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SFLC, EFF seek DMCA exemptions
It's that time in the three-year cycle of the US Digital Millennium
Copyright Act where interested parties can petition for exemptions to its
anti-circumvention provisions. The Software Freedom Law Center has put out
a
press release on its request for an exemption allowing owners of
personal computing devices to install any software they choose on those
devices. The Electronic Frontier Foundation, instead, is asking for an extended right to jailbreak
devices, once again, so that different software can be installed.
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SFLC, EFF seek DMCA exemptions Posted Dec 6, 2011 0:31 UTC (Tue) by pr1268 (subscriber, #24648) [Link] As much as I like the SFLC's request, I'm a little apprehensive about its approval given that it sounds a little vague. It would certainly accommodate non-Windows users' (myself included) desire to be able to install other OSes on Secure UEFI boot devices. On the other hand, the EFF request seems more specific—and it has been implemented once before, thereby setting a precedent of sorts. What I'm unclear about is whether the Copyright Office deems a Secure UEFI boot device to be "jailed" to begin with (I personally think so).
SFLC, EFF seek DMCA exemptions Posted Dec 6, 2011 1:03 UTC (Tue) by stumbles (guest, #8796) [Link] "a Secure UEFI boot device to be "jailed" to begin with (I personally think so)." I agree with that. Anything more than a bios providing the means for a computer to pat itself down with things like; I got ram, a video card, setting up some memory tables, etc to reach a state that an operating system can boot is jailed. Its jailed because it can prevent any OS being installed.So what about OSes like MenuetOS, BEOS (forget its reincarnated form) and more importantly; the next Linus that is not happy with any existing OS? They will be left in the cold. I have yet to read any analysis that would convince me for any real need of UEFI. Time would be better spent by the BIOS vendors to clean up their crap or simply all shift to OpenBIOS and be done with it.
SFLC, EFF seek DMCA exemptions Posted Dec 6, 2011 16:40 UTC (Tue) by wookey (subscriber, #5501) [Link]
And the BIOS vendors re-wreite it all for other architectures like ARM?
Your comment is x86-centric.
UEFI isn't pretty but it is at least a standard.
SFLC, EFF seek DMCA exemptions Posted Dec 6, 2011 18:00 UTC (Tue) by josh (subscriber, #17465) [Link]
> As much as I like the SFLC's request, I'm a little apprehensive about its approval given that it sounds a little vague.
Do you mean that you suspect it might not get approved due to breadth (quite possible), or do you actually have concerns about blowing a giant hole in the DMCA? I'd like to see the broadest possible exemptions to it, or preferably I'd like to see it destroyed utterly.
SFLC, EFF seek DMCA exemptions Posted Dec 6, 2011 23:58 UTC (Tue) by pr1268 (subscriber, #24648) [Link] > Do you mean that you suspect it might not get approved due to breadth (quite possible), or do you actually have concerns about blowing a giant hole in the DMCA? Your first possibility. My apprehension stems from the fact that the SCOTUS has struck down laws with similar vagueness, but then again the SFLC's request is merely that—a request, not binding legislation. I agree with your other points, but having the DMCA disappear totally is an unlikely event. Oh well.
In addition... Posted Dec 7, 2011 0:14 UTC (Wed) by pr1268 (subscriber, #24648) [Link] Forgive me for replying to my own comment, but having just now read the article about NMap bundled with malware on C|Net's site, I'm thinking that the DMCA may actually help the NMap authors (my attitude after reading our editor's comment in particular). How ironic.
In addition... Posted Dec 7, 2011 0:58 UTC (Wed) by josh (subscriber, #17465) [Link]
Yeah, the takedown and safe harbor provisions seem almost sensible, compared to the anti-circumvention provisions. I still think the takedown mechanism should pass through a court system first and require a court order, but the safe harbor provisions seems nearly optimal.
I wonder how much it would improve matters if filing a DMCA notice required putting up a bond against incorrect notices, claimable when a non-infringing work gets taken down by mistake.
The DMCA is a lot better than what might replace it Posted Dec 8, 2011 2:46 UTC (Thu) by JoeBuck (subscriber, #2330) [Link] The DMCA has anti-circumvention provisions (very bad), and it also has provisions to protect site operators from liability if a third party (a commenter, or a blogger buying hosting services from the site operator) violates someone's copyright (pretty good). The copyright owner can't get the site banned from the net, and can't sue for zillions in damages. Instead, there's a procedure called "notice and takedown".The notice and takedown provisions of the DMCA are vastly better than anything that could replace it. The alternative (desired by the "content industry") would be to make a site owner liable for any comment published on the site. Open forums would go away, as one illegal post might result in hundreds of thousands of dollars in liability.
In addition... Posted Dec 8, 2011 5:45 UTC (Thu) by rahvin (subscriber, #16953) [Link]
Personally I think the take-down provisions are very well executed. In fact certain industries think they are far to liberal and are trying to make them about 1000 times worse with SOPA. Consider that the take-down process is a very fair process that has a counter take-down built in that allows the material backup as soon as the counter notice is given. I consider this extremely fair in that if the actual request is bogus or incorrect the poster can counter notice and get the material reposted immediately. This system was setup to facilitate an actual court case in the event the request is challenged by the original poster and it provides complete immunity to the 3rd party hosting the material in question.
There are things that could be fixed in the process, that the original notice doesn't require an assertion under perjury that the material in question is actually the copyrighted material claimed or that there isn't built-in penalty processes in the event someone abuses the process or even an acknowledgment that fair use is a valid consideration and claim for counter damages are problems. But all in all the process is relatively fair, especially in comparison against what is in SOPA. Keep in mind SOPA does away with the safe harbor provisions, eliminates the counter notice and other nasty changes while increasing the limitations of the anti-circumvention sections.
I'm deviating, but personally I think the DMCA take-down notice system is quite fair and reasonable. Not only that but if followed to an actual court case the notices should simplify the litigation and process. There are a few problems with the system (I listed a few above) but it could be far worse.
In addition... Posted Dec 8, 2011 17:08 UTC (Thu) by brunowolff (guest, #71160) [Link]
You don't get your stuff back up immediately after doing a counter notice. You get to wait 10 days. (The service provider might be convinced that your use is fair or that an identification error was made and put it back sooner, but that don't have to and they assume some risk if they do.)
The process should really be slower. The site owner should get some time to respond before their site is blocked and if they counter notice it should not get taken down until there is a court order.
In addition... Posted Dec 8, 2011 17:59 UTC (Thu) by josh (subscriber, #17465) [Link]
I agree entirely with your suggestions. The user or site owner should have the opportunity to file a counter-notice *before* the content goes down, and the process should require a court past that point.
SFLC, EFF seek DMCA exemptions Posted Dec 6, 2011 1:58 UTC (Tue) by dlang (✭ supporter ✭, #313) [Link]
the two requests are very similar.
last time the EFF got permission to jailbreak phones to add additional software on them.
this time they are asking to not only put additional software on the current OS, but also to be able to replace the OS. They are also extending this from phones to include Tablets and Game consoles
the SFLC is asking for the same permissions as the EFF, but they are asking for the rights to do this on any device you own, not just the subset the EFF is asking for.
note that nothing that either organization is asking for requires that companies make it easy to replace the OS on the devices, the companies would still be free to lock the devices down with the firmware checking signatures on the OS image and on up.The only thing that would change is that people who break the restrictions the companies put on the devices could not be threatened with jail time, etc for violating the DMCA
SFLC, EFF seek DMCA exemptions Posted Dec 6, 2011 13:31 UTC (Tue) by bats999 (subscriber, #70285) [Link]
Yes, that's an important distinction. These exemptions are really about protecting community development from criminal prosecution. That would be a non-trivial accomplishment.
SFLC, EFF seek DMCA exemptions Posted Dec 8, 2011 5:53 UTC (Thu) by rahvin (subscriber, #16953) [Link]
It should be noted that because of the exception given to jailbreak phones congress passed a law saying that if the phone is "paid for" cellular company must provide the tools or code to fully unlock the phone and allow it's use on other companies networks. (not switch OS or unlock the software, as the jailbreak definition in the cellular exception was for use on other carriers only)
It's not inconceivable that Congress could take future "exceptions" and using the logic for the exception and enshrine them in law forcing companies to (at the request of the owner) unlock a device to other software and operating systems.
History is replete with examples of laws put on the books that were previous regulatory decisions made with powers delegated by congress.
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