The Circuit Court of Appeals Trims the RIAA's DMCA Wings (Groklaw) [LWN.net]

The Circuit Court of Appeals Trims the RIAA's DMCA Wings (Groklaw)

Posted Dec 21, 2003 21:31 UTC (Sun) by huaz (guest, #10168) [Link]

Free software is also ruled by DMCA. So it _is_ interesting to many people.

The Circuit Court of Appeals Trims the RIAA's DMCA Wings (Groklaw)

Posted Dec 21, 2003 23:44 UTC (Sun) by TimCunningham (guest, #10316) [Link]

Of course it's interesting, but it doesn't apply to free software in any way that I can see, except that both are connected by distinct parts of the DMCA. Anyway, no big deal.

The Circuit Court of Appeals Trims the RIAA's DMCA Wings (Groklaw)

Posted Dec 22, 2003 1:52 UTC (Mon) by ccchips (guest, #3222) [Link]

We have lost a lot of our freedoms in the United Stated by way of arrangements between police and civilians whereby those civilians are encouraged to turn in others (e.g. children turning in their parents) for not abiding by laws that the "criminals" don't believe in.

Think about it. I have heard, for instance, that it may soon be a *crime* to posess or sell tobacco in England.

It isn't that far of a reach to see a situation where free software is outlawed by some similar political or legal trick. Then, maybe more of us will consider if beneficial if a court says the police, or the RIAA, or the likes of Microsoft, can't force someone else to tell them who we are.

I have seen others slough off the legal woes of "un-related" individuals, only to later face exactly the same problem from another angle.

Freedom is freedom. Only lawywers and politicians believe in partitioning it off, and usually on behalf of the rich people who own and operate them.

The Circuit Court of Appeals Trims the RIAA's DMCA Wings (Groklaw)

Posted Dec 22, 2003 9:35 UTC (Mon) by biolo (subscriber, #1731) [Link]

I would love to see your sources on the comment about criminalising tobacco posession and ownership in England. I am a Brit, living in Britain (but I'm not English, the two are not one and the same thing), and I have never heard of this proposal. I think if this Government were to even consider doing this it would make them unelectable, and there is a re-election coming up in the not too distant future. Far too many people in this country still smoke for them to try this. They continue to put up the taxation on tobacco, but even that causes an outcry every time.

Additionally, the government makes far too much money on the tax from tobacco and the tobacco industry to try this one. I would think California is more likely to ban tobacco before the UK does.

As to your other comment, I don't think anyone put it more clearly than Pastor Martin Niemöller. Whilst he was obviously speaking about a situation far more serious than this, and not to downplay the horrors of Nazi Germany, the long term effects are just as dangerous, The world, led by the West, is riding a downward slope to a totalitarian regime, only this time it is the interests of big commerce rather than fundamentalism that is the driving force. I honestly don't think it will ever get that bad as sooner or later the populace is bound to wake up to the realities, but I do worry that by the time they do we will have gone too far down the slope for things to be rectified without some major upheavals.

First they came for the Jews
and I did not speak out — because I was not a Jew.

Then they came for the communists
and I did not speak out — because I was not a communist.

Then they came for the trade unionists
and I did not speak out — because I was not a trade unionist.

Then they came for me —
and by then there was no one left to speak out for me.

The Circuit Court of Appeals Trims the RIAA's DMCA Wings (Groklaw)

Posted Dec 22, 2003 19:06 UTC (Mon) by fandom (subscriber, #4028) [Link]

The problem with that bit about the laws criminals don't believe in, is
that people believe all kind of things.

For example, I am pretty sure Ed Gein didn't believe in laws about
homicide and the KKK is not like to believe in the bill of rights and
'nonsense' like that.

The Circuit Court of Appeals Trims the RIAA's DMCA Wings (Groklaw)

Posted Dec 22, 2003 2:33 UTC (Mon) by jre (subscriber, #2807) [Link]

A reasonable question.

There are more questions and issues related to digital freedom than one can shake an amicus brief at, and it is a judgment call whether a given one of these has something to do with free software. But this one is an easy call: whether the DMCA is interpreted narrowly or broadly has a lot to do with free software. Two examples may help:

(1) The RIAA has already threatened litigation to stop Ed Felten from publishing a research paper on SDMI. More recently, another feeble "digital security" measure was reviewed by a Princeton student, prompting similar threats. Free software is all about the freedom to inspect, modify, improve and distribute code. The RIAA is an organization with a strong motivation to choke off communication as a tactical means of resisting perceived threats to its interests. Defending the First Amendment is not at the top of the RIAA's priorities. It is, or ought to be, for free software advocates.

(2) The DMCA, and RIAA's use of it, have been cited approvingly by SCO as an example and an indication of how they intend to press their case. If the courts look kindly on a broad interpretation of the DMCA's provisions, such as the "automatic subpoena" under review in this case, it is a good bet that we will see companies with no love for free software use the DMCA to its detriment.

Re: what does it have to do with free software?

Posted Dec 22, 2003 12:39 UTC (Mon) by kmself (subscriber, #11565) [Link]

The "free" (as in freedom) part.