Difference between revisions of "Talk:DMCA"

From Issuepedia
Jump to navigation Jump to search
 
m (Talk:DMCA ENJOYING BRIAN PEPPERS DAY??? moved to Talk:DMCA over redirect: Undoing "BRIAN PEPPERS DAY" vandalism)
 
(15 intermediate revisions by 3 users not shown)
Line 1: Line 1:
−
hallelujah! ok
+
==Edit Log==
−
below i am pasting all the stuff i have put into the digital rights discussion page on campaignwikia.
+
* '''2006-08-25''' Earlier contents moved verbatim to [[Talk:DMCA/Archive]]. Significant chunks have been re-filed in various places around Issuepedia:
−
i have despaired of any of it seeing the light of day there
+
** [[2006-08-04 lucychili policy notes]]: meta-discussion about discussion policy
−
- so i am pasting it here in the hopes that this issue can get a bit of a work out.
+
** [[Intellectual property legislation]]
−
ive left all the conversation there as a backstory.
+
** [[Digital rights]]
−
we can strip it out and keep the stuff that is useful here.
 
  
−
==Common Ground==
+
==Discussion==
−
We have to find some common ground here. This article has been reverted or had additions deleted far too many times with no reasons given. This article needs to be added-to, and reverting every change isn't helping anything.
+
''The following sections remain to be filed into appropriate areas in Issuepedia. --[[User:Woozle|Woozle]] 21:43, 25 August 2006 (EDT)''
 +
===Adelphi Charter===
 +
The Adelphi Charter on Creativity, Innovation and Intellectual Property responds to one of the most profound challenges of the 21st century:
 +
How to ensure that everyone has access to ideas and knowledge, and that intellectual property laws do not become too restrictive.
  
−
*On problem is that [http://www.digitalrights.ie/ Digital Rights Ireland] and [http://www.onlinerights.ca/ Online Rights Canada] keep switching sides. I'm not familiar with either organization, and I don't know if they're really sneaky about their true intentions, but I have visited both sites and they seem to clearly be on the consumer rights side of the issue. If this is not the case, please mention it here so the matter can be settled.
+
The Charter sets out new principles for copyrights and patents, and calls on governments to apply a new public interest test.
  
−
*The titles of the two groups, aside from getting increasingly and exceedingly long, keep changing positions to reflect the last editor's bias. This needs to stop. I suggest putting the creators-rights side first, as these organizations are larger and fewer.
+
It promotes a new, fair, user-friendly and efficient way of handing out intellectual property rights in the 21st century.
  
−
*The last section, which I tried to change from "DMCA" to "Related Laws and Bills" (subsequently divided by nation) keeps getting reverted. This needs to stop, because the DMCA is ''not'' the only applicable piece of legislation.
+
The Charter has been written by an international group of artists, scientists, lawyers, politicians, economists, academics and business experts.
 +
http://www.adelphicharter.org/
  
−
*Links keep disappearing. Anyone can add links that they feel are applicable, but I would like to see removal of any such links discussed here beforehand. Specifically, the following links have been removed repeatedly with no reason given:
+
===Fair use and fair dealing===
−
** [http://ipaction.org/ IPac] - US
 
−
** [http://openrightsgroup.org Open Rights Group] - UK
 
−
** [http://www2.piratpartiet.se/international/english Pirate Party (english)] - Sweden
 
−
** [http://pirate-party.us/ United States Pirate Party] - US
 
−
 
 
−
--[[User:Whosawhatsis|Whosawhatsis]] 21:24, 13 July 2006 (UTC)
 
−
 
 
−
:I've added some more to the above links there are stacks more sites out there. Go to a blog site and search for DMCA and youll get pages of people blogging on the implications. http://search.blogger.com/?ui=blg&q=dmca --[[User:Lucychili|Lucychili]] 16:48, 15 July 2006 (UTC)
 
−
 
 
−
::I separated out the links you added. This section is really a discussion of the revert war that caused this article to be locked, not about stuff to add (these links are in the current revision). Most/all of your links would be a good addition, but many of them don't fit the "organizations..." section, and should instead be in a "see also" section or similar. --[[User:Whosawhatsis|Whosawhatsis]] 00:44, 16 July 2006 (UTC)
 
−
 
 
−
Stop linkspam pages and spread propaganda, you idiot. [[User:195.175.37.8|195.175.37.8]] 03:40, 15 July 2006 (UTC)
 
−
:We are, and you're the one doing it. We're just doing what you say, Mr Jews Did Wtc. --[[w:User:Splarka|Splarka]] <small>([[w:User_talk:Splarka|talk]])</small> 03:43, 15 July 2006 (UTC)
 
−
::LOL, who's we?  You are the one censoring URLs like deleting links to www.jewsdidwtc.com without any discussion.
 
−
:::"Stop linkspam pages and spread propaganda", and that is exactly what you said to do, to stop linkspam and propaganda, which jewsdidwtc is, silly goose. --[[w:User:Splarka|Splarka]] <small>([[w:User_talk:Splarka|talk]])</small> 03:53, 15 July 2006 (UTC)
 
−
::::Yet, you didn't remove the linkspam here, fool. [[User:195.175.37.6|195.175.37.6]] 03:58, 15 July 2006 (UTC)
 
−
::::: moved the links into the article [[User:Lucychili|Lucychili]] 14:53, 19 July 2006 (UTC)
 
−
 
 
−
* I propose the routine deletion of comments (a) not attempting to establish any connection to the topic, or (b) designed to initiate or continue arguments of an off-topic nature.
 
−
* The 'Digital Rights' article needs a structural and conceptual revamp.  Starting with "1.  Organizations Working to Protect Digital Rights" is <i>already</i> a compromise of NPOV.  The title posits intent without reference or discussion.  I submit to the reading community that it is likely to serve as flamebait to all sides.
 
−
: My apologies for that characterisation. There is a fundamental semantic split here. The term 'Digital Rights' is one used by campaign groups in the sense of 'Human Rights' or 'the Rights of Man'. It is necessarily a loaded term, but one used deliberately by groups such as Digital Rights Ireland and Open Rights Group. The publishers lobbyists use 'Rights' in the sense of 'Property Rights' to try to treat non-rivalrous freely replicable digital goods as physical property -  'Digital Rights Management' is a a manifestation of this. I would suggest the following:
 
−
:* Create a separate Digital Rights Management page and put the RIAA et al there
 
−
:* put a brief neutral disambiguation para at the top of both pages.
 
−
:* remove the highly loaded term 'Consumer' from this page
 
−
:* ban the trolls who are masking their attempts to insert the anti-semitic conspiracy site into this page by masking it within edit wars. [[User:KevinMarks|KevinMarks]] 06:54, 28 July 2006 (UTC)
 
−
 
 
−
==DRM and Content Distributers==
 
−
The problem with the page here is that the division of proconsumer procreator is not an accurate representation of the issue especially with regard to the international treaties and with regard to DRM and DMCA. Many of the groups interested in reform are interested in reform for consumers and creators and to redress the imbalance of publishers who are demanding exclusive rights at the expense of both groups. Happy to provide examples, I have some at http://www.lucychili.blogspot.com
 
−
 
 
−
Generally the major publishing firms are using the creators as a meat shield for their own benefits. The changes lock artists out of their own content.
 
−
DMCA is basically protecting the packaging at the expense of protecting the content.
 
−
There is extensive legal thuggery attached, to the extent that nations may not trade with the US un til they agree to adopt this law.
 
−
DMCA is standing between the creator and the consumer. Creators are able to look at different business models in order to distribute their work.
 
−
The publishing companies are changing the laws to restrict peer to peer communications so that they retain control not only over distribution of media but over how you use it after you buy it. It also enables the publishers to restrict your future purchases and the technologies which are permitted to be developed or run on an existing product. Drahos describes it as Information Feudalism.
 
−
 
 
−
The primary impact of this in terms of the way it is being used in US courts is for copyright holders to sue their competitors, for developing technologies which interact or compete with their own, and to sue academic researchers who criticise poor security in products. Technology projects are losing developers because the DMCA threatens to make them liable if someone uses a technology they developed for a bad purpose. The technology can only be seen as a good one if it already has a mass commercial value, prejudicing against new businesses in the sector and against independent inventors. There is also concern that because there is no recognition of community value as distinct from dollar value, open source projects are being specifically excluded from protection.
 
−
 
 
−
Because Technological protection measures stand between the user and the content and the license on that work could vary it is difficult for the user to anticipate what kinds of uses will be considered a fair use. ie there is no way to have Fair Use of media with a TPM preempting that you are either a customer or a criminal. It is hard to negotiate with a technological lock, to explain to it that you are a student, or a researcher, or that you paid for this media but have reinstalled your computer so it might not recognise you now.
 
−
 
 
−
TPM means that you cant look at the software you install. Two recent cases are Microsoft installing a phone home licence checker with their update and also threatening to turn off older licenced versions of their software if people did not upgrade(later postponed), and Sony who installed a rootkit on people's computers as part of their after sales interest in consumers. Because TPM protect the software from the owner of the computer that means that the ownership and control of your electronic devices has shifted. You are now effectively leasing permission to use the computer from the companies who have copyright on the hardware, software, drivers, media, etc.
 
−
 
 
−
Connection between computers running different operating systems is at risk as developing technologies which interface with a DRM TPM product is something you need to have permission to do from the copyright holders - your competitors. This will result in less choice, less effective networking and monopoly.
 
−
 
 
−
The media rights are not the only areas affected by this kind of IP hijacking. Patent laws which are blocking things like generic AIDs drug manufacture in India at a price which can be afforded by those who most need them in Africa. http://www.cptech.org/a2k/ --[[User:Lucychili|Lucychili]] 16:48, 15 July 2006 (UTC)
 
−
 
 
−
:I made a separate sections on this because it was a bit confusing thrown in with the conversation about revert disputes. I'm not sure that the above, as written, is NPOV enough for the main article, but there are certainly valid points in it that deserve mention. We should definitely work on refining it to fit into the article. --[[User:Whosawhatsis|Whosawhatsis]] 22:45, 15 July 2006 (UTC)
 
−
 
 
−
I certainly feel that the current article is not NPOV and provides an inaccurate and biased impression.
 
−
I know that I am strong in my feelings on this issue.
 
−
Is there someone interested enough in the issue to follow the links and check that I am correct?
 
−
Who could I ask to comment that would be seen as credible on the issue?
 
−
 
 
−
Why dont we use the current article as the POV of the DMCA lobby, which it basically is, and you can use (cut down if you like) mine as the beginning of the reform lobby? This wiki if its going to deal with any issue content will need to be able to represent a range if ideas.
 
−
 
 
−
For example there are very different perspectives among the groups who are pro reform.
 
−
 
 
−
* proconsumer & creator A2K uses this model and looks to have a fair sharing of access and creator rights.
 
−
* open source groups aiming for restriction of circumvention to copyright infringing activities, and to have protection for a range of business models.
 
−
* academics who want to be able to research and comment without threat of litigation
 
−
* components manufacturers who want to be able to develop for a range of systems and not be locked into specific partnerships.
 
−
* makers inventors recyclers who will be using hardware to make new things which were not anticipated by the original manufacturer.
 
−
* webcasters who are concerned that traditional broadcasters are aiming to have themselves considered as a special kind of boradcaster and provided rights at the expense of creators and other business models.
 
−
* democracy advocates concerned about software providers who want to blackbox their systems effectively avoiding transparency regarding the accuracy of their products.
 
−
* pirate parties which are representing strictly a consumer perspective as they see that the system is so broken that non compliance and non recognition of the broken system is the only way to change it.
 
−
 
 
−
The IP laws being progressed through international treaties are primarily backed by large business groups who have pre-internet business models and wish to restrict the function of the internet to broadcast models, and to ban peer to peer kinds of projects. Wikis are not the only peer to peer creator/consumer model which has a lot to offer. Creative commons and music collaboration have a lot to gain from peer to peer sharing.
 
−
Open source is largely peer to peer. Patents on medicines are another system of laws which are using this kind of compulsory USFTA and similar treaty process to gain traction around the world despite being counter to the community and business interests of smaller nations. [[User:Lucychili|Lucychili]] 02:39, 16 July 2006 (UTC)
 
−
 
 
−
:I contributed most of the non-linked text in this article (of which there isn't much) and while I don't think that it came out biased, I agree with you on the matter and it's possible that I overcompensated a bit in my attempt to use NPOV.
 
−
 
 
−
:It's true that DRM is primarily the work of content distribution dinosaurs desperately trying to prop up a dying system, and I tried to lay the groundwork for discussion of that with "digital rights of the creators ''and distributers'' of that content". The problem is, its difficult to approach this without it sounding like a petty and logically fallacious argument that the fact that piracy hurts big, faceless record labels almost exclusively, rather than hurting the artists as they would have you believe, makes piracy OK, which certainly isn't NPOV. That's why I avoided going into more detail until I could come up with the right wording. Besides, if it is listed as an argument against DRM, it will be hard to come up with any pro-DRM arguments, other than "Record labels are greedy." ... It's really difficult to cast those guys in a neutral light, much less a positive one. --[[User:Whosawhatsis|Whosawhatsis]] 04:58, 16 July 2006 (UTC)
 
−
 
 
−
Understood but I dont see why reformers have to be described as only pro consumer in order to make the record companies look good.
 
−
It makes a balanced debate but isnt an accurate representation of the state of play.
 
−
there are more than two perspectives in this debate and control of soundfiles is not the only impact. [[User:Lucychili|Lucychili]] 06:05, 16 July 2006 (UTC)
 
−
 
 
−
:I totally agree, but it has to be said in a way that's entirely factual and backed-up so that the RIAA propaganda machine can't cry foul. --[[User:Whosawhatsis|whosawhatsis?]] 06:22, 16 July 2006 (UTC)
 
−
 
 
−
OK so if we start with the act and say this is the current law.
 
−
People are looking for reform for a range of reasons and functions.
 
−
Here are some of the perspectives and break the reform perspectives into different sections.
 
−
Some are quite radical, some have a consumer&creator balance, some have niche concerns.
 
−
If you like you can post my stuff as strictly a POV starter statement and invite people to critique and comment on it.
 
−
Where is there room in the current structure for people to report on their new business models which enable them to be succesful online authors without DRM or TPM?
 
−
Thanks for looking at this stuff. [[User:Lucychili|Lucychili]] 06:43, 16 July 2006 (UTC)
 
−
 
 
−
Heh, you think piracy organizations don't use consumers as meat shields?  The fact is, piracy does not hurt big companies like Microsoft, only small independent companies, unlike what RIAA wants you to believe.  A business model without DRM is simple, store everything on a secure main central server, like with MMORPGs, you have to pay monthly fee to access the main central server, and you can't download stuff from the central server onto your own computer.  and yes, it means even more restrictions on consumers.  yes, DRM is probably dead, but hey, welcome to a much more dangerous world, ha ha ha ha [[User:Molester|Molester]] 07:36, 16 July 2006 (UTC)
 
−
 
 
−
Its just not the kind of behaviour you expect legal business and government to be into.
 
−
If a MMORPG online game does not limit your choices regarding what other games you play then it is still a step forward from DRM.
 
−
How about authors using creative commons and sharing some stories, using advertising on those sites to sell other stories in paperback as per Cory Doctorow. [[User:Lucychili|Lucychili]] 08:03, 16 July 2006 (UTC)
 
−
 
 
−
oh ya, just what the world needs, more ads. [[User:211.195.220.53|211.195.220.53]] 05:05, 18 July 2006 (UTC)
 
−
 
 
−
=Additions to the Main Article=
 
−
:''This section is to be added to the article, but is being written here since the article is currently locked. Please edit it as such. If you wish to add comments that do not belong in the main article, be sure to put them at the bottom, below the horizontal line. Additional unrelated sections for discussion should go above this one. --[[User:Whosawhatsis|whosawhatsis?]] 23:06, 16 July 2006 (UTC)''
 
−
::I would propose this goes into a 'Digital Rights Management' article, and we keep the 'Digital Rights' one as a broad category as I originally defined it here to correspond to its usage by Campaign Groups [[User:KevinMarks|KevinMarks]] 07:02, 28 July 2006 (UTC)
 
−
:::Digital rights management is very nearly a brandname for the DMCA perspective on digital rights. It excludes digital access rights and freedoms and excludes the range of digital rights which include public domain, creative commons, open source. Basically DRM is a narrow POV thread and including the whole sector under that title would be ironic in a wiki which is based on the other models if it wasnt so flat out sad.
 
−
==Digital rights==
 
−
As a broad topic digital rights divide into
 
−
* rights to access/use, and
 
−
* rights to own/control technologies, ideas or information.
 
−
 
 
−
From the ownership perspective protective digital rights have been traditionally a way to give one person or group a headstart on specific information as a result of their previous loyalty, investment or innovation. They usually exist as special cases and work in conjunction with a default system of access rights or rules about what people usually can expect to do with technologies, ideas and information.
 
−
 
 
−
Recently there has been a shift in this system which puts much more emphasis on the creator and content distributor side of the balance.
 
−
Where previously copyright protections were a special consideration or exception to generic access rights, now we are requesting generic access rights as exemptions to copyright. This is a reaction to the internet which enables people to share information freely. The DMCA lobby have successfully lobbied to have their perspective on digital rights implemented around the world as a prerequisite of trade negotiations with the United States.
 
−
 
 
−
As a result there is a response from other parties to try and regain consideration, control and access to information. The internet also changes the landscape of information managment from the perspective of those who aim to create and distribute it. Publishers and distributors have far more access to the buyer's personal equipment and conversations which then has extensive implications for basic rights with information. For example there are moves from broadcasting groups to define the broadcasting process as a process which claims rights for the broadcaster at the expense of the artists webcasting or sharing their work online.
 
−
 
 
−
Many groups are concerned about the current legal situation and are talking about these issues.
 
−
* Some groups are working on developing alternative models which look at the needs of creators and consumers in an internet enabled world.
 
−
* Some groups are looking to negotiate with the existing digital rights laws to establish exemptions for fair use and fair dealing.
 
−
* Libraries have specific needs and are lobbying for those.
 
−
* Universities have specific needs as researchers who need to be able to report freely and are lobbying for those.
 
−
* Some groups are reacting directly to the existing system by argue that the system is not valid in their eyes.
 
−
 
 
−
Artists, musicians, authors and scientists and people who create with information have not traditionally had a strong voice in these negotiations as their rights were often expected to be represented by the distributing organisations. The internet provides an opportunity for these groups to find ways which they can directly manage and license their work.
 
−
 
 
−
So basically there are opportunities which have emerged as a result of the internet. Some parties are aiming to establish right of way with those opportunities. People around the world who have not traditionally needed to lobby to have fair use and fair dealing rights to access information are at a disadvantage because the groups which have access to the international treaty process have been investing heavily in progressing their perspective.
 
−
 
 
−
Internet enabled communications methods such as blogging have enabled people around the world to see each other and to discuss the concerns openly. The challenge for these groups is to translate that online perspective into effective voices at the treaty table. It has been suggested that this will take a mass recognition of the issue around the world by people, and pressure through electoral and government lobbying processes. Given that many of the people in this internet community are the people who do innovate and create and manage information there may be ways to effect change more directly. The challenge is to gain enough support to be recognised as an important voice at the treaty table.
 
−
 
 
−
Eben Moglen has contributed greatly to debates on these issues:
 
−
* [http://emoglen.law.columbia.edu/ Eben Moglen] - US
 
−
 
 
−
==Public Domain==
 
−
The public domain comprises the body of knowledge and innovation (especially creative works such as writing, art, music, and inventions) in relation to which no person or other legal entity can establish or maintain proprietary interests within a particular legal jurisdiction. This body of information and creativity is considered to be part of a common cultural and intellectual heritage, which, in general, anyone may use or exploit, whether for commercial or non-commercial purposes. http://en.wikipedia.org/wiki/Public_domain
 
−
 
 
−
==Fair use and fair dealing==
 
 
Fair use and fair dealing are the basic digital access rights with information which a person can expect to be able to apply.
 
Fair use and fair dealing are the basic digital access rights with information which a person can expect to be able to apply.
 
In the past the fair use or fair dealing system has been the constant, with specific exceptions for copyright of material.
 
In the past the fair use or fair dealing system has been the constant, with specific exceptions for copyright of material.
Line 188: Line 61:
 
* [http://lucychili.blogspot.com DMCA in Australia] - AU
 
* [http://lucychili.blogspot.com DMCA in Australia] - AU
  
−
==A2K==
+
===A2K===
−
The goals of Access to Knowledge are embodied in a draft treaty, emerging from a call from Brazil and Argentina for a development agenda for the World Intellectual Property Organization. The treaty is intended to ease the transfer of knowledge to developing nations, and to secure the viability of open innovation systems all over the world. http://en.wikipedia.org/wiki/Access_to_knowledge http://www.cptech.org/a2k/
+
The goals of [[wikipedia:Access to knowledge|Access to Knowledge]] are embodied in a draft treaty, emerging from a call from Brazil and Argentina for a development agenda for the World Intellectual Property Organization. The treaty is intended to ease the transfer of knowledge to developing nations, and to secure the viability of open innovation systems all over the world. http://www.cptech.org/a2k/
  
−
==Open Source Licences==
+
===Open Source Licences===
 
* GNU GPL - GNU General Public License The GNU General Public License (GNU GPL or simply GPL) is a widely used free software license, originally written by Richard Stallman for the GNU project. The latest version of the license, version 2, was released in 1991. The GNU Lesser General Public License (LGPL) is a modified version of the GPL, intended for some software libraries. http://en.wikipedia.org/wiki/GNU_General_Public_License
 
* GNU GPL - GNU General Public License The GNU General Public License (GNU GPL or simply GPL) is a widely used free software license, originally written by Richard Stallman for the GNU project. The latest version of the license, version 2, was released in 1991. The GNU Lesser General Public License (LGPL) is a modified version of the GPL, intended for some software libraries. http://en.wikipedia.org/wiki/GNU_General_Public_License
 
* Lesser GPL - http://en.wikipedia.org/wiki/GNU_Lesser_General_Public_License
 
* Lesser GPL - http://en.wikipedia.org/wiki/GNU_Lesser_General_Public_License
Line 198: Line 71:
 
* BSD and GPL comparison - http://en.wikipedia.org/wiki/BSD_and_GPL_licensing
 
* BSD and GPL comparison - http://en.wikipedia.org/wiki/BSD_and_GPL_licensing
  
−
==Creative Commons==
+
===Creative Commons===
 
The Creative Commons website enables copyright holders to grant some of their rights to the public while retaining others through a variety of licensing and contract schemes including dedication to the public domain or open content licensing terms. The intention is to avoid the problems current copyright laws create for the sharing of information. - http://en.wikipedia.org/wiki/Creative_commons
 
The Creative Commons website enables copyright holders to grant some of their rights to the public while retaining others through a variety of licensing and contract schemes including dedication to the public domain or open content licensing terms. The intention is to avoid the problems current copyright laws create for the sharing of information. - http://en.wikipedia.org/wiki/Creative_commons
  
−
==Pirates==
+
===Pirates===
 
This word has always been used fairly randomly to represent a kind of theft.  
 
This word has always been used fairly randomly to represent a kind of theft.  
 
For purposes of digital or intellectual property it is used to describe four main situations:
 
For purposes of digital or intellectual property it is used to describe four main situations:
Line 212: Line 85:
 
* [http://pirate-party.us/ United States Pirate Party] - US
 
* [http://pirate-party.us/ United States Pirate Party] - US
  
−
===What is theft===
+
====What is theft====
 
With information there is a debate about whether information can be stolen as both groups still end up with the information.  
 
With information there is a debate about whether information can be stolen as both groups still end up with the information.  
 
This quote from Thomas Jefferson represents that perspective:
 
This quote from Thomas Jefferson represents that perspective:
Line 220: Line 93:
 
Copyright cases are often based around potential loss of income as a result.
 
Copyright cases are often based around potential loss of income as a result.
  
−
==Patents==
+
===Patents===
 
* origins
 
* origins
 
* recent  
 
* recent  
 
* regional
 
* regional
−
* current - POV: Patents on medical research. South Africa is nto a party to the DMCA because they have had 20million people die of AIDS while patent groups shut down generic drug companies in India which were able to provide medicine at a cost African people could afford.
+
* current - POV: Patents on medical research. South Africa is not a party to the DMCA because people are dying of AIDS while patent groups shut down generic drug companies in India which were able to provide medicine at a cost African people could afford.
  
−
==Copyright==
+
===Copyright===
 
Copyright is a set of exclusive rights granted by governments to regulate the use of a particular expression of an idea or information. At its most general, it is literally "the right to copy" an original creation. In most cases, these rights are of limited duration. The symbol for copyright is ©, and in some jurisdictions may alternately be written (c). http://en.wikipedia.org/wiki/Copyright
 
Copyright is a set of exclusive rights granted by governments to regulate the use of a particular expression of an idea or information. At its most general, it is literally "the right to copy" an original creation. In most cases, these rights are of limited duration. The symbol for copyright is ©, and in some jurisdictions may alternately be written (c). http://en.wikipedia.org/wiki/Copyright
  
Line 232: Line 105:
 
This means that fair use and fair dealing are now required to apply to be exempted from a copyright state, where as previously copyright was seen as an exception or special case to a default set of access rights. The new DMCA Digital Millenium Copyright Act also allows, through use of TPM's the copyright holder to limit other technologies which interact with the copyrighted product. This is seen, by groups wanting reform, as putting a fence around other people's copyright and freedoms rather than being a defense of the copyrighted content only.
 
This means that fair use and fair dealing are now required to apply to be exempted from a copyright state, where as previously copyright was seen as an exception or special case to a default set of access rights. The new DMCA Digital Millenium Copyright Act also allows, through use of TPM's the copyright holder to limit other technologies which interact with the copyrighted product. This is seen, by groups wanting reform, as putting a fence around other people's copyright and freedoms rather than being a defense of the copyrighted content only.
  
−
===DRM and the DMCA===
+
====DRM and the DMCA====
 
Digital Rights Management (DRM) is a system, usually involving encryption, designed to prevent unauthorized used of content. Examples of DRM include the CSS encryption found in nearly all commercial DVD movies, and Apple's FairPlay encryption found in music downloaded from the iTunes Music Store. Use of these DRM schemes are mandated by movie studios and record labels (respectively) to prevent copyright infringement, but they also prevent non-infringing uses such as making backup copies of DVDs and playing iTunes music on non-Apple portable devices.
 
Digital Rights Management (DRM) is a system, usually involving encryption, designed to prevent unauthorized used of content. Examples of DRM include the CSS encryption found in nearly all commercial DVD movies, and Apple's FairPlay encryption found in music downloaded from the iTunes Music Store. Use of these DRM schemes are mandated by movie studios and record labels (respectively) to prevent copyright infringement, but they also prevent non-infringing uses such as making backup copies of DVDs and playing iTunes music on non-Apple portable devices.
  
Line 239: Line 112:
 
1/3 of DMCA complaints don't hold up under scrutiny, and 1/2 are filed by companies against competitors. People tend to err on the side of taking down infringing material rather than face lawsuits: http://connect.educause.edu/node/1666 http://www.securityfocus.com/brief/62 http://lawweb.usc.edu/news/dmca.html
 
1/3 of DMCA complaints don't hold up under scrutiny, and 1/2 are filed by companies against competitors. People tend to err on the side of taking down infringing material rather than face lawsuits: http://connect.educause.edu/node/1666 http://www.securityfocus.com/brief/62 http://lawweb.usc.edu/news/dmca.html
  
−
===Broadcast flag===
+
====Broadcast flag====
−
 
+
====TPM====
−
===TPM===
 
 
Technological protection measures are any kind of barrier between the user and the copyright material.
 
Technological protection measures are any kind of barrier between the user and the copyright material.
 
Anything which has a call response to any other thing, has an interface. These interfaces are becoming a part of the copyright issue as distributors are building packaging for their content which uses TPM locks so that it can be difficult to interface with the material. These digital locks have been developed by copyright holders or distributors to manage how the user/owner/developer/inventor interacts with the material. TPMs have caused a large part of the concern because:
 
Anything which has a call response to any other thing, has an interface. These interfaces are becoming a part of the copyright issue as distributors are building packaging for their content which uses TPM locks so that it can be difficult to interface with the material. These digital locks have been developed by copyright holders or distributors to manage how the user/owner/developer/inventor interacts with the material. TPMs have caused a large part of the concern because:
Line 249: Line 121:
 
* The exemptions for when it is permissable to work around a TPM are contracting with each iteration of the DMCA act. A request to have an exemption for risk to critical systems and loss of life is being contested by the DMCA lobby in the current round.
 
* The exemptions for when it is permissable to work around a TPM are contracting with each iteration of the DMCA act. A request to have an exemption for risk to critical systems and loss of life is being contested by the DMCA lobby in the current round.
  
−
===Technologies impacted by DRM===
+
====Technologies impacted by DRM====
 
* Any technology which has a call response to another technology can be 'protected' with a TPM. (Printer cartridges, car ignitions)
 
* Any technology which has a call response to another technology can be 'protected' with a TPM. (Printer cartridges, car ignitions)
 
* Any technology which could be used for an illegal purpose but does not have a large commercial base can be considered a circumvention device.  
 
* Any technology which could be used for an illegal purpose but does not have a large commercial base can be considered a circumvention device.  
Line 259: Line 131:
  
 
----
 
----
−
<!-- Please put your comments on this section under this line. Be sure to sign your comments with four tildes ~~~~ -->
 
−
 
−
How easy is it to implement tabbed wikis like moreperfect.org? http://www.moreperfect.org/wiki/index.php?title=United_States_Copyright_Law:_Read_More Might be nice to be able to describe a situation, some background, and a range of responses. Tabs are probably not the right idea. Just finding it hard to slice things nicely. The patent area is huge. It is at least as important as the digital information stuff, Its costing lives on a huge scale. I havent included it in the overview because I dont know enough about it.
 
−
 
−
:I don't think tabs are the right idea. It will be a long article, that's what the index box is for. --[[User:Whosawhatsis|whosawhatsis?]] 21:03, 17 July 2006 (UTC)
 
−
 
−
The scope is getting pretty broad here. I think most of this should go into an intellectual property article instead of this one, just leave the DRM/TPM/broadcast flag/piracy stuff for this article and link to it from the new one. --[[User:Whosawhatsis|whosawhatsis?]] 02:23, 18 July 2006 (UTC)
 
−
 
−
::Fair enough re tabs. Yes the scope is broad, but it is the root page on digital rights so its gotto have other stuff in it. Open source is an important perspective on how to manage digital rights. The problem with the way the DMCA is implemented is that it blocks out discussion of all other legal models and all other interest groups so that it looks like its just good guys v bad guys. They are actually lobbying to whitewash over other people's licences so not including those options is really a kind of POV thing. It does need to have sub pages I think. (ie DMCA needs to be one sub page of digital rights, as does open source etc.) At what point is this going to actually be a page? [[User:Lucychili|Lucychili]] 06:59, 18 July 2006 (UTC)
 
−
 
−
:::Once we figure out what is should look like, I'll get an admin to move it to the main article. There is a lot of intellectual property information here that's not directly related to digital rights. This information should go in a separate article (or articles), with links between this one and that. --[[User:Whosawhatsis|whosawhatsis?]] 20:48, 18 July 2006 (UTC)
 
  
 
==International==
 
==International==
−
:''For non-US issues? Or should US just be an entry here and the whole page should be restructured? Should this be a separate page?''
 
−
:: I've given up. I dont believe that you intend for this to be anything but a long discussion page. To me it looks as though Campaignwikia is just going to be a soapbox for existing politicians to say what theyve always said. By all means reshuffle the deckchairs and sort the points into alphabetical order. My input is from an Australian perspective not a US one. Youll probably have to do one of those alphabetical lists with USA at the top. But keeping it all in a talk page so noone ever sees it is probably just as effective and less work.
 
−
You'll wake up one day and wonder why open source technologies may no longer be developed for your use.
 
  
 
===Global===
 
===Global===
Line 291: Line 149:
 
====Organizations & Activists====
 
====Organizations & Activists====
 
* Bloggers Collective
 
* Bloggers Collective
−
 
−
 
 
===Iran===
 
===Iran===
 
====Background====
 
====Background====

Latest revision as of 11:31, 8 August 2008

Edit Log

Discussion

The following sections remain to be filed into appropriate areas in Issuepedia. --Woozle 21:43, 25 August 2006 (EDT)

Adelphi Charter

The Adelphi Charter on Creativity, Innovation and Intellectual Property responds to one of the most profound challenges of the 21st century: How to ensure that everyone has access to ideas and knowledge, and that intellectual property laws do not become too restrictive.

The Charter sets out new principles for copyrights and patents, and calls on governments to apply a new public interest test.

It promotes a new, fair, user-friendly and efficient way of handing out intellectual property rights in the 21st century.

The Charter has been written by an international group of artists, scientists, lawyers, politicians, economists, academics and business experts. http://www.adelphicharter.org/

Fair use and fair dealing

Fair use and fair dealing are the basic digital access rights with information which a person can expect to be able to apply. In the past the fair use or fair dealing system has been the constant, with specific exceptions for copyright of material. Fair Use/Dealing and Copyright are the two halves of the traditional access v protection model.

Many changes have impacted on digital access rights including the development of alternatives to the traditional copyright license such as Creative Commons. The Creative Commons license effectively broadens the base of what is possible as a fair use by specifying customised extra access rights which a person can apply with Cc licensed material.

The open source licenses such as GNU GPL are also a way of relaxing the copyright control of the copyright holder in specified ways to enable the public to have improved digital access rights.

DMCA operates differently. While traditional copyright oerates as an exception to basic freedoms, DMCA and DRM operate as a new default way of interacting with material. Interested groups have been invited to ask for exemptions for specific fair use. The fair use allowances are being contracted further by each successive iteration of the DMCA legislation. In addition specific technologies such as e-book ban activities which were normally seen as a fair use on specific books, ie for some books it is not allowed to read the book aloud. Lending, sharing and other activities normally legal with paperbooks are not always legal with digital books.

Communities have not had to negotiate for fair use previously it is taking time for the implications of negotiating for specific fair uses to be understood.

Campaigners:

A2K

The goals of Access to Knowledge are embodied in a draft treaty, emerging from a call from Brazil and Argentina for a development agenda for the World Intellectual Property Organization. The treaty is intended to ease the transfer of knowledge to developing nations, and to secure the viability of open innovation systems all over the world. http://www.cptech.org/a2k/

Open Source Licences

Creative Commons

The Creative Commons website enables copyright holders to grant some of their rights to the public while retaining others through a variety of licensing and contract schemes including dedication to the public domain or open content licensing terms. The intention is to avoid the problems current copyright laws create for the sharing of information. - http://en.wikipedia.org/wiki/Creative_commons

Pirates

This word has always been used fairly randomly to represent a kind of theft. For purposes of digital or intellectual property it is used to describe four main situations:

  • a home user working with material in a way which is not licensed.
  • a trader of material who is not licenced to trade that material.
  • a political party representing consumers who feel that the overall copyright system is broken.
  • some view the offensive(ie not defensive) copyright laws as a kind of piracy.

What is theft

With information there is a debate about whether information can be stolen as both groups still end up with the information. This quote from Thomas Jefferson represents that perspective:

"He who receives an idea from me, receives instruction himself without lessening mine; as he who lights his taper at mine, receives light without darkening me. That ideas should freely spread from one to another over the globe, for the moral and mutual instruction of man, and improvement of his condition, seems to have been peculiarly and benevolently designed by nature, when she made them, like fire, expansible over all space, without lessening their density in any point, and like the air in which we breathe, move, and have our physical being, incapable of confinement or exclusive appropriation. Inventions then cannot, in nature, be a subject of property."IP FAQs

However one can also equate copyright infringement as invasion of privacy, like publishing another's credit card number or phone number, without permission, in public. Copyright can be used to protect authors from plagiarism, and to ensure authors, musicians, scientists gain income and recognition for work they have created. Copyright cases are often based around potential loss of income as a result.

Patents

  • origins
  • recent
  • regional
  • current - POV: Patents on medical research. South Africa is not a party to the DMCA because people are dying of AIDS while patent groups shut down generic drug companies in India which were able to provide medicine at a cost African people could afford.

Copyright

Copyright is a set of exclusive rights granted by governments to regulate the use of a particular expression of an idea or information. At its most general, it is literally "the right to copy" an original creation. In most cases, these rights are of limited duration. The symbol for copyright is ©, and in some jurisdictions may alternately be written (c). http://en.wikipedia.org/wiki/Copyright

The major change which is contentious and relevant to campaign.wiki is that there has been a broad shift from defensive copyright policy to offensive copyright policy. This means that fair use and fair dealing are now required to apply to be exempted from a copyright state, where as previously copyright was seen as an exception or special case to a default set of access rights. The new DMCA Digital Millenium Copyright Act also allows, through use of TPM's the copyright holder to limit other technologies which interact with the copyrighted product. This is seen, by groups wanting reform, as putting a fence around other people's copyright and freedoms rather than being a defense of the copyrighted content only.

DRM and the DMCA

Digital Rights Management (DRM) is a system, usually involving encryption, designed to prevent unauthorized used of content. Examples of DRM include the CSS encryption found in nearly all commercial DVD movies, and Apple's FairPlay encryption found in music downloaded from the iTunes Music Store. Use of these DRM schemes are mandated by movie studios and record labels (respectively) to prevent copyright infringement, but they also prevent non-infringing uses such as making backup copies of DVDs and playing iTunes music on non-Apple portable devices.

The concept of DRM is fundamentally flawed, because software and devices used for authorized playback of media need to contain all of the information needed to decrypt that media, making it relatively easy to defeat. Jon Johansen has cracked several of these systems, earning himself the nickname "DVD Jon". Instead of coming up with a better system, proponents of DRM convince governments to enact Digital Millennium Copyright Acts, which among other things, make it illegal to crack DRM, explain how to crack it, or to make or distribute tools to do so. This use of weak protection compensated-for by legal threats only serves to ensure that hones people with no interest in copyright infringement must either put up with crippled functionality or become criminals, while there is little to deter others from pirating content or otherwise infringing upon copyrights.

1/3 of DMCA complaints don't hold up under scrutiny, and 1/2 are filed by companies against competitors. People tend to err on the side of taking down infringing material rather than face lawsuits: http://connect.educause.edu/node/1666 http://www.securityfocus.com/brief/62 http://lawweb.usc.edu/news/dmca.html

Broadcast flag

TPM

Technological protection measures are any kind of barrier between the user and the copyright material. Anything which has a call response to any other thing, has an interface. These interfaces are becoming a part of the copyright issue as distributors are building packaging for their content which uses TPM locks so that it can be difficult to interface with the material. These digital locks have been developed by copyright holders or distributors to manage how the user/owner/developer/inventor interacts with the material. TPMs have caused a large part of the concern because:

  • It means that the purchase of a digital information product is now a lease on that product for the amount of time and for the specific purposes permitted by the TPM.
  • A TPM has to assume to lock you out of material, ie no fair use, until you prove you are a current customer with permission to do what you want to do. This has proven to be a problem for example when people upgrade their computers and the TPM thinks it is not the same customer.
  • TPMs enable a software to be black boxed so you can't see if it has spyware included, or incldues someone elses copyright material, or to see if it needs improvement if there is a bug. ie They provide privacy for the publisher but not for the owner of the computer, as both of the monitoring systems installed by Sony and MS were specifically intended to report back to the parent companies about the customer's use of their computer.
  • The exemptions for when it is permissable to work around a TPM are contracting with each iteration of the DMCA act. A request to have an exemption for risk to critical systems and loss of life is being contested by the DMCA lobby in the current round.

Technologies impacted by DRM

  • Any technology which has a call response to another technology can be 'protected' with a TPM. (Printer cartridges, car ignitions)
  • Any technology which could be used for an illegal purpose but does not have a large commercial base can be considered a circumvention device.
  • These laws are being used to threaten/sue people who develop technologies, because other people found an illegal use for them.
  • Technologies which help to format shift or to communicate between different systems, or to share files between people are being targeted.(file sharing, bitstream, I2P, Tor, font embedding, sound mixing)
  • Any networking technology that interacts with a copyrighted system could be blocked from being developed or sued for being used. (Samba, any mixed platform environment)
  • Black boxing of critical systems so that the owner cant see what's inside (Sony's DVD, MS WGA, Digital voting, Power station monitoring, economic or environmental modelling
  • Strong encryption

International

Global

  • Global Voices:
  • Reporteur San Frontiere pages:

India

Background

  • Freedom of Speech Situation
    • ...
  • Legal Framework
    • ...
  • Regulatory Bodies
    • ...

Current Situation/Issues

  • The block

Organizations & Activists

  • Bloggers Collective

Iran

Background

  • Freedom of Speech Situation
    • ...
  • Legal Framework
    • ...
  • Regulatory Bodies
    • ...

Current Situation/Issues

Organizations & Activists

Pakistan

Background

  • Freedom of Speech Situation
    • ...
  • Legal Framework
    • ...
  • Regulatory Bodies
    • ...

Current Situation/Issues

  • The block

Organizations & Activists

  • Society Against Internet Censorship in Pakistan
  • Help-Pakistan
  • Don't Block the Blog Campaign
Retrieved from "https://issuepedia.org/mw/index.php?title=Talk:DMCA&oldid=12946"