%deffont "title" xfont "-*-helvetica-*-r-*-*-48-*-*-*-*-*-*-*" %deffont "standard" xfont "-*-helvetica-*-r-*-*-34-*-*-*-*-*-*-*" %default 1 font "title", fore "yellow", prefix " " %%default 2 rcutin %default 2 size 5, fore "white", prefix " ", font "standard" %page DMCA Reform Now? Don Marti, Linux Journal dmarti@zgp.org (GPG mail accepted) dmarti@linuxjournal.com (write an article) %rcutin, fore "green" This is a Magicpoint presentation. %page Yes, there is a person called an editor. There used to be people called "computers" too. Search Google for "best editor" -- www.vim.org %page What is "Circumvention" to ''circumvent a technological measure'' means to descramble a scrambled work, to decrypt an encrypted work, or otherwise to avoid, bypass, remove, deactivate, or impair a technological measure, without the authority of the copyright owner 17 U.S.C. 1201a(1) 17 U.S.C. 1201a(2) 17 U.S.C. 1201b(1) %page Congress thought it was passing a copyright law, ". . . I think it is worth emphasizing that I could agree to support the bill's approach of outlawing certain devices because I was repeatedly assured the device prohibitions . . . are aimed at so-called 'black boxes' and not at legitimate consumer electronics and computer products that have substantial non-infringing uses." - Sen. John Ashcroft, May 14, 1998 %page Circumvention in practice In only one case have the anticircumvention provisions of the DMCA actually been used against an infringer. U.S. v. Mynaf %page Most famous DMCA case MPAA v. 2600 Universal City Studios, Inc., Paramount Pictures Corporation, Metro-Goldwyn-Mayer Studios Inc., Tristar Pictures, Inc., Columbia Pictures Industries, Inc., Time Warner Entertainment Company, L.P., Disney Enterprises Inc., Twentieth Century Fox Film Corporation, v. Eric Corley, also known as Emmanuel Goldstein and 2600 Enterprises Inc., DeCSS -- program to descramble DVD movies. Useful for playing as well as for copying %page Current status of "Hollywood vs. 2600" New York District Court issued an injunction banning 2600 Magazine from publishing or linking to DeCSS. Second Circuit Court of Appeals failed to reverse the decision. EFF decided not to appeal to the Supreme Court. %page Current status of DVD players on Linux There are none. Intervideo sells LinDVD for embedded systems only. %page Who remembers 1996? Proto-DMCA: Bruce Lehman's White Paper on "Intellectual Property and the National Information Infrastructure" -- 1995 The Copyright Grab By Pamela Samuelson January 1996 "The Clinton administration, through its white paper on intellectual property, is proposing a wholesale giveaway to its supporters in the copyright industry - at your expense." %page We weren't organized %page Basis for much other injustice Usually people can reverse engineer something; it's expensive and hard but legal But the DMCA prevents competition. %page Things you can't compete with because of the DMCA Lexmark toner cartridges DVD CCA Adobe e-books Windows Media word processor documents next? %page Movement? Thanks to DVD CCA for helping us get organized. Reactive, though. %page Free Dmitry -- our side's first win July 2001: Dmitry Sklyarov arrested December 2001: "Dasvedanya Dmitry" but charges remain against his employer Elcomsoft December 2002: Elcomsoft acquited %page It's called fair use because... ...people think it's fair. "Under the eBook formats, you have no rights at all, and the jury had trouble with that concept." -- Dennis Strader, jury foreman %page People agree with us -- so what? This win means it's time to get reform. We have both "the people" and "the right thing to do" Now that we know (based on a sample of 12 random people) that Americans want DMCA reform... %page Details on the two bills Digital Choice and Freedom Act of 2002 Representative Zoe Lofgren (D-CA) introduced last year, not yet reintroduced. Digital Media Consumers' Rights Act Rep. Rick Boucher (D-VA) John Doolittle (R-CA) Spencer Bachus (R-AL) Patrick Kennedy (D-RI) reintroduced Jan 7, 2003 %page Good news. Congress sells out on low-profile issues. Anticircumvention used to be a low profile issue. It's not one anymore. %page Choosing sides Freedom lovers, Consumer Electronics Assn, No laws giving special treatment to DRM BSA, RIAA, CSPP No reform, no mandate MPAA "Fritz chip" for all devices %page Why support reform if it will be traded away? 1. to have something to trade 2. to let people know the law is unjust and bought by corporate interests, so they won't vote to convict if they're on a jury 3, Jack Valenti is a Democrat and his members fund Democrats. Republicans control Congress now. Chance for a better deal. %page Jury nullification Lawyers won't touch this idea with an 11-foot pole. Jury has a duty to acquit, but not to convict. Can publicity make circumvention "crimes" something prosecutors don't want to touch? %page I got a letter from Anna Eshoo Make sure your Representative is aware of how you feel on this issue. Don't settle for "generic generic", make sure you get the generic paragraph about the bill you like. %page Go to constituent meetings Best approach -- organize by Congressional district. EFF can't lobby. (they're a tax-deductible non-profit, not a lobbying group.) Watch politics in general, and help your side if/when it matters. Most seats in the House are "safe" %page Talking about this issue Good words reform innovation %page Any questions? dmarti@linuxjournal.com