Why is this important to us? * The AFS is a publisher * We are all readers and authors. * Copyright law has been used to suppress expression and research * Many of our jobs depend on copyright protections. 1. Copyright as a Hack to encourage innovation. A balance between the interests of the creators of a work, the public, and people who wish to use that work for more creation, with a view to increasing the amount of work produced. * In the constitution Section 8 (powers of congress) paragraph 7 * Inheres in everything you create, registered with the US Copyright Office or not. Registration makes it easier to sue and increases your award if you win. * Made for an age of books and records. -- Copies require manufacturing -- Derivitive works require physical manipulation of media * Clearly needed at the time -- Beethoven, Shakespeare 2. Computers: Work of the Devil a) Making exact copies becomes trivial * What is an exact copy? * Some exact copies are legitimate * Transmitting an exact copy is trivial * Changing work in small ways to produce 'new' work becomes trivial ** Charles Frazier's _Cold_Mountain_ in pig latin * What is a link? b) Current solutions to this problem: * You do not own your computer -- the EULA and what it means to you i) You own your data but not the tools you used to create it. ii) You use your computer essentially at whim iii) If you attempt to use your sofware in certain ways, you are violating the EULA. * The Wild West: file sharing and peer-to-peer networks i) Are these a Bad Thing? ii) Hollywood: terrified, maybe rightly. iii) Microsoft: frightened, maybe rightly. 3. The DMCA: Saving Microsoft and Hollywood from Us * DMCA and World Intellectual Property Organization: international Conspiracy i) The DMCA and free speech a) The "DMCA Letter" Who sends DMCA letters? * Scientologists used DMCA notifications to remove anti-Scientology sites from google's search engine -- 20 Mar 2002 * Lexmark vs Static Control Components -- Dec 2002 (Lexmark claims that Static Control Components printer cartridges violate the DMCA by emulating the chip Lexmark uses to force you to use only their own ink cartridges in their printers) b) Using the DMCA for SLAPP suits * RIAA vs Richard Felten (Secure Digital Music Initiative cracked by Felten, but RIAA forced him not to publish his results) Aug 2001 * RIAA tries to stop Diamond Multimedia from even selling the first MP3 player -- 1998 c) Trafficing in circumvention machinery * ElcomSoft and Dimitry Skylarov * DECSS and Jon Johansen 4. Palladium/TCPA and Digital Rights Management: protecting us from ourselves Trusted Computing Platform Alliance a) How to tell a copy from the Real Thing on a computer * Technical reasons why this is a difficult problem * The only reasonable approach: global strong cryptography i) A chip inside your computer which it's a crime to change, which decides essentially how you are allowed to use your computer. a) How it will be sold: * DRM for everyone * Secure payment options * Secure ID * No more viruses b) How it will be used: * Rental software * Rental music and movies * Forced upgrades * Software lock-in * Payment for access to your own data. 5) The Last Step: closing the Analog Hole Consumer Broadband Digital Television Promotion Act Fritz Hollings, Mar 2002 (defeated for now) Would make it a crime to manufacture or sell any playback or recording equipment which does not contain DRM. * All current stereos, radios, tv sets, computers, and mp3 players would become "pre-ban" machinery. * No (legal) computer would ship without DRM enabled * Security monitors, cameras, PA systems, emergency notification systems, medical and security equipment would all have to implement DRM software and hardware * Shot down, for now. 5) Resources EFF -- http://www.eff.org OSI -- http://www.opensource.org Anti-DMCA -- http://www.anti-dmca.org Open Source -- http://www.fsf.org