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Rethinking the DMCA







Rethinking the DMCA

Rethinking the DMCA 04/08/2005 09:54 AM

At its inception, many people called it a lousy law. CNET News.com's Charles Cooper says that proved to be too charitable an appraisal.




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Rethinking the DMCA

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Rethinking Zionism


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Rethinking Zionism. "Although embattled nationalistic movements are a commonplace, no nationalistic cause is as entwined with the larger issues and fault lines of global politics as modern Zionism is. Not least, the crisis of Zionism has implications for the ability of America to achieve its policy goals in the Middle East and in its wider confrontation with Islamic militancy."

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Rethinking Legacy Airlines


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Rethinking the Turing Test


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In the 1950s, Alan Turing had proposed a metric for machine intelligence. This metric is currently known as "the Turing Test" and much work in the field of Aritificial Intelligence (or AI) has been influenced by this metric. In short, Turing suggested that a machine that could behave in a manner indistinguishable from a human could be considered to be "thinking." For many researchers, the goal is simply to pass the Turing Test. In 1990, the first formal instantiation of the Turing Test, the Loebner Prize, was introduced. The Grand Prize, awarded to the first computer able to provide responses indistinguisable from a human, is a gold medal and $100,000 and has never been awarded. However, each year $2000 is awarded to the entry that fares the best. This is ostensibly designed to stimulate research in the area. I propose that not only does this metric exclude much in the way of actual thought, it also fails to encourage much in the way of machine intelligence. I also propose that the Loebner Prize, for adhering to this metric, puts an incentive on an aspect of AI that does little to advance machine thought or intelligence, in practice. Thus a reconsidered and reformed version should be introduced.

Photos: Rethinking the future of chips


Photos: Rethinking the future of chips 04/19/2005 06:22 AM
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Greeks, postmodernism, and the
rethinking of deomocracy


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Gre eks, postmodernity, and the rethinking of democracy Found this fascinating interview on openDemocracy by way of meat-eating leftist. Greek opposition minister George Papandreou, son of former socialist Prime Minister Andreas Papandreou, says some interesting things about the changing nature of representative democracy and the new fluidity of citizens' political and social identities. Given our diminishing democracy in this country, it is refreshing to hear a politician say that individuals in society need to be empowered and that political leaders must listen to and trust individuals.

U.S.: China Rethinking Military Strategy
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Rethinking Kerry's campaign slogan


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Jess Hemerly of A Great Notion points us to a Slate article about John Kerry's campaign slogan "Let America be America again," a line snatched from a poem by Harlem renaissance poet Langston Hughes. The irony is that the poem itself was written with ironic intent--Hughes was app arently a vocal Communist and Soviet Union supporter.

Instead of misappropriating Hughes's poetry, Jess suggests Kerry sample some other beats:
from Ginsberg's "America":
"America I'm putting my queer shoulder to the wheel. Vote Kerry."
"America stop pushing me I know what I am doing. Vote Kerry."
"America why are your libraries full of tears? Vote Kerry."

from e.e. cummings:
"a politician is an arse upon which everyone has sat except a man. vote kerry, his arse is fresher than Bush's."

from Lawrence Ferlinghetti's "I am Waiting":
"Are you waiting for the American Eagle to really spread its wings and straighten up and fly right? Vote Kerry."
"I am waiting for the lost music to sound again in the Lost Continent in a new rebirth of wonder. Vote Kerry."

okay i'm ridiculous but do you see how ridiculous the Hughes thing is?
Link

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By John C. Dvorak, PC Magazine


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For the past few years, every other month or so, some scary report would be released about how "personal surfing" at work was happening. Each one of these studies just happened to be sponsored by a company that sold internet filtering technology to stop personal surfing at work. It looks like more people are starting to wonder wh at's so bad about a little personal surfing at work? Most jobs now expect employees to be able to do some work at home, so, doing a few personal things at work seems perfectly fair. Studies have shown that workers who do some personal surfing at work are more productive and have improved skills and a better work/life balance. They get nagging things out of the way, and use the personal surfing as small breaks during the day to clear their head and remain focused. The first link above makes a very important point: there's a difference between "non-productive" surfing and "counter-productive" surfing. It's the counter-productive surfing that is what people should be concerned about, but because it sells more filters, the filtering companies have lumped counter-productive surfing with non-productive "coffee break" surfing. As the article points out, if there's too much non-productive surfing going on, it probably means that the employee isn't being challenged enough. Furthermore, workplaces that are too strict with their internet policies make employees feel stifled - which drops morale and (surprise, surprise) productivity.

Rethinking Regulation of Engineered
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Feds Rethinking Data Privacy? 05/17/2004 10:26 AM

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    Rethinking Traditional Economics In An
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    Andy Kessler, who likes nothing better than forcing people to rethink the status quo, has dropped in a submission about his latest Wall Street Journal op-ed piece explaining why economists who are worried about too many people being employed leading to inflation are living in a time before intellectual property economics became clear. Kessler argues that with intellectual property being our main output, traditional economics don't apply in the same way: "How much does it cost for another copy of Windows. Zilch. Stressed about prices? Take another Xanax, it costs almost nothing to make. Same for Lipitor. Their high costs go to fund FDA trials, not factories. How much does it cost to enable another Google search? Music download? Email? Phone call? Nanocents. The output gap of intellectual property is almost infinite. Full (and high wage) employment in research jobs is what we want." This is the very concept behind things like "increasing marginal returns" that show that intellectual property, when opened up frees up the economy to do more, not less. So, the more we can encourage that, the better off our economy is. Unfortunately, it's taking a while for economists to realize this -- and apparently those economists all read the Wall Street Journal. Kessler reports: "Hate mail running 2:1. A good sign!" Indeed.

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    DMCA under attack?


    DMCA under attack? 06/29/2004 08:29 PM
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    The DMCA arrives Down Under


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    Apple uses DMCA


    Apple uses DMCA 04/10/2004 08:46 AM
    We are asking Apple to Play Fair. For those who are interested, playfair built automatically with GNU-Darwin x86, although I haven't tested it, because I am clearly _not_ an iTunes user. For those who are interested in downloading and distributing the code, here is the project link and source code link as well.

    http://sarovar.org/projects/playfair/
    http://sarovar.org/download.php/267/playfair-0.4.tar.gz

    The DMCA: Not controversial


    The DMCA: Not controversial 08/03/2004 11:40 PM
    Last week I was chatting with a friend who now works on the House Ways and Means Committee. Talk turned to the Australia-US Free Trade Agreement, which Congress passed in July and which President Bush ratified yesterday. "That DMCA and copyright term extension stuff," he said to me, "None of...

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    U.S. Exports DMCA Down Under 09/13/2004 05:08 AM
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    Canada Says No To DMCA 03/24/2005 07:38 PM

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    Taking on the DMCA 11/03/2003 03:42 PM
    CNET Nov 3 2003 3:08PM ET

    DMCA Infracture


    DMCA Infracture 12/19/2004 03:51 PM
    I was served a DMCA infraction for a posting about Next Door Nikki's naked breasts on my babe log. I thought I'd share some of...

    MP candidates on the "Canadian DMCA"


    MP candidates on the "Canadian DMCA" 06/24/2004 09:39 AM
    With the Canadian election coming up in four days, Ray called up all the candidates in his riding and asked them what they thought of the Canadian version of the DMCA:
    What I believe needs to happen is the creation of a new "industry model", one that understands that all music, programs, books, etc, will be distributed over the internet. What this means is that a huge infrastructure of advertisors, retailers, wholesalers, etc, are going to wither away and have to find new ways of making a living. Instead, modern technology will allow consumers and artists to interact directly. Until industry realizes that this is the new "rules of the game", they will be in the situation of King Canut trying to order the tide to not come in. Part of this realization will be the understanding that consumers simply will not pay the same price for a book, music, etc, that they download and print themselves off the internet that they would have to pay if they went to a physical store and made a purchase. And why should they? They have removed almost all the "middle-men" who previously had to do work to get it into their hands.
    Link (Thanks, Ray!)

    BSA Wants To Make The DMCA Worse


    BSA Wants To Make The DMCA Worse 01/06/2005 07:34 PM
    While the BSA has mostly sat back and let the RIAA and MPAA take the brunt of the bad publicity for suing customers, you can be pretty sure that they're also freaking out over file sharing and avoiding any and all evidence about how it could help their member companies. Just as the RIAA lost yet another case saying they have to actually file lawsuits before sending subpoenas to ISPs for user info, the BSA is asking Congress to modify the DMCA to force ISPs to cooperate and give up user info without a lawsuit being filed. This is very problematic for plenty of reasons -- not the least of which is that it would turn ISPs into an enforcement arm that will be forced to monitor how people use their network. ISPs just provide the service. If companies have a problem with what an individual is doing, they should file a lawsuit and then request the info from the ISP. Without a lawsuit, it's all just a fishing expedition. At the same time, however, the BSA is at least interested in exploring some amount of patent reform -- including plans to make it easier to challenge granted patents. That might be a slight improvement -- but it could also lead to many frivolous challenges. It seems a much more reasonable idea is to open up the patent process so that people have an easy process to make prior art claims before a patent is granted.

    Canada's DMCA dissected


    Canada's DMCA dissected 06/22/2005 01:49 AM
    Cory Doctorow: On the heels of the introduction of Canada's Bill C-60, a Made-in-Canada version of the DMCA, Michael Geist has posted several long, thoughtful blog posts about the bill's effects on different interests: search engines, ISPs, and P2P users:
    While Bill C-60 therefore contains extensive provisions to cover uploading, downloading on peer-to-peer systems remains largely untouched (with the exception described above). Many experts believe that peer-to-peer downloading is covered by the private copying levy, though CRIA disputes that interpretation.
    Link (Thanks, Steve!)

    Petition against the Canadian DMCA


    Petition against the Canadian DMCA 04/23/2004 01:34 AM
    There's a petition against Canada's proposed DMCA-like copyright law up at the Digital Copyright Canada Wiki:
    We, the undersigned residents of Canada draw attention of the House to the following:

    THAT the Copyright Act is properly recognised as being a careful balance between the rights of creators and the rights of the public (including viewers, readers and listeners);

    THAT the Supreme Court of Canada unanimously affirmed this view in CCH Canadian Ltd v Law Society of Upper Canada;

    THAT digital technologies have recently given copyright holders the ability to upset the balance in the Copyright Act by preventing Canadians from accessing works for purposes that have been legally granted to them;

    THAT the creation of original works is nourished by wide accessibility of earlier works, including a vibrant public domain;

    THAT dissemination of cultural ideas requires that they be preserved in a form that is accessible to future generations; and

    THAT historically, consultations regarding changes to the Copyright Act have mostly taken place with creators, intermediaries and only some special users (such as educators and librarians)

    THEREFORE, your petitioners call upon Parliament to ensure generally that users are recognised as interested parties and are meaningfully consulted about proposed changes to the Copyright Act and to ensure in particular that any changes at least preserve all existing users' rights, including the right to use copyrighted materials under Fair Dealing and the right to make private copies of audio recordings. We further call upon Parliament not to extend the term of copyright; and to recognise the right of citizens to personally control their own communication devices.

    Link (Thanks, Raymond!)

    Red Hat's DMCA Quibble


    Red Hat's DMCA Quibble 10/17/2002 08:03 AM
    UPDATE: The open-source software company is forced to rely on a European anti-DMCA group to publish full information about a security patch.

    DMCA on (public) trial May 21 in LA


    DMCA on (public) trial May 21 in LA 05/19/2004 03:02 PM
    On Copyfight, Donna writes,
    This just in: the California Institute of Technology and Loyola Law School are presenting a mock trial this Friday, May 21st, to play out a scenario in which a student creates a distributed computing application to crack DRM systems, leading to the criminal prosecution of everyone involved under the DMCA.

    The trial will have many realistic touches: a real federal judge will hear the case, the prosecution will be advised by real federal prosecutors, and the defense by EFF 's Fred von Lohmann. Brad Hunt of the MPAA will provide expert testimony for the prosecution, while EFF Staff Technologist Seth Schoen will provide testimony for the defense.

    Even cooler: the event is free and open to the public. If you're in the Los Angeles area and can get away from work or study mid-day, stop by and check it out.

    Link

    Canada fights off DMCA-like law


    Canada fights off DMCA-like law 03/25/2005 04:52 PM
    As a member of the World Trade Organization, Canada is expected to eventually ratify a number of intellectual property treaties, but they won't go for a repeat of the DMCA.

    Opening Doors With the DMCA


    Opening Doors With the DMCA 11/15/2003 05:33 AM
    A U.S. District Court rules that it's OK to use a universal remote to open a garage door, despite the plaintiff's claim that the DMCA prohibited it. By Katie Dean.

    DMCA says you can't fix your own
    tape-drive


    DMCA says you can't fix your own
    tape-drive
    07/10/2004 06:12 AM
    My cow-orker Jason Schultz reports on a breaking new DMCA horripilation: a court has ordered a company to stop fixing tape-drives because in so doing, it makes unauthorized access of a copyrighted "Maintenance Code."
    A district court in Boston has used the DMCA to grant a preliminary injunction against a third party service vendor who tried to fix StorageTek tape library backup systems for legitimate purchasers of the system.

    How is this a DMCA violation? Well, it turns out that StorageTek allegedly uses some kind of algorithmic "key" to control access to its "Maintenance Code", the module that allows the service tech to debug the storage system. The court found that third party service techs who used the key without StorageTek's permission "circumvented" to gain access to the copyrighted code in violation of the DMCA, even though they had the explicit permission of the purchasers to fix their machines.

    Link

    Lexmark DMCA Battle Far From Over


    Lexmark DMCA Battle Far From Over 11/03/2003 04:24 AM
    Last week, soon after the Copyright Office made their four tiny exemptions to the DMCA, a story started spreading widely saying that the Copyright Office had said it was okay for companies to create chips that circumvent copy protection for use in printer cartridges. This artic le was the result of a press release from Static Controls, a company engaged in a legal battle with Lexmark over offering such technology. The press release was a bit misleading, and many people misinterpreted the announcement, as if the Copyright Office was a judicial body ruling on the Lexmark case. However, the real details are a bit more complex. First of all, the Copyright Office actually ruled against Static Control's requested exemption - but did say that reverse engineering is already allowed, and therefore doesn't need a special exemption. Static Controls declared that as a victory, and many people incorrectly interpreted this as some sort of judicial victory for Static Controls over Lexmark. However, the Copyright Office is not a judge and wasn't deciding any case. In fact, the court in the actual case ruled against Static Control back in February and granted an injunction against the company preventing them from selling its chips. Meanwhile, Lexmark is still claiming victory themselves - saying that the exemption only applies to reverse engineering and they contend Static Control did more than reverse engineer the chip. They believe Static Control stole the chip design outright. Either way, the case is going back to court and the Copyright Office's rulings should have little impact.
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