardware going to tell if you're viewing restricted content when the viewing operation isn't even in the same machine code?
Re:The Sky is Falling.... (Score:3, Insightful)
Remember communism, anyone? (Score:3, Insightful)
Just about a decade ago, this was called "communism."
Re:What does the rest of the industry think? (Score:3, Insightful)
I'm not sure they'd mind terribly. They might figure that the SSSCA would expand the market for their government-approved AIX version. Likewise for Sun and Solaris. And here's a scary thought I just had: bytecode-based languages like Java could become a key tool for enforcement. Try to open an MP3 file, get a NoCopyrightAuthorizationException, and of course any tools which allowed you to directly access the bits on "your" computer would be illegal.
The one company I would expect to be 100% opposed to this is Apple. Their "digital hub" strategy is based on being able to freely move data between different devices.
I see a Future... (Score:3, Insightful)
What I see is a future in, say, 25 years, where I'm teaching my grandson how to disable the copy controls in our State-supplied EntBox so we can watch old DVD-format movies I had in the attic. I'm teaching him how to shield the GPS trackers in his car (serviceable ONLY at State centers) so he can go to Bible Study/IP Revolution meetings. I'm teaching him how to run an ancient PC we keep buried and wrapped in lead to prevent its detection.
Dammit, I should be teaching him how to fish.
Listen, I'm not a super-paranoid individual, but I honestly see the potential, years down the road, where we've lost our IP freedoms bit by bit until we don't remember what fair use was...
GTRacer
- I don't remember signing anything...
Re:As a German... (Score:4, Insightful)
I am a computer scientist and the owner of an IT company.
It has come to my attention that the United States have recently passed the Digital Millenium Copyright Act (DMCA), which - to summarize it broadly - makes it illegal to circumvent copy protection devices such as the DeCSS algorithm, used for DVD video.
As a result, many previously lawful uses of digital media which used to be considered "fair use" have been seriously restricted for average consumers in the United States. Despite the protests of computer scientists, media professionals and consumer groups within and outside the United States, these horrifying consequences of the DMCA have come in effect today and first arrests have been made against software developers who do research on decryption. Already, non-American computer professionals have begun avoiding visiting US conferences because their perfectly legal work at home is considered illegal in the US and may lead to an arrest there.
Now, the United States are preparing an even stricter law. The Security Systems Standards and Certification Act (SSSCA), proposed by Senator Fritz Hollings of South Carolina, will require all future "digital devices" to include a content control mechanism certified by the US government. This mechanism will allow the creators of audiovisual digital content to control when, where and how often a consumer may use digital media. As a consequence of SSSCA, un-certified hardware and software will become unlawful.
The implications of the SSSCA would be incredible. As an example, in a few years, a buyer of a DVD will not "own" the movie he bought, only the right to watch it a limited time. He will not be allowed to watch it outside his country's region (circumventing DVD region encoding is already semi-illegal under the DMCA today). "Fair use" for private, educational or research purposes will not exist anymore. Consumers will not be allowed to make backups of the digital media they own. And this is just the tip of the iceberg.
Building computers from scratch will be illegal. Research on these aspects in Universites and Colleges will be illegal. Open Source Software such as Linux, a primary part in IT education and a major force in the industry, will be illegal.
As a citizen of the Federal Republic of Germany, I should probably care less.
In fact, as a computer professional, I should even be glad that the US stifles innovation for its IT professionals, because it will help my country's industry to gain an advantage over US corporations. The combination of DMCA and SSSCA will seriously hurt the American IT industry and the American computer science education. The implications of these two laws are unconstitutional and will put lasting restrictions on the liberties of US citizens, who are the consumers of digital audiovisual media.
The German government has already made clear that it will not allow such restrictions to be imposed unto its citizens. Considering this, I'm glad not to live or work as a computer professional in the United States these days.
However, as a member of the Electronic Frontier Foundation, it saddens me to see the United States of America going this path into such a bleak future, taking essential liberties away from its citizens and putting full control into the hands of media corporations.
I urge you to oppose the SSSCA and I ask you to remove the DMCA, in the interest of US citizens and in the interest of the international community of computer professionals.
Sincerely,
Hanno Müller
Take a deep breath folks (Score:3, Insightful)
I recomend that slashdot have a counter going showing the amount of the bribes accepted by various senators from the media industry. And yes, they are bribes pure and simple.
Second point is that the IT industry can't comply with the bill if it wanted to. There are many working groups that have been developing DRM standards - MPEG, IETF-DRM, XACML and others. Lack of interest has not been the problem, the difficulty of converging the technology is very high.
In particular the incompetence of the USPTO which has granted thousands of spurious patent claims in the area prevents a workable agreement being reached. There are too many overlapping rights to build a workable system without a serious risk of being sued. This despite the fact that there is prior art for paractically all the technologies.
Legislative fiat will not speed up the technology efforts, in fact they will retard the process. The manufacturers know that if they call the studios bluff and refuse to agree that they can play out the end game in the law courts for decades.
The best way to derail the effort is by reminding congress of the lies they were fed to pass the DMCA. Even Orin Hatch has realized he was had. In particular the clause introduced by the recording industry that tried to grab the returned rights of recording artists was so eggergious that Congress repealled it without demanding fresh bribes.
Also the comparison should be continually to the demands made when recording technology first became mass market. The publishers fought to prevent cassette tape and the VCR from being sold - and lost conclusively.
At the end of the day the recording industry has nowhere near the influence of the computer industry. Quite a few computer companies have revenues greater than those of all the recording companies and film studios combined.
Congress is not about to severely damage its most successful industry by far in order to protect an industry that is far from struggling.
Re:Someone needs to right an advocacy howto on thi (Score:3, Insightful)
Other countries for engineers to move to (Score:1, Insightful)
<rant> Hollywood for the most part is a bunch of people who cannot produce anything of value and have long since forgotten about creative endeavour. When was the last time a good movie came out? They maybe produce one good film a year if they're lucky. Why protect anything these people produce. Who is watching it? If the American masses are more interested in this crap than their right to be free, then maybe it is time to leave. I am not going to buy anymore dvd's or cds, and I will never take my kids to Disneyworld.
</rant>
Re:Gawd. Get a freakin' grip on reality. (Score:3, Insightful)
You can say whatever you want anywhere in the world provided you don't say it out loud. Same is true here. We love to say we believe in free speech but after you've taken away speech that is politically incorrect, speech that might be interpreted as "terroristic", speech that violates the DMCA, and speech with obscenities there isn't much left worth talking about.
go whereever you want...
Who doesn't get to go where they want? You mean people who can't afford tickets? Well, the same is true here... if you can't pay your way, you can't go that way. Or do you mean free travel in the sense of not having to show "your papers." Have you flown on a plane anytime since TWA-800?
do whatever you want...
Can't smoke a doobie, can't grow a plant, can't treat myself for a disease I think I have with a medicine I think cures it... what the fuck are you talking about, do whatever I want, I can't do even the most basic of all things every organism since the beginning of time has been able to do, ingest the substance of my choice!
Talk to whoever you want...
Show me a country where this is restricted in a way that isn't over here.
marry whoever you want...
In most states I can't marry a guy if I'm a guy and a babe if I'm a babe.
Believe whatever you want...
If I keep it to myself, sure. Show me another country that's different.
Worship (or not worship) however you want...
Tell that to the native Americans or the Rastafarians, both denied sacraments they consider vital to their faith thanks to the war on drugs.
Have kids if you want...
I might be able to have them but there's no guarantee they won't be taken away simply because the state doesn't like my lifestyle. Happens all the time.
Not have kids if you want...
Yes, in America we have the right to not do things. Well, to not do everything but pay taxes.
Heck, if you're an IT guy, you're certainly not even trapped by more practical concerns like poverty.
No, it looks like if you're an IT guy you're going to be trapped by something far worse, your knowledge of technology that it appears the government is going to label verboten.
Sell it somewhere else.
Stupid people (Score:2, Insightful)