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Shocker: Despicable Conduct From Disney 428

An Anonymous Coward writes: "Phil Lelyveld, (email) a Vice President for Disney, has written to the FCC to tell them to ignore Digital Consumer's comments on the Broadcast Flag issue. The Broadcast Flag is an inter-industry conspiracy to turn over the keys to general-purpose computing to Hollywood studio execs -- under this proposal, no one will be able to ship digital television technology (like DVD recorders and FireWire) without Hollywood's permission. Lelyveld wrote to the FCC -- who are taking comments on the proposal -- without mentioning his day-job, to tell them that Digital Consumer, a civil liberties groups with more than 40,000 members, is nothing more than a "two dot.com millionaires" working to create a world "where we are all artist/waiters." Joined the EFF Yet? (or is it time to renew?) Update: 12/06 14:55 GMT by M : Lelyveld is not a lawyer. Here's a summary of his background.
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Shocker: Despicable Conduct From Disney

Comments Filter:
  • EFF (Score:2, Redundant)

    by zapfie ( 560589 )
    I made my donation to the EFF. Did you?
  • Legal virgins? (Score:2, Interesting)

    by MacAndrew ( 463832 )
    If you think this is despicable conduct from a lawyer ... you've never been to court!

    Ah, the stories I could tell...

    Anyway, not revealing the bias (I wouldn't elevate it to "conflict of interest") is marginal. But the FCC should evaluate the comment on its own merits, which is garden-variety badmouthing ... nothing new. OK, "should."

    I second the endorsement of the EFF ... but shouldn't we be above throwing money at a problem? ;-)
    • by Raiford ( 599622 ) on Friday December 06, 2002 @04:00AM (#4825187) Journal
      You know the comparison between the lawyer and a catfish:

      One is an ugly, scum sucking, despicable bottom-feeder and the other is a fish.

    • Re:Legal virgins? (Score:5, Insightful)

      by bakes ( 87194 ) on Friday December 06, 2002 @04:19AM (#4825262) Journal
      I second the endorsement of the EFF ... but shouldn't we be above throwing money at a problem? ;-)

      Especially when Disney/Fox/AOL-Time-Warner/etc have far more money than the EFF can rustle up. Don't get me wrong - the EFF is surely worthy of support - but you won't beat these guys at their own game.

      Write letters to, or telephone, the FCC and tell them what you want. Get petitions signed and send them in. Explain clearly and eloquently why you want the opposite of our good buddy Phil. Venting of the spleen usually accomplishes very little to further your cause, and can often prejudice people against your argument.
  • I just noted in the article headline, in focus on the "despicable conduct" of a Disney lawyer. Why is this any different that most other lawyers? Admittedly, the lawyers working for the EFF and ACLU are attempting to further human and consumer rights, but the lawyers of the companies are merely working to increase the power of the companies. It's the same either way. So ethics aside, don't necessarily chastise the guy for enforcing what he believes to be right.

    Anyways, just felt like saying that...

    • by Anonymous Coward on Friday December 06, 2002 @03:53AM (#4825157)
      For years, a large amount of Disney's revenue has come from dipping into the public domain, i.e. Cinderella, Snow White, Robin Hood, etc. If anyone truly understands the value of public domain, it is Disney. When it comes time for Steamboat Willy to enter public domain, Disney pulls out the pocketbook and buys itself some legislation.

      These lawyers aren't taking the initiative without direction. There have been numerous Disney lawyers doing this for the past thirty years.
    • by Alsee ( 515537 ) on Friday December 06, 2002 @04:15AM (#4825246) Homepage
      don't necessarily chastise the guy for enforcing what he believes to be right.

      Since when does what a lawyer says have anything to do with what he believes?

      -
    • by Anonymous Coward
      Yes yes, of course. Lawyers working for a mega-corp to decimate the existing usage rights of 300 million people are the Rosa Parks of IP. It's perfectly clear now: freedom, servitude, just two sides of the same coin, all one really.
      Ethics aside indeed.
    • by parliboy ( 233658 ) <parliboy@gmail . c om> on Friday December 06, 2002 @04:50AM (#4825370) Homepage
      I just noted in the article headline, in focus on the "despicable conduct" of a Disney lawyer. Why is this any different that most other lawyers?

      Point well taken. All Disney lawyers are considered dispicable. That extra adjective is duplicative.

    • by mpe ( 36238 ) on Friday December 06, 2002 @04:51AM (#4825374)
      I just noted in the article headline, in focus on the "despicable conduct" of a Disney lawyer. Why is this any different that most other lawyers? Admittedly, the lawyers working for the EFF and ACLU are attempting to further human and consumer rights, but the lawyers of the companies are merely working to increase the power of the companies.

      The difference is that those working for the EFF and ACLU are up front with who they represent.
      This lawyers is "astroturfing", with the added twist of calling any contrary opinion "astroturf".
    • At some point a person must stop just following orders of whoever is paying for his Mercedes and start doing what is morally right. Unfortunately a lot of these corporate lawyers don't see this.
    • Well, Disney are a pretty evil company, with plenty of allegations of using child labour to create those lovable, huggable, cuddly Mickey Mouse toys. I guess by letting the crowd know who he works for, it becomes more obvious what an asshole this guy is likely to be...

    • by TygerFish ( 176957 ) on Friday December 06, 2002 @09:12AM (#4825982)
      The actions of the Disney lawyer are despicable in that they demonstrate cynicism with regard to the public interest and genuine nastiness in his choice of tactics.

      The original posting poses a number of inner questions. Here are two:

      "Should a lawyer use misrepresentation to convince an organ of the federal government that a group of powerful companies should have control over an information technology to protect and enhance their markets? Is this good for everyone?"

      "Should one group of commercial concerns, owned by a tiny segment of the population--one percent? less?--enjoy the right to decide whether or not the general population (in the hundreds of millions) can buy an information technology?"

      If the answer to either of these questions is, 'yes,' then the idea is despicable--something that any decent person should view with contempt.

      If a Disney representative lied to an agency in an attempt to outlaw condoms because time spent having sex cost Disney market share, no one would be confused.
  • by klevin ( 11545 ) on Friday December 06, 2002 @03:22AM (#4825039) Homepage Journal
    Now, I'm not suprised to hear that one of Disney's lawyers (or any lawyer paid by a large corp/interest group/gov) would behave in such a way. That said, it'd be nice to see, oh, the email, or confirmation by someone who would know. I didn't see such material in any of the links in the article.
  • Applicable Quote (Score:5, Interesting)

    by Anonymous Coward on Friday December 06, 2002 @03:23AM (#4825045)

    There has grown up in the minds of certain groups in this country the notion that because a man or a corporation has made a profit out of the public for a number of years , the government and the courts are charged with the duty of guaranteeing such profit in the future, even in the face of changing circumstances and contrary public interest. This strange doctrine is not supported by statute nor common law. Neither individuals nor corporations have any right to come into court and ask that the clock of history be stopped ,or turned back, for their private benefit.

    I'm not sure who said it. But it sure does apply.

    Also,


    Q: Just a small detail....How do you propose artists, producers and promoters be remunerated for their efforts?

    A: I don't claim to know the answers. But one can at least say, however the market chooses to remunerate them. Look, technology was what enabled musicians to reproduce cheaply and for a mass market in a way that enabled them to make millions in the first place. Now, technology has made it so easy to reproduce stuff that there's no reasonable law that can be made to halt it being distributed freely. To me there's no normative conclusion to be drawn. It just is what it is. And I think it's not so bad.


    Same deal. I don't know who wrote it but it sure does apply :)

    • Re:Applicable Quote (Score:3, Informative)

      by Luckster7 ( 234417 )
      There has grown up in the minds of certain groups in this country the notion that because a man or a corporation.

      That's Robert Heinlein. You should try reading Stranger in a strange land or The moon is a harsh mistress. Heinlein's books carry the same intensity as the quote you used. Iron Maiden wrote songs titled after about both Stranger in a strange land and 666 the number of the beast.
    • Re:Applicable Quote (Score:5, Informative)

      by Paul Menage ( 36554 ) on Friday December 06, 2002 @04:37AM (#4825322) Homepage
      There has grown up in the minds of certain groups in this country ...


      I'm not sure who said it. But it sure does apply.


      A judge in Robert Heinlein's short story Life-Line. It's part of the Future History series, and anthologised in various places, including The Man Who Sold The Moon. It's talking about a scientist who's created a machine that will tell you the precise moment of your death, and he gets sued by a bunch of life insurance companies, since by consulting him, people know exactly when to start investing in life insurance policies ...

      (Oh, and the original doesn't appear to have the words for their private benefit at the end.)

    • by opencity ( 582224 ) on Friday December 06, 2002 @04:49AM (#4825365) Homepage
      There has grown up in the minds of certain groups in this country the notion that because a man or a corporation has made a profit out of the public for a number of years , the government and the courts are charged with the duty of guaranteeing such profit in the future.

      The same could be said about oil and munitions.

      But one can at least say, however the market chooses to remunerate them.

      As a tech-savy musician, I saw Napster coming way ... uh ... back in the day. I also know a lot of roadies, audio techs and graphics people that get a lot less work lately. Music was over valued, now it's going to be undervalued. If you build castles made of sand, don't complain about the tide

      Today I saw a promo on TV about guys who had big time tech jobs and were now delivering pizza. Internet skills were over valued, now they're going to be undervalued. How many programmers does the world need? Labor is always devalued systematically, and US and Euro tech workers are now going to compete more and more with an entire world of poorer people


      First they came for the Jews
      and I did not speak out
      because I was not a Jew.
      Then they came for the Communists
      and I did not speak out
      because I was not a Communist.
      Then they came for the trade unionists
      and I did not speak out
      because I was not a trade unionist.
      Then they came for me
      and there was no one left
      to speak out for me.

      Pastor Martin Niemoller
      • by ginbot462 ( 626023 ) on Friday December 06, 2002 @11:57AM (#4826932) Journal
        When they took the fourth amendment, I was quiet because I didn't deal drugs.
        When they took the sixth amendment, I was quiet because I was innocent.
        When they took the second amendment, I was quiet because I didn't own a gun.
        Now they've taken the first amendment, and I can say nothing about it.
    • by grahamm ( 8844 )
      Another question to ask is "How were artists, composers and performers renumerated prior to the advent of the recording industry?".

      There is no shortage of music (though, of course not audio recordings) dating from before the record industry so I am certain that music and other entertainment arts would survive (in a changed form) the demise of the current record and movie industries.
  • Lawyers (Score:5, Funny)

    by SemiBarbaricPrincess ( 575180 ) on Friday December 06, 2002 @03:24AM (#4825047)
    You gotta love lawyers.
    But consider the alternative; if we don't keep lawyers busy they become politicians. *shudder*
  • by Blackknight ( 25168 ) on Friday December 06, 2002 @03:25AM (#4825049) Homepage
    I would love to live in a world where everybody is an artist. No more megacorps to dictate what gets published and where, or how movies are made.

    This is a good thing.
    • by Xandis ( 90167 )
      Go to France; megacorps do not have the same influence on what movies get made...the government provides significant funding for artists to do their thing. Compare what comes out of France versus USA. The result isn't any better, imho, just different. Nice to have both countries doing different things and providing balance.

      Also, to be fair to the USA, the independent movie scene is getting better quality-wise and funding wise. The future is bright for the artistic film scene.

    • Trust me, you don't want me to be an artist...
  • by drom ( 26464 ) on Friday December 06, 2002 @03:27AM (#4825058) Homepage
    Where exactly is proof that this really happened? All I see is a bunch of links to digitalconsumer.org, some government sites, and nothing substantiating any email from anyone.

    Don't get me wrong, I dislike the MPAA as much as the next guy, but still, this is pretty unjournalistic. Even submitted by an AC? With email on the frontpage of /.? Looks like someone has a bone to pick with this guy.

    --
  • Disney (Score:5, Insightful)

    by Tempelherr ( 559964 ) <thunder35&hotmail,com> on Friday December 06, 2002 @03:28AM (#4825061) Homepage
    Well, apparently Disney and Hollywood itself seem to have the ultimate goal of controlling the consumers and their end of it and more. The amount of time and money spent on all of that must be exhorbitant.

    Just think...if just half of their effort that was spent on influencing government regulations were focused on truly making artistic/good movies, think of the truly creative products they could come up with, isntead of rehashing old ideas. Especially with Disney's latest movie, which did rather horrible at the movies. I can see why.

  • Surprise, surprise (Score:5, Insightful)

    by Evil Adrian ( 253301 ) on Friday December 06, 2002 @03:28AM (#4825062) Homepage
    I'll probably get trolled for this... but c'mon, folks, the whole attitude in the United States is "ME! ME! ME!" and people will get what they can, however they can, and the more they get, the more they can rationalize and justify putting any ethical considerations aside.

    So who's surprised that a big company like Disney is sending some fucking lawyer to do clandestine dirty work for them in the name of profit?
  • hmm (Score:5, Funny)

    by hawkedwards ( 562098 ) <hawkedwards@hotm[ ].com ['ail' in gap]> on Friday December 06, 2002 @03:29AM (#4825065)
    "two dot.com millionaires" Are there that many left?
  • Lelyveld's comments (Score:5, Informative)

    by Anonymous Coward on Friday December 06, 2002 @03:29AM (#4825067)
    Lelyveld's comments can be found here [fcc.gov].

    Here's the text:

    DON'T SELL OUT TO MILLIONAIRES CLAIMING TO REPRESENT THE PEOPLE

    ! DigitalConsumer.com is two dot.com millionaires claiming to represent "the people." They represent nothing more than a free website. We need the Broadcast Flag in place so that REAL PEOPLE who spend their lives creating content can work in a sustainable business environment where they can get paid for their work. We do not want to live in the world DigitalConsumer.dot is trying to create for us, where we are all artist/waiters.

    Please SUPPORT the broadcast flag effort.

    Phil Lelyveld

    • This is even worse than I gave the OP credit for! This letter could lead to the next Nuremberg trials! Bigger than the Pentagon Papers! The smoking gun!

      What is this crap? Score -100; Improvidently Posted Article
    • That's still not enough to really hang him on. As with the other public comments about the MS case, anyone could write the fcc claiming to be "Phil Lelyveld."

      It's not quite the same as the original link implied it to be either, but still pretty bad.

      I think the best thing to do is continue to vote with your wallets. Like the whole Paladium thing, no technology like this will be approved if EVERY congress-critter knows that ALL the people in their districts will not be buying it.

      They'll get this information from the lobbyists from Good-guys and Comp-USA.....business get's the picture pretty fast. There's also no way that all the players necessary to make this happen are gonna hold together against determined consumer resistance, somebody is gonna crack in the face of "lackluster sales."

      Just don't buy it....ever!...under any circumstances......
    • by StrawberryFrog ( 67065 ) on Friday December 06, 2002 @07:51AM (#4825798) Homepage Journal
      The text says DON'T SELL OUT TO MILLIONAIRES CLAIMING TO REPRESENT THE PEOPLE

      That would also do well as an anti-Disney, RIAA, MPAA etc. slogan.

    • by imadork ( 226897 ) on Friday December 06, 2002 @10:07AM (#4826246) Homepage
      DigitalConsumer.com is two dot.com millionaires claiming to represent "the people." They represent nothing more than a free website.

      Now everything makes sense! In our Capitalist society, everything that's Free is Devoid of Value. DigitalConsumer.com is "nothing more than a free website", after all. People who offer something for free can't possibly have an intelligent opinion, or else they'd be using their intelligence to make more money!

      I hope we all appreciate the humor in criticizing a site which claims to represent "consumers" for being free (and not offering something overpriced for consumers to spend money on...)

    • by twitter ( 104583 ) on Friday December 06, 2002 @12:46PM (#4827321) Homepage Journal
      When he says, "We do not want to live in the world DigitalConsumer.dot is trying to create for us, where we are all artist/waiters." He really means it. Phil Lelyveld would hate to have a real job and do things for people. He does not want to live in a wold that does not sustain his and a few select others ability to rape everyone else.

  • by stevezero ( 620090 ) on Friday December 06, 2002 @03:29AM (#4825068)
    http://gullfoss2.fcc.gov/cgi-bin/websql/prod/ecfs/ comsrch_v2.hts

    it's in PDF Format

  • by Darkforge ( 28199 ) on Friday December 06, 2002 @03:33AM (#4825074) Homepage
    As others have commented, the story submitter provided no links to the offending document; no evidence that Lelyveld has written anything despicable to the FCC.

    Interestingly, Google has (as of yet) no mention [google.com] of the phrase "where we are all artist/waiters."

    Are we supposed to believe that the story submitter a whistleblower of some kind? Or what?

  • What's next, a bill that will force us to go to the movies once a week?

    I don't mean to sound like a troll, but for christ sake this is absolutely rediculious, why are we letting the enterainment industry push us around? We as an industry (computers) are *way* bigger then them. :-(
    • look in the mirror (Score:4, Insightful)

      by djupedal ( 584558 ) on Friday December 06, 2002 @03:44AM (#4825117)
      Every time you pay $12.98 for a music CD you tell them you approve of the way they act.
    • We as an industry (computers) are *way* bigger then them.

      Unfortunately, that doesn't hold true. The entertainment industry has grown *dependant* on computers, but absolutely DWARFS the tech industry for overall profitability.

      People like computers. Take them away, and they complain. People (believe they) NEED "bread and circuses", however. Take the circuses away, and expect all-out rioting in the streets.

      Not sending email to grandma and access to endless free porn, vs actually having to spend time with people in a (gasp!) *interactive* manner? How barbaric.

      I agree with what I perceive as your point, though. Hollywood can't screw us (the general "us") without our (the specific computer-related "us") help. But it only takes a few traitors to all of humanity to screw the rest of us. And offer enough money, and *someone* will do the job even against their morals.

      Sad, but true. We just have to keep fighting for sanity, and when things look bleak, take some solace in the fact that anything they come up with, we can get around. ;-)
  • Digital Slaves (Score:5, Insightful)

    by katalyst ( 618126 ) on Friday December 06, 2002 @03:35AM (#4825085) Homepage
    What's happening to this planet ?
    (1) You can't buy a cd/dvd/firewire product w/o permission.
    (2) Taxi drivers have to pay royalty if their passengers listen to radio.
    (3) New audio cds which will not work on standard audio equipment, but only on PCs with security locks.
    (4) The DMCA which just abt doesnt let you comment/work on any digital product.
    (5) Billing Kazaa users - no small amounts either
    (6) MP3 compression usage now demands a royalty fee.(br) These people seem to be forgetting that they exist because of us, the customers. And they are trying to upset those very people that help them stay in business. These guys are trying to push us into a corner and will probably start charging us for the air we breathe... soon. It disgusts me, and OPEN SOURCE makes all the more sense to me. Looks like there is gonna be a war... on intellectual property and rights.. soon.
    • Yes, there will be a war. When the execs figure out they cannot hold consumers hostage directly, they'll start charging other people more (like movie producers, when they want to license a track, live events, etc.) At some point, the content owners will price themselves out of whatever little market there is left. When that happens, those divisions will go under, and many fat-cat promoters, managers, lawyers, and other assorted corporate groupies from that division will be cut loose to sink or swim with the rest of us.

      The only problem is whether or not the "reforms" they use to bludgeon the rest of the world into accepting ever more restrictive products are codified into permanant land-mines, which will serve to destroy fair use - or any use, for that matter. We know those music divisions are going under. They know it. We might as well act preemptively and:

      #1. Get a law passed to enforce mandatory licensing.
      #2. Restrict the length of copyright to lifetime of the creator, plus 25 years, or 75 years for a corporation.

      That way, the industry lawyers are tied up trying to undo our legislation, rather than the other way around.
    • Looks like there is gonna be a war... on intellectual property and rights.. soon.


      Well, there is a war, not between intellectual property per se, but the misappropriation thereof, and our rights.

    • Re:Digital Slaves (Score:5, Insightful)

      by Martigan80 ( 305400 ) on Friday December 06, 2002 @05:02AM (#4825408) Journal
      These people seem to be forgetting that they exist because of us, the customers

      Interest groups, that's all it is. These businesses are interest groups with a hell of a lot of money to get the government to see things their way. There are barely any interest groups for consumers. Do you know why?

      People just want to bitch a little and that's it. It takes the average Joe/Jane too much time to get active; they would rather sit down and surf, watch TV, or even just vegetate rather than driving somewhere for a meeting or to even write a damn letter. I bet more than half the people here will bitch all they want, mod people up or down-but writing a letter takes too much time. This is where abrasive idealists like Stallman come in trying to rally up the masses and get moving. If you look at it we are an interest group here, how many people are here? I'm sure there are enough to really get some things done if we just banded together and tried it out, hell we can see how fast we can bring down a web site after the article is posted, just imagine if we did this on a constant basis.

      Ring-ring-ring-ring.....OH crap I'm late for work.....clunk!
      • It takes the average Joe/Jane too much time to get active

        Indeed it does. One of the tennants of political science theory (rational choice theory iirc) is that being active in the political process, as a rule, gains you nothing. It isn't rational . Your one vote doesn't count, your one letter doesn't count, you don't have much influence, if any, on politics. And, for that matter, politics on the whole doesn't effect your daily life enough to make it rational to participate and, for all intents and purposes, waste your time.

        What you are looking for, and a lot of people, is when it starts effecting peoples lives enough that it becomes rational, and therefore productive, to actually participate in the political process. When a group of self declared nerds won't take the time the participate - i.e. isn't productive enough for their time - why would the general populace care?
        • Your one vote doesn't count, your one letter doesn't count, you don't have much influence, if any, on politics. And, for that matter, politics on the whole doesn't effect your daily life enough to make it rational to participate and, for all intents and purposes, waste your time.

          But that right there is the whole thought of it all, most people are naturally pessimistic and believe their vote does not count, and in an American typical electoral system it make's it even more so the fact, but if they band together those 3000 all of a sudden can have a united voice which is more than there is now. But say one of those decides to quit, you left with 2999, big deal right? Well slow leak that and in one month you can have 1000 left. Besides being active for something just takes a few minutes, like the couple of minutes to read this, people just chose to do something else. It comes down to choice-and most people choose to bitch rather than make a difference. As a matter of fact that's what I'm doing right now, bitching about other people bitching when I could be writing another letter.

          Ciao.

      • by El Camino SS ( 264212 ) on Friday December 06, 2002 @10:27AM (#4826344)
        they would rather sit down and surf, watch TV, or even just vegetate rather than driving somewhere for a meeting or to even write a damn letter. I bet more than half the people here will bitch all they want, mod people up or down-but writing a letter takes too much time.

        Have you ever thought that the public may not have the same issues as you do? I mean, there are a lot of more important issues in the world short of copyright infringement and the DMCA. I mean there is a whole world out there. You pessimists really think that the public is going to rush out and do all the things these lawmakers and their ridiculous rules tell us to do?

        Simply put, most families are a tight rope act. Most people don't have the time to do much besides keeping that ship afloat.

        Good luck. Most people have a heavy job responsibility, and a kid or two. It takes all of their time. AND I MEAN ALL OF IT. So the next time you think that the public doesn't care about issues, watch the ratings for the nightly news, Bill O'Reily, and CNN.

        Don't assume they are idiots. It is not a crime to be a conservative or a liberal. It is not an assumption of someone's stupidity because they don't know DMCA rules implicitly. The public is not brilliant, but here in America, it is not dumb enough to believe everything it hears on TV, or from some corporate attorney.

        Although many of you very vocal, very young ctivist types think we are all losers and you alone can save the world, TRUST ME ON THIS ONE: You will soon see the truth about all of this.
        The public truly knows which end wags the dog, and who all of the bastards really are. Go ahead, take away all of our rights, see what happens in America.
        • by Martigan80 ( 305400 ) on Friday December 06, 2002 @10:49AM (#4826481) Journal
          So the next time you think that the public doesn't care about issues, watch the ratings for the nightly news, Bill O'Reily, and CNN

          So who do they actually poll? Is it a truly diverse crowd? Then again do you see any other news besides those, and please don't tell me that FOX is a good news source, they are the WWF of News.

          Don't assume they are idiots

          Never have I made such an assumption. Ones choice of lifestyle does not qualify them as an idiot.

          And yes your are totally correct about saying many people are having a hard time trying to make ends meet, but then I see so many people running up credit cards, renting lots of movies, drinking with the friends, and so much more so there must be some money and time somewhere. But I believe that you point about not having time to care is absolutely true. Everyone decides what gets their time and attention. My point was that a lot of people claim they don't even have five minute to write an email, but they have a couple of our to go out with friends or family. I was not saying to rip your life apart and totally dedicate to a cause that is just plain useless, instead just take five minutes here or there and write a letter read sometime, voice you opinion at the right place. Just to make a little change takes a little change not one dramatic change for a week or a month and then revert back.

          My intention here was not to offend anyone, even though I obviously have, but just to make people realize that all the time they are spending complaining on the phone, to friends, to newsgroups, and where ever else; they could focus that energy directly towards the cause of their frustrations.
    • What's happening to this planet ?
      (1) You can't buy a cd/dvd/firewire product w/o permission.
      (2) Taxi drivers have to pay royalty if their passengers listen to radio.
      (3) New audio cds which will not work on standard audio equipment, but only on PCs with security locks.
      (4) The DMCA which just abt doesnt let you comment/work on any digital product.
      (5) Billing Kazaa users - no small amounts either
      (6) MP3 compression usage now demands a royalty fee.


      It isn't all bad news... Consider:

      (1) No one's passed a law enforcing your #1 yet... just having hearings.
      (2) You can have a quiet cab ride in Finland.
      (3) You can download music and do away with physical media altogether.
      (4) You could move to Finland ;-)
      (5) gnutella is free (and better)!
      (6) Two words: Ogg Vorbis.

  • What? (Score:2, Insightful)

    by Anonymous Coward
    Shocker: Despicable Conduct From a Disney Lawyer

    Okay, maybe if this guy was screwing his dog, or locking his children in his basement, or running a spam operating out of his garage, I could understand calling it "despicable conduct". But what is this guy doing, really, other than his job?

    Is this somehow unexpected?

  • by USC-MBA ( 629057 ) on Friday December 06, 2002 @04:04AM (#4825199) Homepage
    For those of you wondering what the "enemy's" take on all this is, the MPAA's site has their description of Broadcast Flag here [mpaa.org]. My favorite part:
    "It is unfortunate that some people may attempt to illegally hack or break into this security system. However, even if a few are successful, the flag will not be worthless. Most people are honest and will not attempt to circumvent the flag. We are hopeful that the broadcast flag will enable content providers to release more of their programming in HDTV format and drive the market forward providing new options for consumers. Consumers should not lose out just because there is threat against the technology"
    As if Broadcast Flag existed to benefit consumers instead of purely protecting the interests of media corporations.

    The problem faced by the EFF and like organizations will be convincing the public that they are not a bunch of .mp3-trading IP thieves. They are up against the deep, deep pockets of the entertainment industry, and faced with a credulous public which, as a rule, follows blindly along with the flashiest commercials (or most effective marketing campaign, as we were taught in b-school). I sincerely hope the EFF will be able to put a responsible face on digital copying and fair use issues, and will not end up looking like amoral war3z kidd33z

    • by Kiwi ( 5214 ) on Friday December 06, 2002 @05:49AM (#4825519) Homepage Journal
      The problem faced by the EFF and like organizations will be convincing the public that they are not a bunch of .mp3-trading IP thieves

      Actually, I am getting the sense that Slashdot is becoming more and more dominated by mp3 traders who spout empty slogans like "Information wants to be free" or "Oh, I don't like the cost of CDs, so it's perfectly OK for me to copy them and share them with all my friends".

      The problem with these kinds of people is that it is obvious that such people are really not concerned with the people who make the music in question; they are only concerned about getting the fruit of those people's labor at the lowest possible cost.

      When comments like this [slashdot.org] get moderated down, I know too many people who blindly support self-serving file trading and have no consideration for the people who actually make the music are becoming moderators.

      Let me put my position out there: I am opposed to any type of software piracy. I think Microsoft software costs too much, so I use Linux. I think most CDs cost too much, so I go over to mp3.com [mp3.com] or buy the RAP CD [hoohahrecords.com] ($15, 4 CDs full of music) instead of buying mainstream music. I think most movies and TV suck, so I only watch movies or TV as a social gathering. Instead, I hang out with college students or go online.

      Yes, I am opposed to legislated technological solutions because they make anyone with a digital recorder guilty. The RIAA's efforts of 15 years ago, which created the HRRA, killed the DAT audio format. I am sure that the RIAA, unfrettered, would destroy the PC revolution.

      - Sam



      • You make some good points, and, even though I disagree with your fundamentals, they are honest.


        However, there is one aspect that's often disregarded; it's that of quashing competition from free/sources using legal means.


        Exactly the alternatives you subscribe to, such as using free software and buying non-mainstream music, are fundamentally threatened by commercial moves to technically and legally regulate how we consume information.


        I realize that this is taking the slippery slope argument ad absurdum, but I can easily see something like broadcast flags (among other legally mandated means of content regulation/control on hardware devices--imagine that!) eventually leading to a world where I am prevented from consuming exactly those alternatives.


        No, I do not own a DVD player, yes, I run FreeBSD, yes, I buy (mainly older and used) CDs--but what if I'm no longer allowed/able to access my entertainment because, say, new CD copy protection breaks my old bookshelf system, my PC doesn't work with my cable modem provider anymore because they require access to check my OS, and my (little-used) TV doesn't let me access even broadcast shows anymore because (a) free TV has been forced into some sort of content protection scheme which doesn't work on my old box?


        Great prospects..

      • people are really not concerned with the people who make the music in question; they are only concerned about getting the fruit of those people's labor at the lowest possible cost


        That's entirely true about me. I'm not concerned either with the people who make clothes, cars, food, etc, my only concern is getting those products and services at the lowest possible cost.


        On the other hand, artists aren't concerned about us, either. Their only concern is selling the fruits of their labor at the highest possible price. The problem with "piracy" and DRM comes from this conflict: artists and media companies value the artists' creations more than the public does.


        I have met a few musicians, I have had music lessons from professional musicians. I paid for those lessons. I agree that musicians are entitled to earn a living, like any other worker. However, I have never met a published musician who was poor. And the richest artists, who sell more records, are exactly those whose work is most pirated. The bottom line is that "pirating" music works more as advertising for the artist than as stealing music.

    • by evilviper ( 135110 ) on Friday December 06, 2002 @09:53AM (#4826170) Journal
      Most people are honest and will not attempt to circumvent the flag.

      That's the best quote I've heard in some time!

      So the flag is not a barrier to those that are doing the hard-core copyright infringement, but only impeeding on fair use by average consumers.

      I'd like to see MasterLock try to get away with that! "Sure this new lock of ours can be opened in 2 seconds with no effort, but most people won't even TRY to open it."
  • For those of you who are puzzled and don't know what email the post is referring to, please check this [fcc.gov] out
  • Email I sent to phil (Score:4, Interesting)

    by Nept ( 21497 ) on Friday December 06, 2002 @04:15AM (#4825247) Journal
    Hey Phil,

    In reference to your email archived here
    http://gullfoss2.fcc.gov/prod/ecfs/retrieve.cgi?na tive_or_pdf=pdf&id_document=6513391182 [fcc.gov]
    regarding your remarks about DigitalConsumer:

    [quote] They represent nothing more than a free website.[/quote]
    vast majority of websites are free. CNN is a free website for example. So is NY Times and BBC. Heck, even the FCC is a free website. If by free you mean non-profit, I can't see what there is too demean about that. Of course, I see the point you're trying to get at. You'd like everything to be corporate/controlled by big business and nuts to the little guy, or in your words "sustainable". If all REAL PEOPLE wanted what you want, why does Disney et al have to fight so hard (and underhandedly) to get their legislation passed?

    [quote] We do not want to live in the world DigitalConsumer.dot is trying to create for us, where we are all artist/waiters [/quote]
    so...the site is run by 2 .com millionaires but they want everyone to become artists/waiters? Can you explain this bit of logic to me? The difference between a waiter and a millionaire .... seems vast. Almost as vast as the difference bewteen an artist with soul and a lawyer without.

    DON'T SELL OUT TO LAWYERS WHO NEGLECT TO MENTION THEY REPRESENT VAST CORPORATE INTERESTS!

  • his email (Score:5, Funny)

    by sPaKr ( 116314 ) on Friday December 06, 2002 @04:18AM (#4825252)
    Mmmm.. I LOVE the SMELL of FLAME war in the Morning. Posting his email address.. nice touch.. ssshh...."What was it?", "A disturbance in the network.. it felt like a 100,000 flames hit a Disney lawyers mbox.. and then silence"
  • Look! He admits it! (Score:5, Informative)

    by knodi ( 93913 ) <softwaredeveloper@gma i l . c om> on Friday December 06, 2002 @04:42AM (#4825340) Homepage
    I quote
    In my spare time, I monitor the web for new technologies and trends, track the goings-on of many 'consumer advocate' groups, and quietly work with my compatriots on proposals to create the entertainment industry of the future.
    Sound shady? Nah... Who could mistrust a proud member of the Rockland High School Academic Hall of Fame? Hey everybody, sign his guestbook @ http://www.ryze.com/view.php?who=pblelyveld His job at disney is not as mere IP attorney. He's actually the VP of Digital Industry Relations. I agree it's unethical not to mention your affiliation like he did, but read his job description of his first position at Di$ney
    Lelyveld joined Disney in 1997 as director, Digital Industry Relations. In this role, he worked with the company's business units on a wide range of initiatives in advanced television, digital cinema, emerging media and
    content protection.
    This guy's not a flunky or an overzealous marketeer (like mouseketeer? hah!). He's a professional. (last quote from http://laughingplace.com/News-ID10005230.asp)
  • Hold out for the billionaires claiming to represent the people!

    We do not want to live in the world where we are all artist/waiters... the copyright lawyers would never get tipped!

    --a former artist/waiter
  • by geoff lane ( 93738 ) on Friday December 06, 2002 @04:50AM (#4825368)
    All the media companies are facing a horrible prospect - no longer can they control the path between the artist and the public. If they don't
    learn to cope with the new world they will die.

  • Laissez Faire (Score:4, Interesting)

    by cheshiremackat ( 618044 ) on Friday December 06, 2002 @05:14AM (#4825434)
    Ok ... this could be Karma suicide (flinch) but I think /.ers need to examine the strategy everyone here seems to support. Everyone agrees that the MP/RIAA and the media co's are pushing IP law to the limits... I agree, but I think the strategy of stopping _every_ attempt as soon as it pops up is futile... Simply put, they have deeper pockets than we collectively do, and they certainly have better representation both legally and politically... I AM NOT ADVOCATING rolling over and playing dead, but I am advocating passive resistence... I think the mainstream computer user does not understand what the media companies are attempting to do...and I also think their efforts will be useless... Consider the advertisements that the computer field uses to attract new companies..."buy a new P4 to download music"... "use XP to edit video"... "get broadband to speed downloads of music and video"... I want to know what happens when Joe User tries to do any of the things that are advertised... buy a CD from bestbuy and you cannot play it on your computer? I bet the CD gets returned... rent a DVD and cannot play on computer?... complaint to Custserv @ blockbuster... download music and it won't play on another computer, AND you just paid full frieght? I WANT to see the media co's get what they want... their sales will tank... who will buy a CD they can only use in one device? Remember all the grumbling when CD's came out (now I have to buy all new CD to replace my cassettes), Atleast the sound was better... a DRM CD only benefits the media co's... nobody will buy it... I forsee two outcomes to passive resistence. Firstly, the media co's will go to far and the gov will react when Joe Consumer feels he is getting ripped off... the gov likes to act fast when ALOT of people are watching (not just a few thousand geeks)... Secondly, the harsh DRM/palladium regime will create oportunities for new players... everyone on /. seem to hate M$... so screw 'em... they get to close to the MP/RIAA then someone (linus/India/ Lik Sang) will step in to offer people what they want... Remember information wants to be free, and consumers always prefer the *easiest* solution... someone will step in to offer a better solution... To conclude, I am only suggesting the /.ers who understand what is going on, to inform as many 'average' computer users how to use the technology the media co's want to stop... hate the RIAA??? teach someone to use KAZAA or limewire... I would like to see the RIAA/MPAA ask users to pay in the U.S> like they did in Denmark... how many calls to congressmen would that generate? C'mon Hilary... I DARE YOU... Average users will be pissed when P2P gets shut down...don't buy DRM products... import the non DRM one (Gabriel in the EU for instance)... the more the average user gets used to certain technology the more they feel they are entitled to it... (flinches as he hits submit)
  • I really doubt that this is very uncommon. I'm sure whenever the government asks for public opinion on if or not they should do something that will affect a big business, that big business has people "pose" as ordinary citizens to try to sway government perception.

    Personally, I don't understand why the government feels the need to interfere with the market in this way. They already interfere TOO much. While it certainly doesn't sit well with me that big corps want to promote this sort of thing, it pisses me off even more that the government is even considering regulating it.
  • by Effugas ( 2378 ) on Friday December 06, 2002 @05:31AM (#4825472) Homepage
    Here's the thing, folks.

    Broadcast is good, right? And the flag is GREAT! So, the Broadcast Flag sounds all nice and wonderful. You have to be technically aware to realize what it is:

    VCR Poison. One swallow of tainted material, and everything dies.

    The FCC is being asked to mandate that every VCR dutifully swallow any poison sent by a content provider. To refuse the poison would carry large fines and possibly jailtime. And the poison is cheap! The only cost would be a single switch:

    Kill VCRs? ( ) Yes ( ) No

    It's Just That Simple.

    It's not "The Broadcast Flag". It's VCR Poison, and the FCC is deciding whether or not to allow it. This is still a democracy, folks -- what do YOU want?

    Yours Truly,

    Dan Kaminsky
    DoxPara Research
    http://www.doxpara.com
  • by jms ( 11418 ) on Friday December 06, 2002 @08:29AM (#4825877)
    It wasn't mentioned in the article, but the comment period ends TODAY, Dec 6th. It was originally supposed to end on October 30th, but was extended to today.

    If you want to submit your opinion to the FCC on this matter, and have them read and consider it, today is your last chance.

    The digitalconsumer web page for sending comments is here. [digitalconsumer.org]
  • by jht ( 5006 ) on Friday December 06, 2002 @09:30AM (#4826060) Homepage Journal
    I just submitted this via the ECFS system - the docket number for this comment request is 02-230 for those interested in filing their own comments. They have to be in by today.

    Today, Americans have the unhindered ability to view their programming of choice. Whether viewed over-the-air, through a analog or digital cable system, or through a satellite receiver, they can watch what they want, transfer it to a recordable medium (be it VCR, DVD, or the newer PVR systems like TiVo), and archive it. They can use this recording for purposes of time-shifting, or for viewing repeatedly at a later date, or they could even (if they use recordable media) share the recording with a friend.

    Existing copyright law prohibits the commercial use of these recordings, and payment mechanisms are in place already for the legitimate commercial use of recorded media.

    My point here is that there _is_ no "analog hole", nor is there a significant threat inherent to the conversion to digital broadcast streams from the current analog system. All I, as a consumer, am looking for is the exact same ability to archive and time-shift broadcast media that I have today. No more, no less. It is merely a benefit that media will become digital in nature - it makes it easier for me to exercise my rights as a citizen and a consumer.

    Media companies, with their emphasis on copy prevention, are trying to create a problem that doesn't really exist in the mainstream today. Today, in the analog world, it is already trivially simple to pirate movies or television for non-legitimate commercial use. Yet that ability has not materially harmed the broadcast industry or it's revenues. Instead, the threat to broadcast companies has come from the fragmentation of traditional media into hundreds of specialty broadcasters, each of which now appeals to a smaller, more specialized audience. Until ESPN, for instance, all viewers had to get their sports coverage from the networks. As ESPN has thrived, networks have scaled back on their sports coverage, and multiple other sports networks have emerged, on both the national and regional scope.

    This same principle applies to almost any special interest today (the Golf Channel, HGTV, Food Network, TLC, Discovery, to name just a handful). This fragmentation is seen by most to be a good thing for the consumer and for the industry as a whole. Yet it's the biggest single threat to the largest broadcasters. However, we don't see any legislative or rule-making effort targeted at trying to eliminate the diverse competition. Digital television is exactly the same. Restricting usage and recording rights will only slow the adoption of digital TV by the American consumer, and circumvention (legal or otherwise) systems will rapidly appear. The industry's proposals will only have the effect of making the normal, expected behavior of nearly 300 million television viewers illegal. That's just wrong.
  • by Arcturax ( 454188 ) on Friday December 06, 2002 @11:27AM (#4826713)
    Dear Mr. Lelyveld,

    I wanted to write in support of your efforts to silence the little people and crush their rights and lives under your corporate bootheel. You are doing a fine job in helping to create more misery on Earth and I so enjoy seeing that.

    To give you further incentive to continue your good work, I wanted to let you know that when the time is right, I have a special reward for you here in my own land of fun. I can assure you it is far more interesting than that Disneyland park you use to coerce the children into making their parents give away money that could have been used to educate them better. I have some very special attractions lined up for you and some of my best personal servants lined up to service you upon your arrival.

    So keep fighting the good fight and don't let those miserable little louts get the upper hand. Remember that you are earning a most delightful place at my feet when your time comes.

    Sincerely,
    The Devil

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