Category Archives: Law: Copyright and DMCA

I Start A Legal Academics’ “Copyright Experiences Wiki”

Prompted by discussions on various law professor mailings lists of abusive copyright demands by law reviews and legal publishers, I've set up a quick wiki for legal writers to document their copyright experiences.

I don't know if law professors — many of whom will have never seen a wiki before — can be persuaded to contribute to this, especially as the instructions I've provided are pretty light weight. But it would be nice if this caught on.

So if you have ever published in a law review or a book with an academic press that does legal topics, please consider adding your copyright experience to this database.

Posted in Law School, Law: Copyright and DMCA | 5 Comments

Ed Felton Explains the DRM Designer’s Mindset

Ed Felton has been peering into the mindset of the DRM designer. And what he sees is wheels missing a few cogs:

Freedom to Tinker: A Perfectly Compatible Form of Incompatibility: The whole point of DRM technology is to prevent people from moving music usefully from point A to point B, at least sometimes. To make DRM work, you have to ensure that not just anybody can build a music player — otherwise people will build players that don't obey the DRM restrictions you want to connect to the content. DRM, in other words, strives to create incompatibility between the approved devices and uses, and the unapproved ones. Incompatibility isn't an unfortunate side-effect of deficient DRM systems — it's the goal of DRM.

A perfectly compatible, perfectly transparent DRM system is a logical impossibility.

The idea is so odd that it's worth stopping for a minute to try to understand the mindset that led to it. And here [Leonardo] Chiariglione's [the creator of the MP3 music format and formerly head of the Secure Digital Music Initiative] comments on MP3 are revealing:

[Scientific American interviewer]: Wasn't it clear from the beginning that MP3 would be used to distribute music illegally?

[Chiariglione]: When we approved the standard in 1992 no one thought about piracy. PCs were not powerful enough to decode MP3, and internet connections were few and slow. The scenario that most had in mind was that companies would use MP3 to store music in big, powerful servers and broadcast it. It wasn't until the late ’90s that PCs, the Web and then peer-to-peer created a completely different context. We were probably naïve, but we didn't expect that it would happen so fast.

The attitude of MP3's designers, in other words, was that music technology is the exclusive domain of the music industry. They didn't seem to realize that customers would get their own technology, and that customers would decide for themselves what technology to build and how to use it. The compatible-DRM agenda is predicated on the same logical mistake, of thinking that technology is the province of a small group that can gather in a room somewhere to decide what the future will be like. That attitude is as naive now as it was in the early days of MP3.

Alas, what Ed leaves out is the attitude of the folks who hire DRM designers. They may know perfectly well that other machines can be built to defeat their systems. But they are prepared to make it all illegal (pace DMCA), and use the courts and the cops to spread fear and generally decrease respect for the legal system as it tries to hold back the tide.

Posted in Law: Copyright and DMCA | 1 Comment

Groklaw Scribes Eben Moglen

Groklaw has put online a transcription of my friend Eben Moglen's latest public speech. (Eben is a professor at Columbia law and also general counsel for the Free Software Foundation.) A Moglen speech is a performance. It is a provocation. It is darned good fun, and gives you much to think about. And this one is also about SCO, and patents, and freedom — it's always about freedom. Enjoy.

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Contracts and Bondage

I like this: Contracts and Bondage, a web site run by Maximillian Dornseif, he of the interesting disLEXia 3000 blog.

No, it's not what you think. It's worse: “A collection of EULAs and other 'contracts' one comes across when using a computer.” He invites submissions.

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Judge Holds SCO’s Feet to the Fire

Old news I'm just catching up on…
Sounds like justice grinding slowly forward to me: SCO Loses First Legal Round in Linux Battle

A federal [magistrate] judge told SCO it has 30 days to respond to IBM's demands for details about the Linux code SCO claims encroaches on its intellectual property.

Magistrate Brooke C. Wells said that SCO will have to answer IBM interrogatories 12 and 13, which demand that SCO produce “all source code and other material in Linux … to which plaintiff (SCO) has rights” and describe exactly how SCO believes IBM infringed these rights. The judge's order will be put into place on Wednesday, Dec. 10.

In addition, Ogden, Utah-based SCO must reveal all instances in which it has distributed Unix source code in ways that would lead to it being legally added to Linux. This ruling addresses a contention by Linux advocates that any Unix code in Linux was placed there by SCO itself.

In short, SCO will have to show IBM proof that its claimed “million lines of code” are actually in Linux, and that IBM, not SCO, was responsible for illegally placing the code there.

Which, if you've been reading your Groklaw it is exceedingly unlikely that SCO can do…

Posted in Law: Copyright and DMCA | 1 Comment

Linking as Civil Disobedience

Lawmeme asks How Direct is Too Direct When It Comes to Hyperlinks?

Let's see. Can't host the files. Can't link to the files. Can't link to a site with the files. Where will the madness end? This is the Internet. Hyperlinking doesn't supply easy dividing lines, and when you start telling people what they can and can't link, you start murderizing the Web.

Then they give links to

  • a site with the memos
  • a site that links to a site with the memos.
  • a site that links to a site that links to a site with the memos.
  • a site that links to a site that links to a site that links to a site with the memos.

Then, there's the kicker:

Here's a link to a site that links to a site that links to a site that links to a site that links to a site with the memos. Whoops, that's the Diebold home page.

My own personal view is that a hyperlink is and should be every bit as illegal as a footnote in an academic article.

Posted in Law: Copyright and DMCA | Comments Off on Linking as Civil Disobedience