DMCA
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Digital FAIR USE bill introduced to amend DMCA
Ah, the day we've all been waiting for has finally arrived -- well, sort of. Yeah, it is still a bill, but it's a refreshing start on a long overdue amendment. While content guardians (we're looking your way, MPAA / RIAA) have done their fair share of beating around the issue and insisting that DRM-laced content was the only way to go, consumers haven't exactly been thrilled about such limitations since day one. In yet another glorious case of red and blue coming together for the good of mankind, Rich Boucher (D-Va.) and John Dolittle (R-Calif.) introduced a breath of fresh air they call FAIR USE, or Freedom and Innovation Revitalizing U.S. Entrepreneurship. The idea, of course, is to simply "make it easier for digital media consumers to use the content they buy" by amending the Digital Millennium Copyright Act; according to the duo, the DMCA simply "goes too far by dramatically tilting the copyright balance toward complete copyright protection at the expense of the public's right to fair use." Boucher further substantiates his case for the most down-to-earth politician of all time by suggesting that if the DMCA remains unadulterated, "individuals will be less willing to purchase digital media" due to the unacceptable restrictions that come along with it. We'd ask for an amen, but we don't want to set off any minor earthquakes.[Thanks, Kevin M.]
US Copyright Office grants abandonware rights
Here's something abandonware enthusiasts can be thankful for: the Library of Congress yesterday approved six exemptions to US copyright. The one most pertinent to gamers is that, for archival purposes, copy protection on software no longer being sold or supported by its copyright holder can be cracked. What does this mean? Well, those retro games -- classic or otherwise -- that you can't seem to find anywhere can now be preserved without fear of ramifications. Although it is still unlawful to distribute the old games, free or otherwise, rarely do any abandonware cases go to court. The ruling is more symbolic than anything, but a step in the right direction. Other rulings involved the rights of consumers to crack cell phone software locks for use on other carriers, the rights of educators to make compilations of DVD scenes, and the rights of blind people to use third-party software in order to read copy-protected electronic books. These rulings come as clarifications of the Digital Millennium Copyright Act (DMCA). All new rules take effect on Monday and last for three years.
MPAA strikes again, says transporting DVDs to iPods is wrong
We don't seeing anything with helping a man out, or cutting him a sweet deal if he picks up a bundle of goods, but apparently the MPAA isn't down with companies loading the DVDs that consumers purchase onto their iPods as a friendly convenience. In another round of studios forcing consumers to purchase content multiple times for no good reason at all, Paramount Pictures has filed a lawsuit against the all but helpless Load 'N Go Video, which provided customers picking up an iPod and a few DVDs with a converting service to get flicks onto their handheld as a thank you for their business. According to the suit, the actual ripping of the DVD is illegal under the almighty DMCA, making the entire process illegal, fair use or not. Evidently selling millions of copies of Mission: Impossible III isn't good enough, as it appears that customers will be asked to shell out multiple times for the same (admittedly subpar) content. While pirating copies for personal gain is certainly aggravating the law, transcoding content for personal use sure seems harmless to us, but you'll have an exceedingly difficult time convincing Hollywood of that.
Microsoft's war waged with FairUse4WM
Legal analysis courtesy of Scott McMillan, Zachary Sharpe, and Trevor Adler of The Columbia Science and Technology Law Review. The press and blogosphere have recently been abuzz over programs that remove copyright protections technologies known as Digital Rights Management (DRM) from purchased or rented media files. These DRMs restrict a consumer's use of the media – morality notwithstanding, they are the only thing preventing you from copying your music or video files onto all of your friends' computers. DRM-stripping programs remove such restrictions from the file (and typically violate your terms of service agreement, to say the least). In September, Microsoft filed suit against the hacker(s) responsible for one such DRM-stripping program, FairUse4WM, purportedly created by the now notorious Viodentia. Other such programs reportedly target the DRM protections of the iTunes Music Store and AllOfMP3, among others. What will become of Microsoft's lawsuit? What does this have to do with "fair use" and the Digital Millennium Copyright Act (DMCA)? What follows is a brief overview in two parts. In the first, we'll discuss current issues surrounding fair use with regard to the DMCA, and in the second we'll approach Microsoft's legal actions against Viodentia for FairUse4WM.What fair use is, and how it works alongside the DMCA"Fair use" is a doctrine under US copyright law that permits certain acts that might otherwise be considered copyright infringement. Copyright law gives authors the right to exclude others from their work, and can sometimes get in the way of the ultimate goal of copyright, which is to promote progress in art and science. The theory here is that without copyright protections, many artists and authors would be discouraged from distributing their work. The fair use exception allows copyright protections to remain in place while enabling consumers some degree of freedom in their use of purchased media. For example, it was generally understood that ripping CDs for personal use was legal because it fell under the fair use exception. However, fair use was dealt a serious blow with the enactment of the DMCA in 1998 and the widespread use of DRM protections. Indeed, fair use is not a defense to a DMCA claim.
Sony busts down mod-chip retailer with $9 mil. lawsuit
Everybody's favorite far-reaching, possibly free speech-infringing law, the DMCA, is being put to use again for busting down on Divineo, a seller of mod-chips. Sony has slapped them with a $9 million lawsuit for selling the chips, along with HDLoader, which allows a PS2 to rip games and store them to a HDD for "jukebox" access. Until recently, Divineo was selling a whole bevy of Xbox, Xbox 360, PSOne, PS2, GameCube and other system mod-chips. They've also got other slightly more innocuous devices like that snazzy 4GB DS-Xtreme which gives you homebrew action on the DS without any hacking. Though, we're not sure such attempts of theirs at semi-legibility will do much to appease Sony. There's no official response from Divineo yet, but since they're a France-based company, it seems like the best Sony can do with the DMCA is get them out of the states. The last time we saw the DMCA in action like this, a trio of Xbox modders were facing up to 5 years of prison time, but they ended up with just a few years of probation, and one of 'em got slapped with 6 months of home detention, Martha Stewart-style. They also had to pay $2,600 to the ESA, so it really seems like Sony has decided to up the stakes for Divineo's offenses. Interestingly, while those Xbox modders were loading cracked games galore onto the boxes of customers, Divineo only sells tools that make piracy possible -- interesting indeed.
Blizzard 1, BC rumor sites 0
The pluralization is a bit pre-emptive here, as only one site I know of has had its contents pulled offline due to Blizzard's requests. That site, the Caverns of Time, was a great compilation of rumors and occasionally legitimate information about the upcoming expansion (the screenshot above, pulled from the site, was obviously not an accurate representation of the druid changes). They've received notice from Blizzard giving them 48 hours to remove contents of the site or else face "formal action," and they seem to have complied. You can check the site, still, for a copy of what I assume is Blizzard's complaint. Ah well -- I'm sure three sites will spring up tomorrow to replace it, thus providing us a steady stream of interesting Burning Crusade gossip!
Blu-ray and HD DVD copy protection defeated by...print screen?
After all the debate over AACS, ICT, BD+ and all the rest, both Blu-ray and HD DVD's copy protection system has already been hacked, if you can even call it a hack. In the oddest way to sidestep DRM since the infamous shift-key to disable AutoRun incident, German mag C't has discovered you can record protected high-def flicks in full resolution via automating the print screen function of the provided Intervideo WinDVD software. Both Sony's Vaio and Toshiba's Qosmio laptops with Blu-ray and HD DVD drives respectively come bundled with the software, and are vulnerable to the hack. Quite simply, it can be used to capture the movies frame-by-frame, and then reassembled to create the entire movie. Not the most elegant solution, but they claim it works.Toshiba has already confirmed the problem, and has announced updates for the software and drivers that disable the print screen function. Interestingly, if you have the software it does not appear to violate AACS and would potentially not face being locked out by a future AACS key update. Expect a pirate run on all remaining non-upgraded laptops and to see the aforementioned WinDVD OEM software floating around your local file sharing network any time now. All those delays, and all those licensing fees, defeated by a button thats been around as long as we can remember. The article detailing their find will be published Monday July 10, unless the DMCA ninjas get to it first.
OSX86 Forums Closed by DMCA Violation Notice
For those people attempting to get Mac OS X 10.4.x for Intel installed on machines other than Macs, the best place to get that information was the forums at the OSX86 Project. The forums are now closed indefinitely because the project was served with a DMCA violation notice and the project manager(s) are working on culling the questionable content.The front page of the forums has been replaced with this notice:Welcome! We're sorry to report that despite our best efforts, the OSx86 Project has been served with a DMCA violation notice. The forum will be unavailable while we evaluate its contents to remove any violations present. We thank you for your patience in this matter.
iPod as a catalyst for DMCA reform?
CNET News has a really interesting perspective piece highlighting the video iPod's potential for being a catalyst for DMCA reform, specifically: the (outlandish) portion that makes it illegal to sell or distribute DVD-ripping software.The idea behind the article is that, until now, these measures of the DMCA haven't really hit the radar of an audience outside the comparatively small segment of digital-rights advocates. Declan McCullagh, the articles author, believes that the video iPod could finally be the spark large enough to get a much greater portion of consumers interested in (and angry about) the non-DVD-ripping limits on today's software. While McCullagh mentions a few DMCA-reform bills that are already floating around, he's also quick to point out that none of them, at present, have a very bright future.The video iPod, according to McCullagh's logic, might be able to help all of this. With its wide popularity, he thinks more and more users are going to start questioning why it's so easy for iTunes to rip a CD to their library (and iPod), and yet the software balks at a DVD movie. Yes - before you start firing up the comment form, there are still ways of getting a DVD off a plastic disc and onto your favorite media player, iPod or otherwise. But for the greater community of users out there, DVD ripping is still a thing of mystery and magic.I recommend you check out the full article as I think it's a really interesting read, but there's one thing I want to add to the discussion; a factor that neither the industry nor these politicians seem to examine: price. I wholeheartedly believe that if these companies cleaned all of their "market research" and "value perception" statistics out of their ears, they would realize that people are stealing content because they know the providers are taking them for a ride - and they won't put up with it anymore. Everyone knows CDs cost pennies on the dollar, and DVDs cost even less than VHS tapes to produce, yet they retail for a far higher price. The rampant (and as-yet unstoppable) success off the iTMS is real world proof that people will pay for the content, maybe even more content, as long as it has a fair price.But alas, as with all other political affairs, our ability to copy DVDs that we own will only change at the speed of bureaucracy.
