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Thursday, June 15, 2006
Shit That's Pissing Me Off

“[T]he cable industry wanted a way to know that any particular PC that was sold as “Digital Cable Ready” would absolutely be able to deliver on the wide range of things that you couldn’t predict with certainty would happen on a home-built PC.”

Translation: By certifying hardware, we can guarantee the entertainment and cable industry that it will successfully restrict fair-use rights such as time shifting or copying to other formats (e.g., Video iPod). Consumers will voluntarily agree to surrendering these rights because it will be in the license agreement and because they basically have no other choice. Companies that try to break ranks and restore these rights to consumers will be hit with a DMCA suit.

Goddamn this fucking bullshit!!!
Makes me wanna kill someone....
When the industry is being allowed to open up new revenue streams through litigious actions against their customers, I have a feeling we're not far from seeing the argument "We spent $3.9 Bil on this copy protection, which Little Billy Palmer here bypassed and therefore, he owes us $125,000"
Why is it that the DMCA is so retarded yet noone knows it??!?!?!?
My opinions on the subject:

1) The average consumer is not aware of DRM and its ultimate implications, but are catching on more and more. Education of the masses is important at this point. Until people realize how they are being treated by these companies, and how they will be treated in the future, they will do NOTHING.

2) Those who are aware feel crippled, that they can't do anything by themselves and there is not big movement to be swept into. There needs to be an accessible movement that offers action to be performed for the average person, not just sending in a check. The DRM-mongers (MPAA, et al) need to have consequences for their actions.

3) Geeks need to get into politics. You can make a difference is not just by lobbying, voting, and calling your congressperson, but by running for office yourself.

There are many organizations that exist to combat this sort of garbage, but they remain on the fringes of society, seemingly reserved for the geeky/open source people. This needs to change and needs to change now. Encourage your friends, family, whoever you can to get educated and get involved.

http://www.eff.org/
http://www.fsf.org/ (In the same realm of consumer's rights)
http://www.epic.org/ (I'm not too familiar with them)
http://www.cdt.org/
http://www.cpsr.org/
(For purposes of clarity IP means Intellectual Property, and if I have to describe that any further then you should probably just stop reading now)

1. Creators of ideas and inventions have the right to be compensated for their work, but not to limit political expression, veto technological innovation, or restrict education and scientific research.

 Creators of ideas and inventions have the right to be compensated for their work, but not to limit political expression, veto technological innovation, or restrict education and scientific research.

Creators should be fairly compensated for their work. Large intellectual property holders, however, have started to misinterpret "compensation" as "absolute control." This mindset has led to a one-way ratchet of increasing entitlements for intellectual property-holders while the public's rights diminish.

For example, laws like the Digital Millennium Copyright Act (DMCA) have been used over and over again to stifle scientific research, silence political expression, and chill technical innovation. IP laws need to be reigned in to protect free expression, technical innovation, and robust democratic debate.


2. Intellectual property laws should be judged by their potential to foster new creativity, as required by the U.S. Constitution.

The U.S. Constitution explicitly states that intellectual property protections should last only "for limited times" and promote the progress of "science and the useful arts." In other words, valuable ideas and expressions are supposed to become part of the public domain, where everyone can enjoy and use them equally. However, rights-holders have an interest in extending the amount of time that they can exploit their work. This tension has created a situation where copyright and patent terms are extended retroactively, in spite of the Constitution's plain language.

For instance, it doesn't make sense to extend the copyright term on a work that was created 60 years ago. Its creator was likely compensated long before, and the extension certainly can't encourage her to make something that she has already produced. Meanwhile, the Constitution's promise that the work fall into the public domain is indefinitely deferred.

Intellectual property was meant to be an incentive to create work that the public can enjoy, not an ever-lengthening entitlement for rights-holders.


3. Intellectual property laws should be clear and explicit, so anybody can create without fear of lawsuits.

Today's IP law is a thicket of jargon that makes lawyers necessary for almost any creative act. Sampling music in a new song, combining movie clips for a film class, or even removing objectionable content from your lawfully purchased DVDs can draw the ire of rights-holders. Companies routinely use patents against small inventors and businesses that can't fight back. And since fighting even frivolous claims is terribly expensive, creators and innovators may self-censor rather than attract a lawsuit.

This kind of predatory intellectual property is bad for society. It chills artistic and political expression. It stops technical innovation that could benefit society. And it directly contradicts the purpose of intellectual property by ensuring that less work, not more, is produced by our creators.

Posted by: hitokiriyuki at June 15, 2006 01:26 | link | comments

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