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DRM Technology

The Bizarre Process Used For Approving Exemptions To the DMCA 69

harrymcc writes: The Digital Millennium Copyright Act imposes severe penalties on those who overcome copy-protection technologies. It allows for exemptions for a variety of purposes — but in a weird proviso, those exemptions must be re-approved by the Librarian of Congress every three years. Over at Fast Company, Glenn Fleishman takes a look at this broken system and why it's so bad for our rights as consumers. "The Librarian has opted to require one or more 'champions' or proponents of a carefully defined category, like "Audiovisual works – educational uses – colleges and universities," to file a brief. His office also opens the floor to rebuttals from opponents. Further, the Librarian sunsets every exemption every three years—something not required by the law, and which requires champions to arise again to launch a new defense. The office also doesn't propose its own examples of circumvention that should be permitted, even though the law permits it to do so."
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The Bizarre Process Used For Approving Exemptions To the DMCA

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  • by Ichijo ( 607641 ) on Tuesday June 02, 2015 @06:27PM (#49826751) Journal

    If only the DMCA itself had one.

    • How true. The scope that it covers with worded ambiguity is ridiculous, especially when dealing with companies that refuse to give consumers power to enjoy what they have spent money on, even when faced with companies abandoning some products entirely (except as a way to create lawsuits).

    • Sunset provisions on the restrictions of rights are good, we should always err towards the side of greater liberty*. If an exception to a law like the DMCA is approved which increases citizens' liberty (jailbreaking phones, timeshifting media, etc) then that exception shouldn't have a sunset date. A restriction of citizens' rights on the other hand such as the DMCA itself should.

      *Shouting fire in a theater, public health risks like measles or krokodil, can be reasonably argued as net reductions in liberty d

      • To expand on your footnote, a good way to formalize your point is that your rights/liberty stops where another's starts. Shouting fire in a theatre is not covered under your right to free speech, as it impinges on the rights of others' safety and security. Therefore the maximum state of liberty is where you are permitted as many rights as possible without simultaneously reducing the rights of others. This is the ideal that all laws should tend towards (and this one obviously does not).

        • by Anonymous Coward

          And that's what "GPL is more free" is more free FOR.

          BSD is the freedom to yell "Fire!" in a Theatre. GPL is the right to be free of lies.

        • Shouting fire in a theatre is not covered under your right to free speech, as it impinges on the rights of others' safety and security.

          It does no such thing. Now, panicking and trampling others in your haste to escape the "fire" does infringe others' rights, but that isn't directly caused by shouting "fire" and would not be justified even if the fire were real. The responsibility for that harm lies squarely with those who panic.

          If someone fraudulently claims that there's a fire, and you take justifiable action based on a reasonable belief that they're telling you the truth, then they would be responsible for any harm that results from thei

  • by ZippyTheChicken ( 3134311 ) on Tuesday June 02, 2015 @06:50PM (#49826895)
    For a few years now i have been using Microsoft Media Center to DVR video that I capture from my Cable TV Company There are now two really pending problems that will effect me and everyone else. As of Windows 10 Microsoft will no longer distribute Media Center.. I have already applied for the free upgrade to Win10 but I don't think I can upgrade past Win7 now because of this. That means I will be forced to run a deprecated OS if I want to continue to watch the content I recorded for my personal use. The CopyOnce tag that is now in most of my Cable TV channel signals will now limit me from recording shows I can't watch live or want to save to rewatch. Between Windows 10 and Comcast locking up even stations like SyFy, Comedy Central, Bravo, USA, AMC, Spike and many others with CopyOnce protection there is no way to use a CableCard Ceton Tuner or SiliconDust and another device like a Android or Roku to get TV signal that is CopyOnce protected to your television and you can completely forget Recording it for later. So basically CopyOnce and the problems with MediaCenter and Other Software means everyone who wants to take advantage of the FCC Regulation that allows / Forces Cable Companies to allow customers to buy a CableCard tuner and not rent one... that is over... or you can use a deprecated OS to connect your Xbox or something to your tv... This means I am locked into Comcast's DVRs which are extremely expensive for me to afford .. I do not own any because of that. and I will have lost a couple years worth of shows I have recorded .. many that are no longer broadcast on TV even in Reruns... Additionally The Simpsons has just announced that they will no longer distribute on DVD Microsoft says that Windows 10 Will NOT have DVD support This means you will have to rely on a thirdparty product to watch your DVDs if you can find one that works with copyright protection. I don't own any myself. This is very expensive .. we are talking thousands of dollars and more for the average home. The Simpsons will now only distribute by streaming Comcast is introducing some hardcore data caps that will charge you for every gig of data over 10 gigs per month... it has already been implemented in Kentucky and people with fast connections who stream can end up paying a hundred or more a month just to watch online content from ANY SOURCE. CopyOnce should not be allowed on normal Cable TV Stations. It should be allowed on Premium Pay Stations like HBO or the Porn Channels.. neither of which i subscribe to because of cost.
    • by stooo ( 2202012 )

      >> Microsoft will no longer distribute ... That means I will be forced to run a deprecated OS

      Use Linux

    • Holy crap, I'm surprised anyone put up with as much as you did for as long as you did. That's really above and beyond what anyone should have to deal with. Have you considered looking into an open source OS like Linux Mint or Ubuntu? You can install it side by side with Windows or run it in a virtual machine without negatively affecting your existing Windows installation. That will give you the control over your media collection that you really need. You have more than paid dearly for those files, you shoul
  • The Library of Congress being about preserving the cultural heritage of the US, it was an odd choice in the first place to give the Librarian of Congress a national regulatory function.

    The real problem is the asymmetry: the costs of over-regulation are born by the public as a whole, but in very small increments. The notional costs of under-regulation will be born by obvious "aggrieved parties" with deep lobbying muscle. There's also the usual problem that assumes that the "stakeholders" in any copyright d

  • good principle! (Score:5, Interesting)

    by NostalgiaForInfinity ( 4001831 ) on Tuesday June 02, 2015 @07:05PM (#49826959)

    those exemptions must be re-approved by the Librarian of Congress every three years

    We should apply the same idea to Congress and the laws it passes: every law should have to be re-approved by every new Congress individually.

    • by Anonymous Coward

      They'd just bundle it together like they already do.

    • I have long held the idea that any law or amendment have some sort of measurable goal, and if that measurement shows no progress in the intended direction in the laws' number of years, that it be automatically rescinded without an extension passed through the same process.

      By your logic, Congress would spend 99.9% or more of its time on renewing things that make sense.

      I recommend that Congress set a measurable goal, which requires no additional time from Congress, other than that they be aware of the consequ

      • By your logic, Congress would spend 99.9% or more of its time on renewing things that make sense.

        Correct. It would limit the total number of laws to something normal humans can deal with and force Congress to prioritize.

        • by Kamots ( 321174 )

          Naw, what would instead happen is that you'd get something like the debt-ceiling. You'd get a "Bill to re-pass every pre-existing bill" and it'd be waved through until you got obstructionists in office and they let all laws expire for a week or two with partisan bickering/amendments.

          Can't see this helping.

          • That's why I said: "every law should have to be re-approved by every new Congress individually". (And, yes, you'd need limits on the size of laws.)

            • by Livius ( 318358 )

              And every piece of legislation gets rewritten into a single bill.

              They don't even bother reading them now - it would get that much worse.

            • Limitations on the size of laws? They'll just get more ambiguous, and the law will be even more determined by judicial decisions and precedents, things that are a lot harder to find than black-letter law. Moreover, Federal law will vary even more from Circuit to Circuit.

              After all, a lot of verbiage is for the sake of precision. Make that expensive and precision will suffer.

        • by dbIII ( 701233 )
          I suggest you read "Utopia" by Thomas More (it's online in English and not very long). One of the bits to show it was deliberate satire was that the laws were so simple that anybody could understand them yet completely fair and without loopholes. Thomas More was a lawyer by trade.
          So seen as a ridiculous joke in 1516 - is life so much more simple now that it's no longer ridiculous?
          While some simplification is a good idea I don't think we can dumb it down enough to get rid of the lawyers without risking som
          • You really need to read more carefully. I didn't argue for the abolition of lawyers or laws. I made a statement about federal law and Congress. There are plenty of complex arrangements people need in their lives, but they don't need to be imposed at a centralized, federal level by Congress.

            As for Thomas More, the fact that he was historically important and that his ideas were influential to some degree doesn't make them right. More's Utopia effectively describes a progressive ideal; to what degree it was sa

            • by dbIII ( 701233 )
              Ah! A State's Right's sort of person who wants to go back to the thirteen colonies instead of the nasty Union where people in other States get to have a say in your affairs - I should have known.

              to what degree it was satire is debatable

              With respect, the strings between husbands and wives so that they can find their way back when drunk is a pretty enormous fucking clue!

              I tried being polite but you are not only a fucking idiot but one that wants to throw away what George Washington gave you.

              • by N1AK ( 864906 )

                I tried being polite but you are not only a fucking idiot but one that wants to throw away what George Washington gave you.

                I tend to lose a lot of sympathy for people when, like in this case, someone responds to a reference they don't have personal experience of, by doing a two minute Google/Wikipedia search and then respond like they have actually studied it.

      • by DarkOx ( 621550 )

        I think its an interesting idea but as you say congress would be almost entirely bogged down in re-upping existing /good/ laws. Even if a vote to 're-approve the federal statute against murder' takes only 60 seconds to execute you still won't get much done in a congressional session.

        What I think might be more interesting is to require every legislative act to have preamble like the Constitution does. It should be required to be written in plain language at a 4th grade reading level, stating the acts broad

    • We should apply the same idea to Congress and the laws it passes: every law should have to be re-approved by every new Congress individually.

      You seriously want this completely ineffectual Congress to have to do that? Not to mention the time this would take, but with the realities of today's Congress and the "my way or the highway" Tea Party supporters in it, no law would ever again pass if it had to do that. I guess if you're in favor of anarchy this is one way to do it. Keep in mind that the Patriot Act renewal was defeated by exactly one man, a junior senator in the majority party who was powerless to stop him despite many influential and s

  • by Anonymous Coward on Tuesday June 02, 2015 @07:19PM (#49827015)

    ... which requires champions to arise again to launch a new defense ...

    The US library of Congress ensures that copyright holders have more rights than consumers. I think Benjamin Franklin would be horrified by this unfettered exercise in fascism.

    • He'd probably also be horrified that poor whites, women, and blacks could vote. There's a reasonable argument to be made about the intentions of the founders, but keep things in check.

  • by Anonymous Coward

    I'm no lawyer but section 1201-a-1-A readS:
    "No person shall circumvent a technological measure that effectively controls access to a work protected under this title. The prohibition contained in the preceding sentence shall take effect at the end of the 2-year period beginning on the date of the enactment of this chapter. "

    Personally I'm shocked nobody has ever tried to defend a DMCA decryption request on the grounds that the control does not 'effectively' control access to the work, because it is easily br

    • by Dog-Cow ( 21281 )

      Really? Are you also shocked to find out that you are a complete ignoramus and a total shit head, to boot?

    • by bws111 ( 1216812 )

      Read a little further. Section 1201-a-3-B states:

      "a technological measure “effectively controls access to a work” if the measure, in the ordinary course of its operation, requires the application of information, or a process or a treatment, with the authority of the copyright owner, to gain access to the work."

      Once it is 'easily broken' the violation has already taken place, since effective is defined as in normal operation.

      • Locks are similar. A door for a business normally open to the public is not open if locked, and it doesn't matter how good the lock is. Of course, you couldn't legally benefit from any wisdom in this post (measured by letters, not by ideas; concepts may settle in shipping) if I'd used ROT13.

    • I believe that issue came up way back in the (1999? 2000? 2001?) MPAA-vs-2600 trial. It was waved aside immediately. "Effective" doesn't mean what you think it means. See 1201(a)(3)(b) [cornell.edu].

      IMHO the part that hasn't been discussed much, is the role of the "without the authority of the copyright owner" just one line higher up, in 1201(a)(2)(a). If you buy a DVD, do you have the authority of the copyright owner to bypass the DRM?

      If you're authorized to bypass, descramble, etc then you are not "circumventing" t

  • by Ecuador ( 740021 ) on Tuesday June 02, 2015 @10:55PM (#49827835) Homepage

    Just get the right librarian for the job.
    Ook.

    • Just get the right librarian for the job.
      Ook.

      What, you don't like our current one who unofficially goes by the moniker '343 Guilty Spark'?

      Strat

  • American corruption at it's finest. A make work project if I ever saw one. The USA will continue to decline until everyone is either a lawyer or contributing to a lawyer's lifestyle.

  • https://www.youtube.com/watch?... [youtube.com]

    Hate to link youtubelos here, /ignore , if You so wish

    t;k

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