Become a fan of Slashdot on Facebook

 



Forgot your password?
typodupeerror
×
News Your Rights Online Technology

Digital Media Consumer Rights Act 156

irabinovitch writes "Representatives Rick Boucher and John Doolittle introduced the DMCRA which would to quote the EFF would "require labelling requirements for usage-impaired "copy-protected" compact discs, as well as several amendments to 1998's infamous Digital Millennium Copyright Act (DMCA)." We always seem to complain about the DMCA around here now is our chance to change it! Check out this "Action Alert" at the EFF."
This discussion has been archived. No new comments can be posted.

Digital Media Consumer Rights Act

Comments Filter:
  • by Da Fokka ( 94074 ) on Monday February 03, 2003 @07:02AM (#5214392) Homepage
    It is good to see that at least some U.S. politicians are trying to protect the right of the consumers.
    I'm happy to say that in Holland, policies are a bit more consumer-centered.
    • by JaredOfEuropa ( 526365 ) on Monday February 03, 2003 @09:01AM (#5214723) Journal
      Actually Holland has a long and dismal history of protecting all sorts of cartels and anti-consumer practices, with affected markets ranging from telephony and books to odd things like prayer candles and onions. It has only been a few years since the Nederlandse Mededingingsautoriteit [nma-org.nl] (the Dutch cartel watchdog) is trying to put a stop to that. There is actually little legislation in Holland to protect consumers, perhaps they even have less rights than in the US.

      On top of that, we will have to deal increasingly with directives from the European Commission. This body is (sadly) of low democratic alloy. John Q Public does not have easy access to them, or even have a say in who sits in that committee, but you can be sure that industry lobbyists have found their way to these people.

      But I agree, it is very good to see politicians look at the current laws and proposals with different eyes, and asking "Where are the consumer rights in all of this?".
      • EULA's (Score:3, Informative)

        by Aapje ( 237149 )
        One good point about living in the Netherlands (aka Holland) is the strict rules for contracts. EULA's and such are not enforceable, unlike the US. The contract must be (clearly) shown in advance of buying a product, you cannot be confronted with it later.
      • .... are rarely accountable to the people.

        That is tru for the Netherlands, China, Tonga, the US or the EU.

        Stop whining like if it was a unique feature of the EU.
  • More to do with (Score:3, Interesting)

    by Anonymous Coward on Monday February 03, 2003 @07:05AM (#5214398)
    How much they can scare Joe Public into sticking with the real thing. We should all pay for music from musicians, if you don't think they deserve it, don't pay, if you don't like their music, don't pay, if you want to listen to a preview, listen to the radio, if you want to buy MP3's online, do that, if you think musicians get paid to much, don't pay, they have a right to charge what they want and to who they want.

    Now on the other hand, we should vote with our wallets and not buy copy protected music CD's that SUCK! especially in cheap ass car CD players... :-(

    TQ
    • Re:More to do with (Score:5, Insightful)

      by Anonymous Coward on Monday February 03, 2003 @07:08AM (#5214413)
      if you want to listen to a preview, listen to the radio That's the problem. >90% of music never gets on to the radio because radio is under the control of the music "industry". If your band isn't one of the few being promoted this month you cannot get on the radio.
      • So listen to those tunes on streaming radio :)
        • Re:More to do with (Score:2, Informative)

          by Anonymous Coward
          execpt the riaa has tried /is trying to get rid of streaming radio too with high royalties that have pushed many streaming stations off the air. great examples are 100.7 in cleveland and 98 rock in tampa bay. It became too expensive AND too much of a legal headache to have a streaming station.
      • Re:More to do with (Score:2, Insightful)

        by Anonymous Coward
        Actually the music companies do not really have much control over the radio. (In fact they often complaing about their lack of power)

        Radio is now controlled by _radio_ marketing. Listeners drive advertising. Through marketing research ClearChannel thinks it knows what music gets people to listen to a particular station and demands conforming music.

        Because ClearChannel owns so many stations it's in the game of focusing listeners to one or the other of its homogenized stations. The stations are not competing with each other really. ClearChannel just want's you to keep the radio on for as long as possible. McDonaldsization makes each station attempt to sound the same always. Thus the stations adopt music that sounds the same as what listeners already are hearing. The buzzword is 'wallpaper'.
    • Re:More to do with (Score:5, Interesting)

      by LX.onesizebigger ( 323649 ) on Monday February 03, 2003 @07:11AM (#5214421) Homepage
      Now on the other hand, we should vote with our wallets and not buy copy protected music CD's that SUCK! especially in cheap ass car CD players... :-(

      True, but unless something like this passes, we won't have a chance to know which discs are crippled. Personally I am already voting with my wallet. Since I got the first crippled album that wouldn't play in my computer's CD burner at the time (the only CD player I had) back in 2000, I haven't bought a single CD, since there is no way to know which ones are broken.

      • Re:More to do with (Score:2, Interesting)

        by dsmurf ( 519253 )
        Then again - it's more expensive for both the record stores and the RIAA-members if you simply return the defective album to the store for a refund.

        I usually ask the staff at the store if I can return the album if it turns out it wasn't a CD.
        If they say no, I don't buy it (and probably never go back to that store).

        They can hardly claim I copied it, right? ;)
      • Re:More to do with (Score:3, Informative)

        by Froobly ( 206960 )
        since there is no way to know which ones are broken

        Yes there is. As the old saying goes, look for the union label. If the CD has the Philips "Compact Disc" logo, it'll work in your computer. Nowadays, it's sometimes hard to find the label on a real CD, but I figure if I'm gonna spend $15-20 on something, it's worth the extra five minutes necessary to examine the packaging.

        The CD logo is a fraction of the size, and far more meaningful than the Microsoft "certificate of authenticity."
        • I hate to prove you wrong, but the discs in this particular album bear the Compact Disc logo. I contacted my consumer rights person, but they never got back to me, and where I live now, there is no such person.

        • Nowadays, it's sometimes hard to find the label on a real CD, but I figure if I'm gonna spend $15-20 on something, it's worth the extra five minutes necessary to examine the packaging.

          The last few CDs my girlfriend bought (I, *ahem*, have abstained from buying lately...) had no Compact Disc logo anywhere on the exterior packaging. The logo was there, but it was stamped into the inner plasting molding of the CD tray, in the top-right/bottom-left corners. No ink was used, very small.

          It's a trend I've noticed. No way to check the actual logo until after you've opened it... which of course means you cannot return it anymore.

          I've often wondered if they (you know, they) have been minimizing the prominence of the CD logo in case they want to switch to I Can't Believe It's Not CD, or something.

    • Re:More to do with (Score:5, Interesting)

      by Anonymous Coward on Monday February 03, 2003 @08:15AM (#5214567)
      we should vote with our wallets and not buy copy protected music CD's

      This is about more than just CD labels, it's about regulations on both production and fair use.

      I had a big discussion with some friends the first time [slashdot.org] this bill was introduced. My friend is a liberitarian who thought we should not be introducing new industry regulations (forced labeling) in music.

      I disagree with that argument for 2 reasons. Fist of all, crippled discs that are not labeled are basically illegal anyway since they are being falsely advertized as regular CDs. This may be a new regulation, but it is a reedundant and minor 1.

      Secondly, the main focus of the bill is on deregulation (and thus should appeal to liberitarians). The DMCA currently prohibits consumers from 'unencrypting' crippled CDs. It also prohibits production of hardware or software that breaks cpoyright encryption on these CDs. This bill will remove those regulations.

      • You're both right (Score:3, Insightful)

        by renehollan ( 138013 )
        Your friend is right in that new legislation requiring particular labeling is unjustified force, and thus not appealing to a libertarian.

        You are right in that this fraud must be prevented.

        All that this requires is existing fraud legislation be brought to bear against these bogus CDs -- libertarians do support opposing the initiatiation of force or fraud.

        Now, while legislation can provide safety from fraud allegations to those who would peddle such defective product, clearly marked, it should not require such marking. Here's why: this would lead to government "testing" of CDs to see if they were crippled and in need of such a mark, which costs the producer of the clean CD, harming them economically. Such people do not need such testing -- they know their CDs are clean, and need not fear fraud suits from their customers.

        • How exactly is it fraud, Fraud would imply that somewhere on the label it said "This is a regular CD" or something to that extent, because you assume a CD is a regular CD does not make it fraud if it isn't.
          • Re:You're both right (Score:4, Informative)

            by renehollan ( 138013 ) <rhollan@@@clearwire...net> on Monday February 03, 2003 @12:40PM (#5215847) Homepage Journal
            How exactly is it fraud, Fraud would imply that somewhere on the label it said "This is a regular CD" or something to that extent, because you assume a CD is a regular CD does not make it fraud if it isn't.

            Good question. There are two answers.

            First, the Philips/Sony "CD/CompactDisk" logo (used under license) is an indication of complience to certain standards that do not support such crippled disks. To use that logo on a crippled disk is (a) a violation of the logo license (according to Philips, at least), and (b) fraud.

            This leads to the second answer. You may be asking, "Yes, but how exactly is it deceitful?". The consumer did not contract as to what that logo meant, so why should the supplied be held to that standard? The law generally deals with what "a reasonable person" would understand, in the absence of a specific agreement (contract). After years of purchasing unencumbered CDs, a "reasonable person" would assume that something that looks like a CD, is labeled as a CD, is sold as a CD, is, in fact, a CD, as he understands it, i.e. unencumbered. The logo, in fact, is meant to butress this understanding. Selling a crippled CD without labelling to indicate that it is crippled is fraud, pure and simple. Even if the "CD/compacd disk" logo were missing, you could probably argue sucessfully that it is fraud, simply because "a reasonable person" will presume a shiny flat disk with music on it is a CD, in the absence of anything to suggest otherwise.

            The danger, though, is that "a reasonable person" may not know just how encumbered or unencumbered certain future media are, and so will will be oblivious to the fact that his fair use rights are eroded further and further over time. CDs just came at a juncture where digital copying was still difficult enough that digital piracy wasn't a big issue, so little protection. DAT decks, if you recall, had to have SCMS: Serial Copy Managament System, which permitted only one copy from a digital source -- the watermarking alternative pushed by the RIAA in Congress stalled DAT introduction in th U.S. to the point that consumer DAT technology was stillborn.

  • What can I do... (Score:5, Interesting)

    by KDan ( 90353 ) on Monday February 03, 2003 @07:05AM (#5214402) Homepage
    I'm not american, I have no money (unemployed), but I want to support this because those laws seem to get exported along with the rest - is there any way I can support this, through sending some letters maybe?

    Daniel
    • Re:What can I do... (Score:5, Interesting)

      by videodriverguy ( 602232 ) on Monday February 03, 2003 @08:11AM (#5214553) Homepage
      I'd like to support this too, but where I am (China) I can buy unprotected music CDs for $2, VCDs (video CDs) for $3, all legally. I can, of course, also buy from legitimate outlets pirate DVDs for $3 (like Die Another Day, with the oscar stuff over it).

      There is a music/movie store here that sells real import DVDs and CDs, but at USA prices. Given that those prices exceed the monthly pay for most people here, they don't sell that many!

      And, yes, I too was unemployed in the USA before I came here. I'd like to be back there, but stuff like the DMCA makes me think twice.
      • Clearly, when I think of the choices between forced abotion via a one child policy, and a DMCA, I just think of China as a bastion of freedom and human rights. Hell, when I realize that the US system had trouble breaking a tie in 2000, I often think that China's system of government seams appealing...

        Sorry, the DMCA has some good provisions, and some horrid provisions. However, all-in-all, the US human rights record is pretty solid, despite what some anti-American lefties seem to think.

        Alex
      • "but stuff like the DMCA makes me think twice"
        but using tanks to stop a demonstration is doesn't ?
    • Donate money to a campaign fund or an organization that supports your ideals. I'm sure the EFF will take non-US money.

      Hell, even your local lobbying groups can have an affect, even if they're not affected by the foreign laws. For example, the nosey LDS (Mormon) church heavily lobbied in several states (I want to say Hawaii and Alaska) a few years ago to try to defeat state laws that would legitimize same-sex marriages. I forget what the outcome was, but ut illustrates my point.


    • Civil disobedience will do more to end the DMCA and the abuse of copyrights than all the other stuff combined. I really love the EFF, but they are wrong - the system will not change unless we force it to from the outside.

      For real results we must do everything in our power to ignore, blow-off, disobey, disrespect, and encourage others to not accept copyright monopolies inspite of all the cheezy guilt trips and threats that they have laid on us.

  • by l33t-gu3lph1t3 ( 567059 ) <arch_angel16.hotmail@com> on Monday February 03, 2003 @07:07AM (#5214408) Homepage
    Oh man we're gonna see just how good the highly paid lobbyists for the content industry are this week ;)
  • This is certainly needed. If I am going to purchase a CD, I don't want to buy a crippled version of the media. Fortunatley, I have not run into this yet and I hopefully can aviod it a little easier via this.
    • i see this whole crippled disc thing as yet another reason to support the indies and undies.

      there's a lot of great music out there, and most of it's not on the radio, and doesn't come on broken discs.

  • Good Start (Score:5, Insightful)

    by kscd ( 414074 ) on Monday February 03, 2003 @07:09AM (#5214415)
    While signing the EFF letter is a great place to start, those of us with extra free time should take the time to craft our own thoughts on the issue and send those in as well. Many copies of a similar letter have a strong effect, but original letters show that you _really_ care and will probably remember around voting season.

    Past that, we should also, as the EFF states, tell our families and friends about the issue. Not many people care about this currently, because not many people know, and the information sources most people rely upon are more concerned with 5 minute wheather reports than reporting on people's rights being stripped away.
    • by ShatteredDream ( 636520 ) on Monday February 03, 2003 @07:47AM (#5214500) Homepage
      My parents used to think I was a lefty because of this issue. They couldn't be convinced of why it should be a right to make your own mp3s/oggs, etc. So I started barraging them with story after story of the media interests being unethical and eventually they understood why I feel the way I do. For my dad, a staunch conservative, the CBDTPA was the real catalyst because of its mandate on the entire computer industry. That's when he said enough is enough, the media cartels are socialist parasites.
      • socialist?? hardly... very much capitalist, thinking only about their own profits. that's not socialist. socialist and oppressive are 2 very seperate things, which can occur together as often as not.
        • Socialism implies government handouts, but the only thing they want from the government is to protect their obsolete 1940's era business model.

          Capitalism implies market forces, and they fear those.

          So what do you call a Nelson-like bunch of thugs that enslave artists with work for hire contracts, criminalize their customers, and invoke the fury of the government on those who would "interfere with private enterprise"?

          "Mothra's Song" called them "tong yu", which means, in English: "barrel of sharks". That's exactly what they are, just a bunch of greedy sharks.

          "Look at this story! I want a retraction!"
          Nelson, Japanese version of "Mothra" (1961)
          • So what do you call a Nelson-like bunch of thugs that enslave artists with work for hire contracts, criminalize their customers, and invoke the fury of the government on those who would "interfere with private enterprise"?
            PLUTOCRACY: SEE HERE! [google.com]
        • No they are not socialists, but they are pursuing a sort of pseudo-socialist agenda by attempting to get their distribution monopoly enshrined and enforced by law.

          Let's face it, the media companies are largely obsolete and are looking to the government to protect them despite their irrelevancy rather than pursuing a business strategy not developed in the 19th century.

          It's the same as the inevitable pressure that the oil companies will apply if and when fuel-cell-powered cars become a reality. I would have liked to see Bush create an Apollo like program to develop a cost-effective fuel-cell (or other alternative energy source) automobile in the next 10 years. It would take a small fraction of the money sunk into Apollo (or the current space program), I would bet, and bolster opinion on Bush's environmental record, and have real and positive impacts if acheived.

          • [T]hey are pursuing a sort of pseudo-socialist agenda by attempting to get their distribution monopoly enshrined and enforced by law.

            What do "monopoly" and "enforced by law" have to do with socialism? Under socialism, the people that work a resource commonly own it. For example, mine workers would collectively own a mine and its equipment. If they discovered a new huge gold vein, they'd all gain from it.

            There's nothing socialist or psuedo-socialist about it. In fact, it's rather anti-socialist and elitist.

            • You're describing communism, as I understand it. Under socialism, the government owns the means of production, which means it can pretty much do what it wants with it... the reason I called it pseudo-socialist is that while the government does not own media companies, the companies are pushing for their continued existence (at least in their current archaic form) to be mandated by law. It is certainly not a free-market situation any way you look at it.

              Regardless, I think we are trying to say the same thing with different words.
              • Regardless, I think we are trying to say the same thing with different words.

                That's the problem with terms like socialism and communism that have such wide-ranging interpretations and uses. What most people refer to as socialsm -- state-owned and controled resources and methods of production -- others call state-socialism.

                Socialism to them is when the tools of production are owned by the people who actually use them. For example, in a typical factory everyone -- workers, managers, office personnel, janitors -- would share ownership and control of the factory as a syndicate. Having the best knowledge of how to run a factory, they would manage its utilization as well as exist in a larger market of other syndicates, all working together.

                The state would exist on a much more limited scale, performing basic civic services such as courts and law enforcement. It would not be involved in the market at all. This has not existed in a large society to my knowledge. That's why most people don't associate it with "socialism." Rather, they think of the various "evil" state-socialist countries throughout history, Germany being the prime example.

                In any case, rereading the posts, I would view "attempting to get their distribution monopoly enshrined and enforced by law" to be protecting the capitalist interests, not psuedo-socialist or socialist.

                To tie them together, look at the labor struggles at the end of the 19th through the beginning of the 20th centuries. The state governments were protecting corporate profits by sending in militia and federal troops to violently break strikes (killing women and children in tents during a night attack on a striker encampment). The socialist movement grew out of this period of severe state oppression. They certainly weren't asking for the government to take control of production.

                Along come World Wars I and II and socialism becomes synonymous with Nazi Germany and is "no better than communism" which is subjected to the same cultural effects.

                [Note: I'm exactly at this period in A People's History of the United States: 1492-Present, so it's on my mind. :) ]

      • They couldn't be convinced of why it should be a right to make your own mp3s/oggs, etc.

        Simple enough: Ask them if they feel they should have the right to take apart their car to fix something. How about dismantling two cars you bought and building a new one one out of the parts? How about tinkering with any physical object you have purchased? Once you buy an object, it's yours to do with as you please. Once you buy music, it should be yours to play/listen to how you please. It should not be illegal to tinker with YOUR car, just as it should not be illegal to tinker with YOUR CDs/music.
      • I hope to God your name is Jenna Bush.
  • by Anonymous Coward
    All this is well and good, but do you think we can actually go against the **AA and get this passed? Good luck. "Wishful thinking" comes to mind.
    • If no one even tries it will certainly not get passed. Rather than giving up before even beginning, we would do better to see how we can support this, and urge our representatives to look after our rights.
    • by HeelToe ( 615905 )
      You can actually do more to make a difference than you think. Write your congress(wo)man a well-worded physical letter stating why you support this legislation and why they should as your representative sign-on to support it and help ensure it passes. The legislators must look at each letter as representing a larger portion of their consitituents than just yourself, based on the statistics of per-capita letter writing. If everyone on /. that believed in this legislation did the same, we'd probably have enough overlap that it would get something done.

      Don't send email. Send a paper letter!
      • What if your Congresscritter is Howard Berman. Howard Berman, as in the RIAA and MPAA's towel boy? Howard Berman, the author of the RIAA Peer To Peer hack-back bill? What then? Pity me...I live in the East San Fernando Valley, CA!!!!

        Also, after the Anthrax letter incident, it is becoming exceedingly hard to get paper letters to your pols. Send a fax.
    • In fact, how do we know that this is not a trick by the RIAA only to distract us from a much more effective solution, e.g. civil disobedience of copyright law?

      I really love the EFF, but we are crazy to think that this can be solved from within the system. For God sake, it is the RIAA's abuse of the system that has gotten us here to begin with. Nothing has changed. They are the ones inside the pocket, not us; they are the ones who are masters of playing the game, not us; If we play on their turf, we'll be screwed.

      They are still witch hunting and fear mongering millions of teens who listen to music on the one hand, and still going full blast to toss out the 1st and 4th amendments on the other. Sorry, but these are not people who play by the rules. Yep, Their ways have made it quite clear that we only have one real option, and that is for all of us to ignore, disobey, and blow off copyrights whenever possible. These people are playing an all or npothing game, if we don't accept that and act accordingly we will only hurt ourselves.

  • by Motherfucking Shit ( 636021 ) on Monday February 03, 2003 @07:10AM (#5214418) Journal
    This reminds me of the old quote,

    "If pro is the opposite of con, what's the opposite of progress?"

    If nothing else, I have to laugh at the proposed name (DMCRA). It's a poignant acronym, with just the right amount of "ha-ha" expected. Once again we have the pols battling it out against each other, with the target result being to counteract each other. For once, I hope this is achieved. To counter the DMCA with the DMCRA would raise my spirits for sure.

    Thank you, Rep. Boucher, for raising a subtle yet interpretable middle finger to the DMCA (and for your other clueful work). If ever I meet you, I owe you a drink, and that's a promise :)
    • by BabyDave ( 575083 ) on Monday February 03, 2003 @08:07AM (#5214542)
      If nothing else, I have to laugh at the proposed name (DMCRA). It's a poignant acronym, with just the right amount of "ha-ha" expected. Once again we have the pols battling it out against each other, with the target result being to counteract each other. For once, I hope this is achieved. To counter the DMCA with the DMCRA would raise my spirits for sure.
      But don't you see? Then they'll introduce the Digital Monopoly - Can't Rip Mp3s Act (DMCRMA), so we'll have to fight back with the Digital Manumission - Civil Rights, Media Freedom Act (DMCRMFA), which they'll counter with the Digital Moguls Control, Rule, Manipulate Federal Law Act (DMCRMFLA), and before you know it, we'll need 42-inch plasma screens just to fit the acronyms
    • DMCRA vs. DMCA issues aside, an acronym is really an abbreviation that can be pronounced as a word, like SCSI or LASER. The only way I thought of pronouncing DMCRA is DeMoCRA(cy), which is what this should be all about!
    • I'll bet he can't wait to get a drink from Mr. Motherfucking Shit, too!
  • by Anonymous Coward on Monday February 03, 2003 @07:14AM (#5214426)
    Here's the list, according to Thomas. Note the Rep that withdrew last week, any Slashdotters from RI might want to try to find out why?

    Rep Andrews, Robert E. - 1/29/2003 [NJ-1]
    Rep Bachus, Spencer - 1/7/2003 [AL-6]
    Rep Barton, Joe - 1/29/2003 [TX-6]
    Rep Doolittle, John T. - 1/7/2003 [CA-4]
    Rep Kennedy, Patrick J. - 1/7/2003(withdrawn - 1/28/2003) [RI-1]
    • Because he's a Kennedy
    • ... not wanting to bite the hand that "feeds" him and his party perhaps?...

      This is for all you democrats who CHOOSE to believe that republicans are primarily responsible for the woes of the various RIAA/MPAA actions.

      Follow the money.

      http://www.opensecrets.org/industries/indus.asp? In d=B02
      • by Anonymous Coward
        Isn't it possible that the republicans are already alined with the **AA's and that they(**AA) are donating to the democratic party in-order to further secure their victories?

        info..
        http://www.commoncause.org/laundromat/

        Do a search for 'recording' on that site and you get some interesting results..

        Those stats seem to suggest the opposite of yours..Who's right? heh..
  • This worries me

    We have one section of government (RIAA) working one set of laws to take away digital rights

    And now we have another working to attempt to bring them back. Does that make sense?

    Putting all the effort into having one continuously working against the other in the hope there's a middle ground that is safe doesn't seem sensible

    working departments together would be the best option. I don't see why this can't be done
    • RIAA != Government (Score:4, Informative)

      by dalangalma ( 514344 ) <dalangalmaNO@SPAMnumbera.com> on Monday February 03, 2003 @07:42AM (#5214493) Homepage
      I think it's worth pointing out that the RIAA isn't a government agency, they're a group that represents major record companies and is lobbying the government to turn the law to their favor.
    • Someone else has already pointed out that RIAA is not a section of government. However, I'd like to add that the legislative branch of a government that truly represents the people should have such conflicting factions in it, unless the people are truly of one mind on an issue.

      Presumably, in a perfect government the executive branch should act harmoniously to implement the decisions made by the lawmakers. That doesn't seem achievable, however, and I think it's healthy that there's some resistance to implementing controversial decisions. I don't think I would ever want to live under an efficient government :-)

    • I know the one and only way how dynamical system with multiple agressive can achieve a state of relative equilibrium. It's all about constant oscillations.

      To be more precise: if someone, You for instance, can supply solution that will cease lobbyists activity and in the same time make community happy - offer it.

      Meanwile all we can do is to apply our force so that oscillation move in our favor.

  • by spd_rcr ( 537511 ) on Monday February 03, 2003 @07:19AM (#5214438) Homepage
    finally something intelligent happening south of the border & nothing to do. when i sent out letters regarding out lastest tax/copyright levy on recordable media, the response was not good.
    • There is something you can do. Write your... Member of Parliment, is it? The equivilent of State Representitive... and ask for controls that prevent unlabeled broken CDs (i.e. copy protected, the ones that don't work in some CD players) from being imported/sold. You might not be able to apply pressure to the US Representitives, but you can sure try to apply pressure to the RIAA.
  • Link to EFF (Score:5, Insightful)

    by Heem ( 448667 ) on Monday February 03, 2003 @08:34AM (#5214627) Homepage Journal

    Make sure to write your representatives. It's the only recourse we have left in this 'democracy' that has gone afoul - The only reason it has gone afoul is that WE (American Citizens, not slashdotters) have allowed it to but NOT writing our representatives. Their title 'REPRESENTative' should say it all. Their SOLE purpose is to represent YOUR opinion to the people that make the laws that govern how our lives are lived. If you don't write - LAWS WON'T CHANGE. The EFF has made this task incredibally easy - They've even written a nice letter and will auto-lookup your representative based on your address. Get your opinion out there. It's our only chance to change the laws of the land we live in.

    I'll give you the link [eff.org] again in case you missed it the first time.
  • By the law of averages, atleast some of the US senators ought to have some clue about digital media and people's views on them. This legislation is over due and hopefully it will pass and the US will soon have a fair set of digital right rules.

    Though I am not a US citizen, I am very much interested in this as most of the laws get exported from the US to other countries.
  • The RIAA/MPAA lobby machine will start working against this bill and one of two things will happen, it will fail miserably or it will be so watered down as to be unrecognizable and worse will do exactly opposite of its original intent.

  • by sin(theta) ( 609000 ) on Monday February 03, 2003 @09:24AM (#5214842) Homepage
    By legislating standards by which fair-use impaired proudcts are created, aren't we then giving fair-use impaired products our blessing?
    • > By legislating standards by which fair-use
      > impaired proudcts are created, aren't we then
      > giving fair-use impaired products our blessing?

      But they already exist, and have substantial legal protection. Having already tried to prevent the DMCA, this is our next line of defense.

      Supporting the DMCRA doesn't undermine your anti-copy-protection stance, because you've already spoken up against copy-protection. What this is about is how things ought to be if the DMCA is allowed to persist.
    • The cartels can sell anything they want. It's just important that they don't do false advertising (i.e. calling crippled CDs "CDs" even though they might not play back everywhere). The principles of free trade mandate that the inferior value of a inferior product must be clear, and a big sticker "This CD is crippled and might not play back in your player" does this in the case of crippled CDs.
  • Labelling Won't Work (Score:2, Interesting)

    by Afty0r ( 263037 )
    I live in the UK and until two weeks ago boycotted DVDs - I didn't own a single one. I broke my boycott for reasons unrelated to this argument.

    What is pertinent is that DVDs are labelled in this country - they have logos on the rear of the covers that indicate region protection, macrovision etc. and people still buy them.

    I don't know what you guys in the US have on your packaging, but over here ours are labelled already and the consumers don't care.
    • True, but if the label said that it could make the DVD unplayable by you (and in fact that it could not legally be called a DVD, but that's a different point) would you still buy it?
      It's not the fact that they are "copy-protected" but rather the fact that they only work with some playback devices.
    • most people don't care until they find out that they can't do what they want with the media they bought.

      i'd guess most people who buy dvds buy dvds for the region they live in, which is the same region their dvd players are set up for. they don't look at the packaging other then to see if it's widescreen or not because they don't know (and don't need to know) that there are dvd players that don't play it.

      crippled cds on the other hand, are more likely to not play in a randomly selected player than dvds are -- i think we've reached a point where all but the most clueless have realized that their computer did NOT come with a retractable cup-holder.

    • yes DVDs here are labled with the macrovision and all that junk, but CDs (as in music) are not. Not to mention that CDs with the copy protection on them won't necessarily play in CD-ROM drives or car CD players. That's the problem this bill is attempting to solve. If I buy a CD, I expect it to play in my computer(because I don't own a stereo), like all the others I've bought before, these copy protected ones won't, and they should be labeled as such.
    • The whole problem with copy-restricted CDs, in my eyes, is that CDs are not designed to employ any form of copy restriction.

      The copy restriction, while "reading restriction" might be a better term, on CDs consists of deliberate infringements on the CD standard, aiming to confuse drives that have to deal with the full CD specification (PC drives), while hopefully not confusing drives that just want to play audio.

      Therefore, a "copy-restricted" CD doesn't comply with the standard and may not be advertised as "CD Digital Audio". That's what the whole labelling discussion is about.

      DVDs, on the other hand, were conceived with copy-restriction in mind. Playback devices know about encryption and region coding. When you buy a DVD, you don't have to care whether it is restricted or not because it won't harm your playback. When you make a copy, you can just copy the DVD with encryption and everything - the restriction doesn't try to interfere with the reading of the data.
  • by Masem ( 1171 ) on Monday February 03, 2003 @10:20AM (#5215101)
    Here's a link to a PDF version of the bill on the HoRep's website (It's H.R. 107 in the 108th Congress): Proposed bill [house.gov]. Of interest is what the last two pages have (the rest is just deliniating what mislabeling of a copy-protected disk is and punishable for) -- while it goes in the right direciton for fair uses, it still leaves open the question of "significant noninfringing use" of a hardware/software product, getting us right back to the VHS case. Also, interestingly enough, note the header on the PDF file: it's based off an XML document, apparently, so I wonder how much Boucher's office has adopted to technology, or if the HoReps now has a nice XML/DocBook type of technology for building up new bills.
  • Don't forget my man! (Score:4, Informative)

    by stinky wizzleteats ( 552063 ) on Monday February 03, 2003 @10:43AM (#5215242) Homepage Journal

    Spencer Bachus [arl.org], my representative, is also cosponsoring the bill. This is a real turnaround for him, as he has usually voted for whichever side of the issue is commercial. We've had several e- and snail mail arguments about electronic freedom issues, and his cosponsorship of this bill demonstrates that he is doing just what his job title indicates - representing.

    A big attaboy to my man Bachus for pitching in on this! Let this be an inspiration to anyone else out there who believes that getting involved is hopeless - if you speak, they will listen.

  • While it is NOT legally required to describe what copy protection shite you've put on a disc, Philips has correctly and vigorously defended their trademark.

    If it says it's a CD, it doesn't have copy protection. If it says it's a CD and has copy protection, then they're violating Philips' trademark, and can expect a call from the lawyers. Very simple, and no new legislation needs be introduced.

    Unfortunately, nobody reads labels like that anyways.
    • But is Philips actually going after anyone for using the CD logo while using copy protection?

      Do you have any examples? Not that I'm discounting what you're saying, I'm just not aware of Philips going after anyone...
  • by hyphz ( 179185 ) on Monday February 03, 2003 @12:18PM (#5215739)
    One of the points they mention in their act is the modification of the DMCA so that it allows copy protection to be broken for fair use purposes.

    I vaguely recall, during one of the DVD cases, that it was stated in court that the DMCA does NOT forbid breaking copy protection for fair use at the moment.

    The PROBLEM is that it forbids distribution of tools for breaking copy protection, regardless of what they will be used for. Having permission to break the protection for fair use is no good unless you are actually able to do it, and unless the tools are distributable very few people who wish to make fair use will be able to.

    This is exactly the problem that came up in one of the appeals in the DVD case; that it is not sufficient to simply ensure that people are permitted to make fair use, because even if they have permission, "nothing in law obligates manufacturers to make it easy for people to exercise fair use rights" (paraphrased from the appeal verdict). Thus, they can simply make it so hard that the vast majority of people can't do it, and the tools distribution clause will prevent people who CAN do it from helping others do so.

    To ensure fair use, the proposed act would have to include a specification that no IP owner must unduly impede the exercise of fair use rights, technologically or otherwise. If technology is too restricted at the moment to do this without losing protection against illegal use then, well, they're big companies with big bucks: they can innovate new technology, or at least sponsor others to do so. (At the moment, such technology is unlikely to ever get developed because it's actually to the firms' advantage for it not to be - they can carry on getting away with blocking everything.)
    • by Anonymous Coward
      But they DO address it!

      SEC. 5. FAIR USE AMENDMENTS. ...
      (5) It shall not be a violation of this title to manufacture, distribute, or make noninfringing use of a hardware or software product capable of enabling significant noninfringing use of a copyrighted work.


      Isn't DECCS a software product that helps significant noninfringing use (i.e. watch my _own_ DVDs on Linux)?
  • With the warning labels, then music with the 'explicit lyrics' label...

    In another few years, there'll be so many warning labels we'll have to play 20 questions with the clerk to figure out what's in the box.

    Is it known in the state of California to cause drowsiness?

    No.

    Is it car headlights?

    No, that would be known in the state of Hawaii to cause blindness.

    Oh yeah. Umm...

  • by Anonvmous Coward ( 589068 ) on Monday February 03, 2003 @01:36PM (#5216151)
    The DMCRA is just a little too close to DMCA. I mean seriously, the r key is right above the a key. It looks like a typo!

    What it needs is another couple of letters on the end. How about c and k? C could stand for 'concerning' and the k could stand for... well shit, I'm not that intelligent so I'll get to the point. I just want the acronym to be 'DMCRACK'.

    • Hell, even names that had no real significance on their own (Comprehensive Omnibus Budget Reconciliation Act = COBRA) are memorable with the right acronym. And everyone wants to be patriotic.

      So maybe we need the United Support of Artists via Free Legal Access to Great music act. Then its opponents can be easily bashed as unpatriotic. You don't want to be a FLAG burner, do you? Fox News would love it.

  • Call the office of your rep, indicate that you would like to make a donation to his next campaign, in person. You will likely get an appointment, especially for anything over $500, but even $100 should do. At the appoinment, make the donation and be prepared to briefly discuss the merits of the bill in question. (This goes for any bill, actually). Be sure to insinuate that there is more money where that came from, if you decide that they are someone that you would like to support. Lather, rinse, repeat.


    For those in the crowd who are uncomfortable with these tactics, just remember, the other side has been doing this for years, and have no problem with continuing. We didn't start this war, but if we don't start getting in the trench and fighting the battle as they are, we are sure to lose it.

  • "I can find a lot of fault with what Congress did," Justice Sandra Day O'Connor said. "This flies directly in the face of what the framers of the Constitution had in mind, but is it unconstitutional?" Although the Supreme Court did not find retroactive copyright extension unconstitutional, there is no doubt that Congress strayed from the spirit of constitution. Copyright has become extremely unbalanced and biased towards monied interests. Many of whom have made their most valuable content off of the ever shrinking public domain.

    Congress has a responsibility to right this situation and the Digital Media Consumer's Rights Act (DMCRA, H.R. 107) is a step in the right direction. I hope you will co-sponsor the DMCRA and show your support for the public's rights in digital media.

    Thank you for your time.
  • I tried suggesting to Rick Boucher's campaign committee [boucherforcongress.com] that a lot of people would like to contribute to his campaign if only they could do so electronically. Unfortunately there was no response.

FORTRAN is not a flower but a weed -- it is hardy, occasionally blooms, and grows in every computer. -- A.J. Perlis

Working...