Comments on: The DMCA http://blog.joshtheaspie.com/2007/07/29/the-dmca/ The thoughts of an Aspie on Technology, Politics, and Everything. - The Answer isn't always 42. Thu, 09 Sep 2010 19:29:04 +0000 http://wordpress.org/?v=2.1.3 By: Ryvaken http://blog.joshtheaspie.com/2007/07/29/the-dmca/#comment-378 Ryvaken Sun, 29 Jul 2007 18:56:26 +0000 http://blog.joshtheaspie.com/2007/07/29/the-dmca/#comment-378 Meh. The law can say what it wants; no one has the manpower to enforce it in anything other than token shows of intimidation. The people making DRM hardware and software are the ones to be concerned about. Meh. The law can say what it wants; no one has the manpower to enforce it in anything other than token shows of intimidation. The people making DRM hardware and software are the ones to be concerned about.

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By: Harsan http://blog.joshtheaspie.com/2007/07/29/the-dmca/#comment-379 Harsan Sun, 29 Jul 2007 20:32:11 +0000 http://blog.joshtheaspie.com/2007/07/29/the-dmca/#comment-379 Ryv, the problem we have is that random folks are being singled out and charged under this law. Me, I'm working on a long letter to my representatives in congress, because I'm sure they don't know what exactly is going on with the laws they keep passing up there. I'm also voting Libertarian, because laws such as these restrict the rights of the citizens to do what they want. As for the DRM software. I use Linux ^^ that shit doesn't work on Linux. Whups, I've just circumvented....defeated the protections.... Oh, well. Ryv, the problem we have is that random folks are being singled out and charged under this law. Me, I’m working on a long letter to my representatives in congress, because I’m sure they don’t know what exactly is going on with the laws they keep passing up there. I’m also voting Libertarian, because laws such as these restrict the rights of the citizens to do what they want. As for the DRM software. I use Linux ^^ that shit doesn’t work on Linux. Whups, I’ve just circumvented….defeated the protections…. Oh, well.

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By: Josh the Aspie http://blog.joshtheaspie.com/2007/07/29/the-dmca/#comment-380 Josh the Aspie Sun, 29 Jul 2007 21:53:03 +0000 http://blog.joshtheaspie.com/2007/07/29/the-dmca/#comment-380 No, Harsan, you haven't circumvented the protections. You just don't install them in the first place, so there is nothing to circumvent. That's generally why I don't buy things that have versions of DRM in place. If I don't buy the DRM, then there's nothing to circumvent, and people might hopefully get the message that DRM will loose them money. From now on, I will actually check if any DVD I might buy has DRM in it. If it does, I won't buy it. One of the things I'm going to press my "congress critters" to do is to pass a law requiring manufacturers to place a label on anything they make stating if it has DRM in the product, including stating what kind. Thanks for the term Harsan. And Ryv, I think you're right. I'm not sure if our congress people have any idea at all what they are doing, or how they are creating a generation of people who, more and more, see the government's laws to be not only oppressive, but irrelevant. I think that any that do, don't care, and are on the side of the corporations, rather than of natural citizens. Content doesn't "want to be free" but when you make it impossible for a person to use the content they purchased, and then make it illegal for them to circumvent what is making it impossible for them to use they way they want, people actually come down on the side of the "real criminals" you want to catch with the law, rather than on the side of the government. The music and video companies liken pirates, and honest users who are activists to terrorists. I agree with them... they are terrorists in the same way that Robin Hood was a terrorist. And we all remember what happened to Prince John. No, Harsan, you haven’t circumvented the protections. You just don’t install them in the first place, so there is nothing to circumvent. That’s generally why I don’t buy things that have versions of DRM in place. If I don’t buy the DRM, then there’s nothing to circumvent, and people might hopefully get the message that DRM will loose them money.

From now on, I will actually check if any DVD I might buy has DRM in it. If it does, I won’t buy it. One of the things I’m going to press my “congress critters” to do is to pass a law requiring manufacturers to place a label on anything they make stating if it has DRM in the product, including stating what kind.

Thanks for the term Harsan.

And Ryv, I think you’re right. I’m not sure if our congress people have any idea at all what they are doing, or how they are creating a generation of people who, more and more, see the government’s laws to be not only oppressive, but irrelevant. I think that any that do, don’t care, and are on the side of the corporations, rather than of natural citizens.

Content doesn’t “want to be free” but when you make it impossible for a person to use the content they purchased, and then make it illegal for them to circumvent what is making it impossible for them to use they way they want, people actually come down on the side of the “real criminals” you want to catch with the law, rather than on the side of the government.

The music and video companies liken pirates, and honest users who are activists to terrorists. I agree with them… they are terrorists in the same way that Robin Hood was a terrorist. And we all remember what happened to Prince John.

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By: Josh the Aspie http://blog.joshtheaspie.com/2007/07/29/the-dmca/#comment-381 Josh the Aspie Sun, 29 Jul 2007 22:57:05 +0000 http://blog.joshtheaspie.com/2007/07/29/the-dmca/#comment-381 By the way, someone who works in journalism has told me privately that my story seems "rather one sided" and asked if I'd be willing to post as an advocate for those in favor of DCMA. My answer is no. And here's why. First of all, the problem with the trap of "balanced" news that journalists have fallen into is that when you have the truth on one side, and someone who is lieing or delusional on the other side, in order to give 'balanced' news coverage, you have to present lies, or delusion as a valid view point, and people believe that the truth is really somewhere between the truth and a lie. Further, if you have an opinion on a matter that is a matter of opinion, it is unlikely you will be capable of presenting balanced coverage, as is evidenced by the alternating liberal and conservative hosts on fox news. So, when I have a strong opinion, I don't even attempt to present "Balanced" coverage in my opinions and editorials. I am, however, willing to let those in favor of DCMA present their opinions. I am also willing to post what I understand their opinions to be. That just won't be masqueraded as being my opinion. In fact, I intend to present those opinions in my next main post relating to this particular topic. By the way, someone who works in journalism has told me privately that my story seems “rather one sided” and asked if I’d be willing to post as an advocate for those in favor of DCMA. My answer is no. And here’s why.

First of all, the problem with the trap of “balanced” news that journalists have fallen into is that when you have the truth on one side, and someone who is lieing or delusional on the other side, in order to give ‘balanced’ news coverage, you have to present lies, or delusion as a valid view point, and people believe that the truth is really somewhere between the truth and a lie.

Further, if you have an opinion on a matter that is a matter of opinion, it is unlikely you will be capable of presenting balanced coverage, as is evidenced by the alternating liberal and conservative hosts on fox news.

So, when I have a strong opinion, I don’t even attempt to present “Balanced” coverage in my opinions and editorials.

I am, however, willing to let those in favor of DCMA present their opinions. I am also willing to post what I understand their opinions to be. That just won’t be masqueraded as being my opinion.

In fact, I intend to present those opinions in my next main post relating to this particular topic.

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By: Ryvaken http://blog.joshtheaspie.com/2007/07/29/the-dmca/#comment-382 Ryvaken Mon, 30 Jul 2007 00:30:48 +0000 http://blog.joshtheaspie.com/2007/07/29/the-dmca/#comment-382 You say black, he says white, I think grey. Easy, simple, lazy thinking. As to the old 'wants to be free' slogan...that's where the technology is. Digital communication goes hand in hand with all the technology that makes media easily reproduced and distributed. The industry needs to change, not try to turn the clock back to the 90s. You say black, he says white, I think grey. Easy, simple, lazy thinking.

As to the old ‘wants to be free’ slogan…that’s where the technology is. Digital communication goes hand in hand with all the technology that makes media easily reproduced and distributed. The industry needs to change, not try to turn the clock back to the 90s.

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By: Harsan http://blog.joshtheaspie.com/2007/07/29/the-dmca/#comment-383 Harsan Mon, 30 Jul 2007 04:55:55 +0000 http://blog.joshtheaspie.com/2007/07/29/the-dmca/#comment-383 You say I haven't, the lawyers for Sony Music USA can say whatever they want, so long as they word it just the right way it can sound very much like the law reads that way. The companies aren't trying to look back at the glory days, either. The 90's were crap, people making mix tapes and copying movies off the saturday night showing of said movie, well after it'd been released, mind you, most likely well after it was no longer being sold at the various stores. About that, by the way, I will refer you to the Betamax decision, an interesting footnote in our history of copyright, and a surprising background for Sony to have come from. The courts ruled that devices such as the BetaMax and other VTRs, Video Tape Recorders, are legitimate to own for the copying and personal usage of publicly available material on television. Movies and whatnot. It is known officially as "Sony Corp. of America v. Universal City Studios, Inc". Wikipedia Link: http://en.wikipedia.org/wiki/Sony_Corp._of_America_v._Universal_City_Studios,_Inc. Cliff Notes Version is as such: You can use your recording device to record something to view it at a time more convenient to you. That's what the court ruled on. That there is at least one legitimate usage of the VTR device Tape recorders and digital recording devices are similarily covered under an actual copyright law called the Audio Home Recording Act, which was passed in 1992, which allowed for people to make copies of audio or video and store it, even change its format or location which was called in Recording Indus. Ass’n of Am. v. Diamond Multimedia Sys., Inc. "space-shifting". it's what allows you to take a song, put it on your hard drive from your CD and have it be legal. To my knowledge the DMCA doesn't prohibit that. That's the 90's, though. To the overzealous copyright holders the 90's must have sucked. Now we're in the technological age, computers are everywhere, and now tape and recorded songs can make their way to a P2P network. Sucks more, that. Great thing about our modern era we're in now, nobody seems to think more laws are gonna hit. Which is why everyone was shocked when the Induce act was defeated by a call-in campaign from the Save Betamax group. The Induce act would have given copyright owners and their representatives (The RIAA, the MPAA, any other AA's out there) the veto power over any new technology they thought might infringe on copyrights. It would have made your DVD player, your DVD recorder, your VHS recorder, all that, illegal because the manufacturer, by selling it, was inducing the infringement of copyrights. http://en.wikipedia.org/wiki/Induce_Act wiki link. That's our modern era, it is, to say, a far cry from the 90's. You say I haven’t, the lawyers for Sony Music USA can say whatever they want, so long as they word it just the right way it can sound very much like the law reads that way. The companies aren’t trying to look back at the glory days, either. The 90’s were crap, people making mix tapes and copying movies off the saturday night showing of said movie, well after it’d been released, mind you, most likely well after it was no longer being sold at the various stores. About that, by the way, I will refer you to the Betamax decision, an interesting footnote in our history of copyright, and a surprising background for Sony to have come from. The courts ruled that devices such as the BetaMax and other VTRs, Video Tape Recorders, are legitimate to own for the copying and personal usage of publicly available material on television. Movies and whatnot. It is known officially as “Sony Corp. of America v. Universal City Studios, Inc”. Wikipedia Link: http://en.wikipedia.org/wiki/Sony_Corp._of_America_v._Universal_City_Studios,_Inc.

Cliff Notes Version is as such: You can use your recording device to record something to view it at a time more convenient to you. That’s what the court ruled on. That there is at least one legitimate usage of the VTR device
Tape recorders and digital recording devices are similarily covered under an actual copyright law called the Audio Home Recording Act, which was passed in 1992, which allowed for people to make copies of audio or video and store it, even change its format or location which was called in Recording Indus. Ass’n of Am. v. Diamond Multimedia Sys., Inc. “space-shifting”. it’s what allows you to take a song, put it on your hard drive from your CD and have it be legal. To my knowledge the DMCA doesn’t prohibit that.

That’s the 90’s, though. To the overzealous copyright holders the 90’s must have sucked. Now we’re in the technological age, computers are everywhere, and now tape and recorded songs can make their way to a P2P network. Sucks more, that. Great thing about our modern era we’re in now, nobody seems to think more laws are gonna hit. Which is why everyone was shocked when the Induce act was defeated by a call-in campaign from the Save Betamax group. The Induce act would have given copyright owners and their representatives (The RIAA, the MPAA, any other AA’s out there) the veto power over any new technology they thought might infringe on copyrights. It would have made your DVD player, your DVD recorder, your VHS recorder, all that, illegal because the manufacturer, by selling it, was inducing the infringement of copyrights. http://en.wikipedia.org/wiki/Induce_Act wiki link.
That’s our modern era, it is, to say, a far cry from the 90’s.

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By: Josh the Aspie http://blog.joshtheaspie.com/2007/07/29/the-dmca/#comment-384 Josh the Aspie Mon, 30 Jul 2007 05:55:53 +0000 http://blog.joshtheaspie.com/2007/07/29/the-dmca/#comment-384 I was not aware that there were actually laws, rather than just court decisions supporting our ability to do these things. I am quite pleasantly surprised. I was not aware that there were actually laws, rather than just court decisions supporting our ability to do these things. I am quite pleasantly surprised.

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By: Harsan http://blog.joshtheaspie.com/2007/07/29/the-dmca/#comment-385 Harsan Mon, 30 Jul 2007 06:15:49 +0000 http://blog.joshtheaspie.com/2007/07/29/the-dmca/#comment-385 Heh, like I said, though, that was the 90's. The race is on as to whether the RIAA and MPAA can get new laws passed that change those rights before people realize what's actually happening. Me, and my family believe that it's gonna happen, people are gonna start going to jail in larger numbers, and soon the backlash will be so severe, all copyright laws will go back, once again, to not existing, or at least being severely limited. My letter to my reps is well in the making, got to get it just right before I can send it, lest my wording not be clear enough. Heh, like I said, though, that was the 90’s. The race is on as to whether the RIAA and MPAA can get new laws passed that change those rights before people realize what’s actually happening. Me, and my family believe that it’s gonna happen, people are gonna start going to jail in larger numbers, and soon the backlash will be so severe, all copyright laws will go back, once again, to not existing, or at least being severely limited. My letter to my reps is well in the making, got to get it just right before I can send it, lest my wording not be clear enough.

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By: Ryvaken http://blog.joshtheaspie.com/2007/07/29/the-dmca/#comment-386 Ryvaken Mon, 30 Jul 2007 06:56:15 +0000 http://blog.joshtheaspie.com/2007/07/29/the-dmca/#comment-386 OK, so I got the wrong timeframe. The media industry didn't exactly factor into my daily life when I was seven. I was taking my timecues from the DMCA. Oops. But, really, the fact that those laws were even needed factors into my main point; technology has been moving steadily to the point where the action of viewing media and the action of recording media are interchangeable, and the communication technology of the interweb has made distribution trivial. Trying to uncreate the technology, limit it, or anything else in that regard is doomed to failure. OK, so I got the wrong timeframe. The media industry didn’t exactly factor into my daily life when I was seven. I was taking my timecues from the DMCA. Oops.

But, really, the fact that those laws were even needed factors into my main point; technology has been moving steadily to the point where the action of viewing media and the action of recording media are interchangeable, and the communication technology of the interweb has made distribution trivial. Trying to uncreate the technology, limit it, or anything else in that regard is doomed to failure.

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By: Josh the Aspie http://blog.joshtheaspie.com/2007/07/29/the-dmca/#comment-391 Josh the Aspie Mon, 30 Jul 2007 08:07:29 +0000 http://blog.joshtheaspie.com/2007/07/29/the-dmca/#comment-391 And not only is it doomed to failure, it also restricts future creativity, and threatens our placement as one of the most advanced technological nations. Lack of competition on broadband, and in certain other technological areas is already creating a stagnancy that has allowed other nations to not only catch up to us, but to surpass us in many areas. The sad thing is that the state of our education, the state our technology is in, and the state of the freedom to use that technology are all tightly interlinked. Legislators are simultaneously trying to improve the education of our young, especially in the area of technology, and are also calling our talented young people with technical competency, and the will to use that competency (which are also linked) criminals! And not only is it doomed to failure, it also restricts future creativity, and threatens our placement as one of the most advanced technological nations. Lack of competition on broadband, and in certain other technological areas is already creating a stagnancy that has allowed other nations to not only catch up to us, but to surpass us in many areas.

The sad thing is that the state of our education, the state our technology is in, and the state of the freedom to use that technology are all tightly interlinked. Legislators are simultaneously trying to improve the education of our young, especially in the area of technology, and are also calling our talented young people with technical competency, and the will to use that competency (which are also linked) criminals!

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By: Josh the Aspie’s Blog » Blog Archive » HDCP - Part 2: Problems With HDCP, and Why Big Media Uses it Anyway http://blog.joshtheaspie.com/2007/07/29/the-dmca/#comment-409 Josh the Aspie’s Blog » Blog Archive » HDCP - Part 2: Problems With HDCP, and Why Big Media Uses it Anyway Thu, 02 Aug 2007 05:55:10 +0000 http://blog.joshtheaspie.com/2007/07/29/the-dmca/#comment-409 [...] to the DMCA it is illegal to bypass or post systems to bypass DRM measures. They also have recourse for huge [...] […] to the DMCA it is illegal to bypass or post systems to bypass DRM measures. They also have recourse for huge […]

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