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DVD Cases: Help by Commenting to Feds on DMCA 192

Paul Burchard writes "The Copyright office is requesting comments by Feb. 10, 2000, on how broadly to interpret the exemptions in the Digital Millennium Copyright Act (DMCA) to its provisions against circumventing copy-protection technologies. As these features of the DMCA have been cited by lawyers from both sides in the DeCSS cases, the interpretation of the exemptions appears to still be up for grabs -- your comments could make a difference." Get involved and do this now.
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DVD Cases: Help by Commenting to Feds on DMCA

Comments Filter:
  • ... since DeCSS (or the real work behind the scenes, like actually reverse engineering CSS ... DeCSS is just one application of that) was NOT constructed in the USA.

    News for most americans: The rest of the world don't care about your laws.

    Now when this is settled, let's talk about making this mirroring scheme more efficient. I'm talking spam. I'm talking buying the service of one of these hated spammers that ever so often sends you a nice pricelist of how many millions you can reach buy just paying $100, $200 or whatever the going rate is ...

    I want to see the MPAA going after each and every single ISP, mailserver and end user receiving an email containing the CSS source. You know, those 3 millions or so ...

  • by Anonymous Coward
    Let's make sure we Hormel them with fury!

    Don't forget to spell lots of words incorrectly.
  • by Nerds ( 126684 ) on Friday January 21, 2000 @10:19AM (#1349657) Homepage
    Could someone post their letter here so those of use who are not the best writers or just don't have as much info on this case can get an idea of what should go into these comments? I'd like to help but I'm not sure exactly what would be the most effective way to do it (unless "DeCSS rules!" counts as a good comment...)
  • by alehmann ( 50545 ) on Friday January 21, 2000 @10:26AM (#1349659) Homepage
    You can also help a lot by giving a donation to the EFF. They are playing a big part in the legal defense for DeCSS distribution.
  • News for most americans: The rest of the world don't care about your laws

    I agree. I would love to see how the courts enforce the issue when the server is overseas.
    I could just imagine the lawyers calling up a webmaster in another country demanding they remove the file/web page etc. I would imagine that the response would amount to a hardy laugh and a comment of "go frag yourself."

    On the side note: Could this be actually a decent for spam? It would be neat to watch the lil lawyers try to track all the emails etc. I get the picture of lil boys running around trying to plug the crumbling dike with thier fingers.

  • by kinesis ( 13238 ) on Friday January 21, 2000 @10:28AM (#1349662)
    The DVD case going on in New York is putting the DCMA to the test. We've already lost round one--the preliminary injuction was granted as all of you read.

    This case has more significant ramifications than the California case that I'm involved with.

    Please read the OpenDVD advocacy how-to at http://www.opendvd.org/advocacy.html [opendvd.org]

    Flamers... please skip the rest of this message. We don't want your help.

    The federal government is accepting comments via email at 1201@loc.gov [mailto]. Use reason to argue why reverse engineering must be allowed for the purposes of interoperability.

    The most obvious reason is that it promotes competition. It also empowers consumers.

    Here's a summary of exactly what they are accepting comments on...


    SUMMARY: The Copyright Office of the Library of Congress is preparing
    to conduct proceedings to make recommendations in accordance with
    section 1201(a)(1) of the Copyright Act, 17 U.S.C. 1201(a)(1), which
    was added by the Digital Millennium Copyright Act and which provides
    that the Librarian of Congress may exempt certain classes of works from
    the prohibition against circumventing a technological measure that
    controls access to a copyrighted work. The purpose of this rulemaking
    proceeding is to determine whether there are classes of works as to
    which users are, or are likely to be, adversely affected in their
    ability to make noninfringing uses if they are prohibited from
    circumventing such technological measures. This notice requests written
    comments from all interested parties, including representatives of
    copyright owners, educational institutions, libraries and archives,
    scholars, researchers and members of the public, in order to elicit
    information and views on whether noninfringing uses of certain classes
    of works are, or are likely to be, adversely affected by such
    prohibition.
  • err that should have read "a decent use for spam"

    Screw it, it's time for a beer or 12.
  • What I want to know is why they will only take the comments in .pdf format, "Wordperfect 7 or earlier" or "Microsoft word 7 or earlier." Whatever happened to .txt or .html? I would think that text, at least, would be preferred.. if your word processor can't do .txt format then you must be using a pencil and paper. However, not everyone has a way to make .pdf, .wps, or .wpd (or whatever Wordperfect's file extension is), including me. I could do .txt, but none of the others (unless I use a school computer). I realize that this isn't everybody, nor am I a majority, but still.. a non-proprietary format please!
  • by 348 ( 124012 ) on Friday January 21, 2000 @10:31AM (#1349665) Homepage
    Addresses to send comments to:

    The purpose of this rulemaking proceeding is to determine whether there are classes of works as to which users are, or are likely to be, adversely affected in their ability to make noninfringing uses if they are prohibited from circumventing such technological measures. This notice requests written comments from all interested parties,

    If you are going to respond by e-mail, here [mailto] is the address of the OGC.

    If you are going to use snail mail, comments should be addressed to:

    David O. Carson, General Counsel
    Copyright GC/ I&R, PO Box 70400
    Southwest Station, Washington, DC 20024.

    Never knock on Death's door:

  • by Nimmy ( 5552 ) on Friday January 21, 2000 @10:32AM (#1349666) Homepage
    Show some sanity! Write reasonable and calm letters. Do NOT flame. This is not your chance to rant about the evils of Copyrights and such. Flaming and generally being a jerk will get us nowhere, in fact it will probably hurt the cause more than you can imagine.

    Read the Advocacy FAQs. Proofread you letter. Get someone else (hopefully someone who disagrees with you) to read and comment on it. Having a flood of flamers attack the Copyright agency could be the worst disaster possible for the DeCSS case.

    Once again. Please, show some sanity and some respect. Write well reasoned and informative letters. DO NOT FLAME.

    --Nick
  • I'm not a lawyer, and I don't play one on TV.
    But this seems like a good thread to post case law
    if you are a lawyer, or play one on DVD.

    Some of this sounds more like "illegal tying" to force people to use particular playback technology for which royalties may be paid independent from those paid for the movies themselves. Also, what if somebody just doesn't want open source or Unix
    users to be able to play DVDs. Could that be an "illegal boycott."
  • by David Greene ( 463 ) on Friday January 21, 2000 @10:34AM (#1349669)
    Before anyone sends e-mail to the Copyright Office, please visit the link at the top of the story. There are restrictions on the format of submissions. Namely, they must by MIME attachments of PDF, Word 7 (or earlier) or WordPerfect 7 (or earlier) files. A text e-mail may not be enough.

    --

  • The most obvious reason is that it promotes competition. It also empowers consumers

    ... and the most important reference: The home-computer market wouldn't exist if Phoenix hadn't reverse-engineered the IBM BIOS ...

  • by kinesis ( 13238 ) on Friday January 21, 2000 @10:37AM (#1349671)
  • Looks like they want emailed comments to be in either PDF, Word >= 7.0, or Wordperfect >= 7.0. Whatever happened to plain vanilla ascii? Since they're planning to put this stuff up on their website [loc.gov], one might have thought that ASCII or HTML might have been an acceptable format. Maybe they need to be enlightened about requiring closed formats themselves.

    Also, I urge everyone to act responsibly. Show them that we can give well-reasoned arguments for why DeCSS isn't covered by the DMCA's prohibitions. Spamming them isn't going to do anything to help us, and will likely hurt us in the long run.

    Be sure to stress how DeCSS is designed so that Linux users can watch legally-purchased DVDs, and how DVDs can be copied without needing to decrypt them. In all the articles on /. so far on this (as well as most other sites carrying the DeCSS articles), plenty of valid reasons have been given, from those above, to just plain bad crypto being used, etc. Read the comments. Distill them into reasoned letters, and get them in!
  • by nellardo ( 68657 ) on Friday January 21, 2000 @10:38AM (#1349673) Homepage Journal

    I'm not sure if these comments will help as much as we might like. Federal bureaus establish guidelines as a practical way to put Federal laws into effect. The court would only pay attention to those rules if they had been in place long enough to constitute "common practice." And even then, the court could rule either that the law was bogus, or that the rules were.

    Bureacratic guidelines are not law.

    Since the Copyright Office hasn't even established the guidelines, they should not affect the judge's ruling. The judge might pay attention to strong public sentiment, but I believe the judge would be more likely to feel that, if the public wants the law changed (and the judge thinks the existing law is fine), then the public should vote for new representation.

    The only way the comments would help is as evidence the EFF [eff.org] could use in court that DeCSS's intent is not piracy, but playback of legitimate content.

  • by Anonymous Coward
    This sounds like a perfect example of why reverse engineering is a necessary thing- if you felt the desire and had the skills, you could go and write a utility to do the file-type conversions without having access to the app itself (the code that is).
  • by bluGill ( 862 ) on Friday January 21, 2000 @10:39AM (#1349675)

    Remember, these are not geeks we are talking to. Some of these people are smart (but not on computers), and others are stupid. (I also know some stupid geeks, so the score is even) You need to talk to their level.

    I strongly recomend analgies that they understand. For instance, I bought a manual for my car published by one "Haynes" company. For those who don't know, this company buys a car, and takes it apart. Point out to the beurocrats that they are reverse engineering and that any decision to prohibit reverse engineering computers must also prohibit reverse this company from reverse engineering cars.

    If anyone else can come up with good examples, please post them. It would be nice if /. would then find the best of the best for anouther artical, but that might be asking too much.

    While e-mail is okay, snail mail is better, so spend some money on stamps.

  • I wrote a letter to several local TV news stations, as well as newspapers. This letter, as well as the DeCSS source code will be mirrored at the following URL this evening. (Not sure of the time, but the page is done. Just a matter of getting the directory.)

    http://www.hackphreak.org/decss [hackphreak.org] (Note: You'll get a 404 immediately, but it'll be there tonight.)

    -- Give him Head? Be a Beacon?

  • by dark409 ( 15931 ) on Friday January 21, 2000 @10:39AM (#1349677)
    I think the best way to state your case here (supporting DVDs or any medium, we'll stick to DVDs for this message) would be to make direct use of the DMCA's wording.

    First, you can attack the "effective" clause. The DMCA only prohibits circumvention of things that "effectively controls access". You can say that the DVD encryption wasn't very effective to start with, though this is not a very strong argument.

    You can encourage them to add DVDs to the exemption list because circumvention is necessary in order to gain fair use priviledges of the copyrighted work without using licensed players. The absolute denial of fair use priviledges without a license (or licensed player) from the DVD consortium should not be supported by law. Nowhere in the DMCA does it restrict fair use priviledges explicitly in this way.

    Note that I am not a legal expert, etc, etc. Please read as much as you can from other posters and the various advocacy howtos to make sure your message is clear and makes a real positive difference.
  • Keep in mind that snail-mailing it to them will be a hundred times more effective than e-mail. It only takes a minute to write a letter in word, print out the envelope, slap a sticker on it, and throw it in the mailbox. PLEASE DO SO. There is a huge gaping distance between the written word and the electronic one - while geeks take e-mail as seriously (sometimes moreso) than realworld, the realworld holds electronic mail in the same regard. Keep this in mind if you're trying to make a difference!
  • by Anonymous Coward
    If you follow the story link to thomas, it's very important to note that they only want "MIME attachments" in "Adobe PDF (preferred) or MS Word 7".

    They also have very specific instructions regarding providing your name, address, etc.

    Knowing government agencies, there runs a serious risk that our comments could get thrown out unless they are specifically in MIME'd PDF files. Be warned!

    -Matt

  • Hopefully this will work out, and they will get some thoughtful comments to chew on. I remember when we were worried about "taxing bandwidth", and I submitted a comment to the FCC... their rules for submitting it were completely draconian! (something about sending them a disk with a wordperfect file so they could post it on the web)

    This page isn't written in English as we know it, (I'm not fluent in Legalese) but at least it looks like they take e-mailed comments. And the bottom of the page is rather interesting too... Hopefully the government is getting a clue.

    [...]
    Dated: November 15, 1999.
    Marybeth Peters,
    Register of Copyrights.
    Approved by:
    James H. Billington,
    The Librarian of Congress.
    [FR Doc. 99-30556 Filed 11-23-99; 8:45 am]
    BILLING CODE 1410-30-P

    HTTP/1.1 200 OK
    Date: Fri, 21 Jan 2000 20:38:35 GMT
    Server: Apache/1.3.9 (Unix) Debian/GNU mod_perl/1.21
    Connection: close
    Content-Type: text/html

    <!DOCTYPE HTML PUBLIC "-//IETF//DTD HTML 2.0//EN">
    <HTML><HEAD>
    <TITLE>200 OK</TITLE>
    </HEAD><BODY>
    <H1>OK</H1>
    The server encountered an internal error or
    misconfiguration and was unable to complete
    your request.<P>
    Please contact the server administrator,
    webmaster@sailor.lib.md.us and inform them of the time the error occurred,
    and anything you might have done that may have
    caused the error.<P>
    More information about this error may be available
    in the server error log.<P>
    </BODY></HTML>

    ---
    pb Reply or e-mail; don't vaguely moderate [152.7.41.11].
  • by FonkiE ( 28352 ) on Friday January 21, 2000 @10:43AM (#1349683)
    and don't send plain email. you have to send a pdf file or a word document with sufficient information about yourself.

    please write good,non-flaming,sophisticated comments and stick to the point. (the css case i 'an' example, not more - it's of course a very important one, at least for us.)
  • Remember, just like "A picture is worth a thousand words", a well written letter on high quality paper is worth a thousand stupid emails. Also remember that those who will be writing in on the other side are probably not geeks. Rather they are lawyers and businessfolks: people who are acquainted with coming across as a professional in all communications. As a result you can expect that there will be more than one letter from a lawyer on 100% cotton letterhead, crisp laser printing, civil logical writing showing up at that postal address. Geeks keep screaming that the politians and business people need to play by the Internet rules while on the Internet. Remember that this is going on in the meatspace world of business and law and to get noticed there you have to at least understand their rules.

    LetterJ
  • It's likely that nobody reads the emails themselves. I'm guessing they have an automated system that takes the word, wp, or pdf attachments, converts them to some internal format, and slaps them in a database. Ignoring text emails helps weed out the useless flames.
  • It would be neat to watch the lil lawyers try to track all the emails etc. I get the picture of lil boys running around trying to plug the crumbling dike with thier fingers.

    You know, child pornography is illegal in countries other than the US...

    ...Oh, my mistake. I got a totally different picture in my head...

    Jay (=
  • The rest of the world don't care about your laws.

    With the exception of Berne Convention signatories, of course....
  • by TheDullBlade ( 28998 ) on Friday January 21, 2000 @10:53AM (#1349689)
    ...so it's not a circumvention of copy protection.

    It serves no use in preventing people from illegally making DVDs, VHS recordings, or other format conversions. The bits can be copied identically onto other DVDs (with the appropriate manufacturing equipment), the video signal from a DVD viewer is sufficient to create production-quality VHS recordings, and one can video capture entire DVD movies with cheap and easily available computer hardware.

    The primary purpose of this encryption was not to prevent copying, but to restrict viewing.

    That means only viewing hardware produced under licence, and only in approved regions.

    This is reverse engineering for the purpose of breaking the monopoly on DVD viewing devices (whether hardware or software). And the act of reverse engineering was done outside the country, so the US legality of whatever was done to produce the this tool is irrelevant, only the legality of its use and distribution.
  • From http://gpo. sailor.lib.md.us/bin/GPOAccess.cgi?db=1999_registe r&type=TEXT&size=29491&id=3=830942%20294 91%20/diska/wais/data/1999_register/fr24no99.dat.w ais;7=%00; [lib.md.us] :

    If by electronic mail: Send to ``1201@loc.gov' '' a message containing the name of the person making the submission, his or her title, organization, mailing address, telephone number, telefax number and e-mail address. The message should also identify the document clearly as either a comment or reply comment. The document itself must be sent as a MIME attachment, and must be in a single file in either Adobe Portable Document File (PDF) format (preferred), or in Microsoft Word Version 7.0 or earlier, or in WordPerfect 7 or earlier.

    If by regular mail or hand delivery: Send, to the appropriate address listed above, two copies, each on a 3.5-inch write-protected diskette, labeled with the name of the person making the submission, his or her title and organization. The document tself must be in a single file in either Adobe Portable Document File (PDF) format (preferred), or in Microsoft Word Version 7.0 or earlier, or in WordPerfect Version 7 or earlier.

    Anyone who is unable to submit a comment in electronic form should submit an original and fifteen paper copies by hand or by mail to the appropriate address listed above. It may not be feasible for the Office to place these comments on its website.

    All written comments (in electronic or nonelectronic form) should contain the name of the person making the submission, his or her title, organization, mailing address, telephone number, telefax number and e-mail address.



    They don't want plain emails people. If you send comments, please try to put them in the preferred formats. Please try to write concisely and stick to the DMCA topic, not copyrights or DVD in general.
  • Snail has the whole week-end to get there by
    Monday or Tueseday. Nobody will read E-mail until
    Monday anyway.



    .
  • I saw that very proverb in a fortune cookie last night! Who wudda guessed!
  • Well, I agree with you, plain text should be allowed.

    But there should be a way for you to generate pdf. Are you using a *nix OS? Then use enscript to generate postscript, and ps2pdf to generate pdf. (There probably are many other ways to do this, but I thought off this way first).

    There are probably ways to do it on most other OSs, but I also know a more general solution. Use this service [adobe.com] from Adobe - it let's you translate a limited number (10 ?) of files from many formats into pdfs.

    I use it as a handy little Microsoft Word translator. Of course, I'm still stuck with pdfs. But at least I can read those easily.

  • by (void*) ( 113680 ) on Friday January 21, 2000 @10:59AM (#1349695)
    I am not a US Citizen, so I am not going to submit directly to that email. Nevertheless, I hope that my points will to the more intelligent American Slashdot readers, for them to think and submit if they agree,

    Reverse engineering should be made totally legal. By reverse engineering, I refer to that done in a clean room, out of concern and respect for trade-secret and copyright holders. Whatever it is said, copyright is important, so we should bear in mind not to undermine it. (Subject to the legal restrictions of course. My finger to those who exploit IP/copyrights for their own selfish gain. e.g. Amazon 1-click nonsense).

    Why should this be. Primarily becuase we live in a unfair world, where American businesses dominate a large part of the global economy. I think Americans should look beyond their shores and not see the world as people to exploit, but as partners, where there is great chance for mutual cooperation.

    The point is that DMCA goes both ways. The US should not always assume that they will continue to be dominant players in all sectors of the economy. Neither should they wish to (It is unfair - no nation should have that great a burden to bear. :-) )

    Today, someone in Norway reverse enginneers American technology, producing DeCSS. Someday, the tables are going to reversed. Is the US going to be a hypocritical and laughed at by the rest of the world when it decides to break their own laws?

    Like it or not, the DMCA is going to be piece of international law. It is inevitable as we move towards a global, integrated economy. It is necessary and essential that the US sets a good example now, by upholding the principle of reverse engineering. For the reasons of competition, innovation and interoperability.

    It might be look like that today, industries represented by the MPAA are getting the wrong end of the stick. But things will change. These businesses do not, and will not take the long-sighted view. They are short-sighted. They want to hold on to their dinosaur like hegemony. They want to extend it. The government of the US cannot allow itself to become subservient to these corporations.

    Personally, I have always believed that the greatness of a country is measured by how well it treats firstly, its own people and then next other small countries. Get your act together!

  • by ecampbel ( 89842 ) on Friday January 21, 2000 @11:01AM (#1349697)
    You must answer some or all of the questions posed in the request for comments for your letter to have any effect. Also, the questions will help focus your letters on the issues that are relevent to this situation. Here are the questions::


    5. Specific Questions

    The Office seeks comment on the following specific questions.
    Persons submitting comments need not address all questions, but are
    encouraged to respond to those as to which they have particular
    knowledge or information. Persons submitting comments are encouraged to
    submit concrete evidence, examples and data supporting their responses
    to these questions. Such submissions will carry greater weight than
    unsupported allegations and predictions.
    In response to each question, persons submitting comments are
    requested to distinguish between (a) their response with respect to the
    current state of affairs, and (b) their response with respect to the
    state of affairs that is likely to exist during the period between
    October 28, 2000 and October 28, 2003. For example, in responding to
    Question No. 3, persons submitting comments are requested to state (a)
    what technological measures that effectively control access to
    copyrighted works exist today, and (b) what new technological measures
    that effectively control access to copyrighted works are likely to be
    introduced between October 28, 2000 and October 28, 2003. In discussing
    the state of affairs that is likely to exist during the period between
    October 28, 2000 and October 28, 2003, persons submitting comments
    should explain the basis for their projections.

    A. Technological Measures

    1. What technological measures that effectively control access to
    copyrighted works exist today?
    2. Do different technological measures have different effects on
    the ability of users to make noninfringing uses? Can and should the
    Librarian take account of those different effects in determining
    whether to exempt any classes of works from the anticircumvention
    provisions of section 1201? If so, how? In determining what constitutes
    a class of works?

    B. Availability of Works

    3. How has the use of technological measures that effectively
    control access to copyrighted works affected the availability of such
    works to persons who are or desire to be lawful users of such works?
    4. Are there specific works or classes of works that, because of
    the implementation of such technological measures, have become
    unavailable to persons who desire to be lawful users of such works? If
    so, identify those works or classes of works and explain how they have
    become unavailable.
    5. Are there specific works or classes of works which, because of
    the implementation of such technological measures, have become less
    available to persons who desire to be lawful users of such works? If
    so, identify those works or classes of works, explain the ways in which
    they have become less available, and explain whether those works or
    classes of works are also available in other formats to which such
    technological measures have not been applied.
    6. If there are works that are available both in formats to which
    technological measures have been applied and in formats to which
    technological measures have not been applied, to what extent can the
    works in the latter formats substitute for the works in the formats to
    which technological measures have been applied?
    7. Are there works or classes of works that are available only
    electronically and only in formats to which such technological measures
    have been applied? If so, what are they?

    C. Availability of Works for Nonprofit Archival, Preservation, and
    Educational Purposes

    8. Has the use of technological measures that effectively control
    access to copyrighted works affected the availability of such works for
    nonprofit archival purposes? If so, how? Are there specific works or
    classes of works that have been affected in this respect? If so,
    identify them, explain how they have been affected, and explain whether
    those works or classes of works are also available in other formats to
    which such technological measures have not been applied.
    9. Has the use of technological measures that effectively control
    access to copyrighted works created problems with respect to the
    preservation of such works? If so, how? Are there specific works or
    classes of works that have been affected in this respect? If so,
    identify them and explain how they have been affected.
    10. Has the use of technological measures that effectively control
    access to copyrighted works affected the availability of such works for
    nonprofit educational purposes? If so, how? Are there specific works or
    classes of works that have been affected in this respect? If so,
    identify them, explain how they have been affected, and explain whether
    those works or classes of works are also available in other formats to
    which such technological measures have not been applied.
    11. For purposes of this rulemaking, in classifying works that are
    to be exempted from the prohibition against circumvention of
    technological measures that control access, should any classes of works
    be defined, in part, based on whether the works are being used for
    nonprofit archival, preservation, and/or educational purposes? (E.g.,
    ``new broadcasts'' may not be an exempted class of works, but ``news
    broadcasts used in the course of face-to-face teaching activities of a
    nonprofit educational institution, in a classroom or similar place of
    instruction,'' may be an exempted class.) Explain why or why not.

    D. Impact on Criticism, Comment, News Reporting, Teaching, Scholarship,
    or Research

    12. What impact has the use of technological measures that
    effectively control access to copyrighted works had on the ability of
    interested persons to engage in criticism, comment, news

    [[Page 66143]]

    reporting, teaching, scholarship, or research?
    13. What impact has the use of technological measures that
    effectively control access to copyrighted works had on the ability of
    interested persons to engage in noninfringing uses of such works,
    including fair use and activities permitted by exemptions prescribed by
    law?
    14. Are there specific works or classes of works with respect to
    which the ability of interested persons to engage in criticism,
    comment, news reporting, teaching, scholarship, or research has been
    hindered because of the implementation of such technological measures?
    If so, identify them, explain how such activities have been hindered,
    and explain whether those works or classes of works are also available
    in other formats to which such technological measures have not been
    applied.
    15. Are there specific works or classes of works with respect to
    which the ability of interested persons to engage in noninfringing uses
    has been hindered because of the implementation of such technological
    measures? If so, identify them, explain how such activities have been
    hindered, and explain whether those works or classes of works are also
    available in other formats to which such technological measures have
    not been applied.
    16. For purposes of this rulemaking, in classifying works that are
    to be exempted from the prohibition against circumvention of
    technological measures that control access, should any classes of works
    be defined, in part, based on whether the works are being used for
    purposes of criticism, comment, news reporting, teaching, scholarship,
    or research? Explain why or why not.
    17. For purposes of this rulemaking, in classifying works that are
    to be exempted from the prohibition against circumvention of
    technological measures that control access, should any classes of works
    be defined, in part, based on whether the works are being used in ways
    that do not constitute copyright infringement, e.g., as fair use or in
    a manner permitted by exemptions prescribed by law? Explain why or why
    not.

    E. Effect of Circumvention on the Market for or Value of Copyrighted
    Works

    18. In what ways can technological measures that effectively
    control access to copyrighted works be circumvented? How widespread is
    such circumvention?
    19. Has such circumvention (or the likelihood of circumvention) had
    any impact on the price of copyrighted works? Please explain.
    20. Has such circumvention (or the likelihood of circumvention) had
    any impact on the availability of copyrighted works? In particular
    formats or in all formats? Please explain.
    21. Has such circumvention had any other impact on the marketing of
    copyrighted works? If so, please explain the impact and which works or
    classes of works have been affected.
    22. Do the answers to any of these questions relating to the effect
    of circumvention on the market for or value of copyrighted works depend
    upon the class of work? Please explain.

    F. Other Factors and Questions

    23. For purposes of this rulemaking, what criteria should be used
    in determining what is a ``class'' of copyrighted works?
    24. With respect to any adverse effect on use of or access to
    copyrighted works that has been identified in response to any of the
    preceding questions, is there an explanation for the adverse effect
    other than the presence of technological measures that effectively
    control access to copyrighted works?
    25. Has the use of technological measures that effectively control
    access to copyrighted works resulted in making copyrighted works more
    widely available? Please explain.
    26. Has the use of technological measures that effectively control
    access to copyrighted works resulted in facilitating lawful uses of
    copyrighted works?
    27. Are there other factors that should be taken into account? If
    so, please identify and address those factors.
    28. What other comments, if any, do you have?
    29. Do you wish to testify at a hearing to be conducted by the
    Copyright Office in connection with this rulemaking?
  • by Anonymous Coward
    This is as good a place as any for this:

    This right-to-decode-your-dvd issue affects more than Linux. Every operating system can benefit from this. The code will get ported to [Insert Favorite OS here], newer third party apps can be developed for Win(9x,NT,2k). Please express this in your letters. The reader may only know of Linux users as "raging/ranting Zealots" (er.. don't quote me on that...), but know that they want to watch a movie on their own non-supported PC. Put it in terms they can understand.

    Ok, time for me to get off my Milk crate....

  • Down with all crypto! All information "wants to be free". (Including your private emails)

    If a person (or company) produces a private letter (or movie) that they only want their friends (or paying customers) to see, they have the right to that privacy.

    If you don't like the policy, don't watch DVDs. If you don't like the MPAA or RIAA's stance on crypto, copyright or whatever, DON'T CONSUME THEIR PRODUCTS. Don't warez them, don't distribute them, don't rent them, don't buy them.

    People are free to invent a technology to replace DVD. Make a better drive and implement no crypto. Sell it to all the people who want to distribute their stuff for free.

    Otherwise, realize that you live in a somewhat free-market economy, where people have the RIGHT to make closed standards.

    Greg

  • Um, why would a status code of 200 be accompanied by a statement about an internal error?

    Perhaps someone should actually notify the webmaster and let them know. (actually i just did)

  • Now that should be moderated up and marked as Funny.

  • What I wanna know is, have they zone encoded this court case so that I have to wait the usual six fsking months to a year before I get the fun of watching it in the UK?
    Pre.....
  • From the Federal Register Notice of Inquiry:

    Anyone who is unable to submit comments in electronic form (which I assume would include because they would not meet the submission format guidelines) should submit on original and fifteen paper copies by hand or in the mail to the appropriate address.

    So, let's do it their way. Send a long, detailed explanation of reverse engineering, it's role in the promotion of competition, blah, blah all the other points that are truly relevant to the issue. You may also want to include a polite note of apology for not being able to conform to the submission guidelines, but that you have no applications that use those proprietary formats.

    On an added note, summarize this issue and contact your U.S. Senators and Congressmen and ask them if only users of Adobe, Microsoft, or Corel products have an equal voice in government. Explain that it appears the Library of Congress is only interested in comments from large organizations and others that can afford more expensive software. Perhaps they are only looking for comments from those "interested parties" that have property to protect? Send that by snail mail too! Our congressional representatives give slightly more than ZERO weight to e-mail correspondence. For added measure, include your comment to the Library of Congress to your representative.

  • It's important to note that there are a number of specific questions that they are seeking answers to. This includes examples of current technological access control and whether it works or not. This includes the impact of said access control on both content users and providers. A prime example of this could be Macrovision on VHS. It is relatively cheap and easy to circumvent, but almost nobody bothers to do so to copy a video tape.

    The interoperability issue is important here as well, one (or more) of the questions relate to how access control can limit legitimate use of content. DVD CSS is a prime example, you purchased a DVD, you're licensed to view it, but cannot because there is no viewer for the operating system you use. LiVid circumvents the access control technology for the purpose of legitimate use (viewing a DVD). The fact that it can be used for illegitimate uses is irrelevant to the Copyright Office.

    A good strategy for your comments would be to copy the questions from the web site and submit answers to them point by point. These are the questions they want to resolve, those that clearly take the time to study and write clear, concise answers for each will receive more attention than the rambling flamebaiters.

  • News for most americans: The rest of the world don't care about your law.

    However, DMCA is based on some world-wide treaties. Which just shows that we need to organize not just nationally, but internationally, to adequately protect our rights.

  • You must answer the specific questions posed in the request for comments, or your letter will have no effect. I've copied the questions to this post to facilitate ease of discussion.
    5. Specific Questions

    The Office seeks comment on the following specific questions.
    Persons submitting comments need not address all questions, but are
    encouraged to respond to those as to which they have particular
    knowledge or information. Persons submitting comments are encouraged to
    submit concrete evidence, examples and data supporting their responses
    to these questions. Such submissions will carry greater weight than
    unsupported allegations and predictions.
    In response to each question, persons submitting comments are
    requested to distinguish between (a) their response with respect to the
    current state of affairs, and (b) their response with respect to the
    state of affairs that is likely to exist during the period between
    October 28, 2000 and October 28, 2003. For example, in responding to
    Question No. 3, persons submitting comments are requested to state (a)
    what technological measures that effectively control access to
    copyrighted works exist today, and (b) what new technological measures
    that effectively control access to copyrighted works are likely to be
    introduced between October 28, 2000 and October 28, 2003. In discussing
    the state of affairs that is likely to exist during the period between
    October 28, 2000 and October 28, 2003, persons submitting comments
    should explain the basis for their projections.

    A. Technological Measures

    1. What technological measures that effectively control access to
    copyrighted works exist today?
    2. Do different technological measures have different effects on
    the ability of users to make noninfringing uses? Can and should the
    Librarian take account of those different effects in determining
    whether to exempt any classes of works from the anticircumvention
    provisions of section 1201? If so, how? In determining what constitutes
    a class of works?

    B. Availability of Works

    3. How has the use of technological measures that effectively
    control access to copyrighted works affected the availability of such
    works to persons who are or desire to be lawful users of such works?
    4. Are there specific works or classes of works that, because of
    the implementation of such technological measures, have become
    unavailable to persons who desire to be lawful users of such works? If
    so, identify those works or classes of works and explain how they have
    become unavailable.
    5. Are there specific works or classes of works which, because of
    the implementation of such technological measures, have become less
    available to persons who desire to be lawful users of such works? If
    so, identify those works or classes of works, explain the ways in which
    they have become less available, and explain whether those works or
    classes of works are also available in other formats to which such
    technological measures have not been applied.
    6. If there are works that are available both in formats to which
    technological measures have been applied and in formats to which
    technological measures have not been applied, to what extent can the
    works in the latter formats substitute for the works in the formats to
    which technological measures have been applied?
    7. Are there works or classes of works that are available only
    electronically and only in formats to which such technological measures
    have been applied? If so, what are they?

    C. Availability of Works for Nonprofit Archival, Preservation, and
    Educational Purposes

    8. Has the use of technological measures that effectively control
    access to copyrighted works affected the availability of such works for
    nonprofit archival purposes? If so, how? Are there specific works or
    classes of works that have been affected in this respect? If so,
    identify them, explain how they have been affected, and explain whether
    those works or classes of works are also available in other formats to
    which such technological measures have not been applied.
    9. Has the use of technological measures that effectively control
    access to copyrighted works created problems with respect to the
    preservation of such works? If so, how? Are there specific works or
    classes of works that have been affected in this respect? If so,
    identify them and explain how they have been affected.
    10. Has the use of technological measures that effectively control
    access to copyrighted works affected the availability of such works for
    nonprofit educational purposes? If so, how? Are there specific works or
    classes of works that have been affected in this respect? If so,
    identify them, explain how they have been affected, and explain whether
    those works or classes of works are also available in other formats to
    which such technological measures have not been applied.
    11. For purposes of this rulemaking, in classifying works that are
    to be exempted from the prohibition against circumvention of
    technological measures that control access, should any classes of works
    be defined, in part, based on whether the works are being used for
    nonprofit archival, preservation, and/or educational purposes? (E.g.,
    ``new broadcasts'' may not be an exempted class of works, but ``news
    broadcasts used in the course of face-to-face teaching activities of a
    nonprofit educational institution, in a classroom or similar place of
    instruction,'' may be an exempted class.) Explain why or why not.

    D. Impact on Criticism, Comment, News Reporting, Teaching, Scholarship,
    or Research

    12. What impact has the use of technological measures that
    effectively control access to copyrighted works had on the ability of
    interested persons to engage in criticism, comment, news

    [[Page 66143]]

    reporting, teaching, scholarship, or research?
    13. What impact has the use of technological measures that
    effectively control access to copyrighted works had on the ability of
    interested persons to engage in noninfringing uses of such works,
    including fair use and activities permitted by exemptions prescribed by
    law?
    14. Are there specific works or classes of works with respect to
    which the ability of interested persons to engage in criticism,
    comment, news reporting, teaching, scholarship, or research has been
    hindered because of the implementation of such technological measures?
    If so, identify them, explain how such activities have been hindered,
    and explain whether those works or classes of works are also available
    in other formats to which such technological measures have not been
    applied.
    15. Are there specific works or classes of works with respect to
    which the ability of interested persons to engage in noninfringing uses
    has been hindered because of the implementation of such technological
    measures? If so, identify them, explain how such activities have been
    hindered, and explain whether those works or classes of works are also
    available in other formats to which such technological measures have
    not been applied.
    16. For purposes of this rulemaking, in classifying works that are
    to be exempted from the prohibition against circumvention of
    technological measures that control access, should any classes of works
    be defined, in part, based on whether the works are being used for
    purposes of criticism, comment, news reporting, teaching, scholarship,
    or research? Explain why or why not.
    17. For purposes of this rulemaking, in classifying works that are
    to be exempted from the prohibition against circumvention of
    technological measures that control access, should any classes of works
    be defined, in part, based on whether the works are being used in ways
    that do not constitute copyright infringement, e.g., as fair use or in
    a manner permitted by exemptions prescribed by law? Explain why or why
    not.

    E. Effect of Circumvention on the Market for or Value of Copyrighted
    Works

    18. In what ways can technological measures that effectively
    control access to copyrighted works be circumvented? How widespread is
    such circumvention?
    19. Has such circumvention (or the likelihood of circumvention) had
    any impact on the price of copyrighted works? Please explain.
    20. Has such circumvention (or the likelihood of circumvention) had
    any impact on the availability of copyrighted works? In particular
    formats or in all formats? Please explain.
    21. Has such circumvention had any other impact on the marketing of
    copyrighted works? If so, please explain the impact and which works or
    classes of works have been affected.
    22. Do the answers to any of these questions relating to the effect
    of circumvention on the market for or value of copyrighted works depend
    upon the class of work? Please explain.

    F. Other Factors and Questions

    23. For purposes of this rulemaking, what criteria should be used
    in determining what is a ``class'' of copyrighted works?
    24. With respect to any adverse effect on use of or access to
    copyrighted works that has been identified in response to any of the
    preceding questions, is there an explanation for the adverse effect
    other than the presence of technological measures that effectively
    control access to copyrighted works?
    25. Has the use of technological measures that effectively control
    access to copyrighted works resulted in making copyrighted works more
    widely available? Please explain.
    26. Has the use of technological measures that effectively control
    access to copyrighted works resulted in facilitating lawful uses of
    copyrighted works?
    27. Are there other factors that should be taken into account? If
    so, please identify and address those factors.
    28. What other comments, if any, do you have?
    29. Do you wish to testify at a hearing to be conducted by the
    Copyright Office in connection with this rulemaking?
  • Create a LaTeX document using the letter class (Or lyx/klyx and save as a LaTeX document.) If you have LaTeX on your system, most Linux and TeX dists include pdflatex.

    Say "pdflatex letter.tex"

    You should get a letter.pdf. You can verify it's readible with gv/gs (Assuming you have the Alladin GS that can read PDF files) or acroread (Assuming you have a libc5 system or the libc5 compatability libraries.)


  • Well, I think this is a good opportunities to express yourself and your position (and please DON'T FLAME, this would be worse than a suicide because you would cause harm to every consumer) but I am an European and I would like to know if they would accept letters from us non-American.

    I ask that because they say "This notice requests written comments from all interested parties" and given that America has a distasteful habit to put pressure on other countries to adopt their ways (like the software patent stuff) I feel myself concerned with the outcome of all this.

    Do you think I should send them a letter and specifiy clearly that I a not a citizen of the US of A???

    On the same subject, if you are not American I don't think this would be a good idea to mess things up by posturing AS an American, this would be as bad (if not worse) as flaming them.
  • This isn't a flame, but this made me laugh out loud...

    >Proofread you letter.

    It's just so ironic that the only error in the post was on hte line that told people to proofread...

    You may now continue with your lives...
  • I don't quite agree with the spam part but I would not mind some sort of rsync service for sites to mirror from with possibly a round robin dns of master sites that update more often? Anyone want to join in?
  • Try this with free software:
    1. Download LyX [lyx.org]
    2. Use the "letter" template to write your letter
    3. Export to postscript
    4. use ps2pdf to create a PDF file
    5. Send it to the LOC.
    Alternately, you could print it out from the PS and wow everybody with the awesome typesetting quality of TeX.

    Glad to be of service,
    jwb

  • and don't send plain email. you have to send a pdf file or a word document with sufficient information about yourself.

    What i find interesting about this is the choice of required submission file formats. Although i believe that adobe is available for *nix, word perfect or microsoft word is certainly showing an OS preference, which started this mess in the first place! (and yes, i know about StarOffice)

    It would have been nice and neutral to allow submissions in plain text (why don't they *always* ask for that!?!), postscript, or even HTML!

    Even if we ignore the platform independence thoughts, all the formats in which they want to receive the information are closed source!

    I think the ideals of this case need to be explained more fully to the court.

  • Here are a few quotes from their document:

    1. They prefer electronic form
    The Copyright Office will be placing all comments and reply comments that are submitted in electronic form on its Website (http://lcweb.loc.gov/copyright/1201). Because of this, the Office prefers that comments and reply comments be submitted in electronic form, in one of the following formats...

    Plus, as you can see by the quote below, your comments are more likely to get posted to their web site if you submit them electronically.

    2. If you send it via snail mail...
    Anyone who is unable to submit a comment in electronic form should submit an original and fifteen paper copies by hand or by mail to the appropriate address listed above. It may not be feasible for the Office to place these comments on its website.

    Yep, 15 copies. You'd probably better do this unless you want somebody who doesn't feel like making copies h(im|er)self to set your comments aside and forget about them.

  • Automobiles are not subject to copy protection. The DCMA will not prohibit reverse engineering of any automobile or other nuts and bolts product. I will write a letter tonight. I will politely state that I own a computer system that runs the Linux operating system and that I wish to play legitimately purchased DVDs on my computer system. The techonological protection section of the DCMA prevents me from doing so and prevents the programmers who have been writing such software from doing so unless an exemption is granted for personal use of DVD media under alternate operating systems.
    Anomalous: inconsistent with or deviating from what is usual, normal, or expected
  • How is this DeCSS different from any number of prior /LEGAL/ reverse engineering attempts?

    Well, for one they are giving away the product of their reverse engineering...Reverse engineering has a precedent...but giving it away doesn't

    should it matter?

    Jazilla.org - the Java Mozilla [sourceforge.net]
  • by Hard_Code ( 49548 ) on Friday January 21, 2000 @11:23AM (#1349722)
    How is this DeCSS different from any number of prior /LEGAL/ reverse engineering attempts?

    Well, for one they are giving away the product of their reverse engineering...Reverse engineering has a precedent...but giving the results away might not

    should it matter?

    Jazilla.org - the Java Mozilla [sourceforge.net]
  • Software is very similar to a book, and the copyright laws have long been established in an acceptable manner regarding books. Software is just a list of instructions, like a book is a list of words. You read a book by examining the words in order, just as you use software by examining the words in order. I know a blind girl who puts her textbooks on a scanner so that her computer can read them out loud to her. In the same manner, a computer reads the instructions in software and performs a task. Saying that people cannot reverse engineer software is like saying that only computers have the right to read books.

    I suggest using an analogy similar to this in your letters.
  • this is fascinating - what this whole bruhaha seems to be about is generating a new revenue stream, not only from the media, but from the PLAYBACK device as well - like has been said, it's not about copying, but under the guise of restricting access, they claim the right to charge yet another fee - whether paying for a license to the media AS WELL AS paying for a license for something to view the media with will stand up in court, that's the 64 billion $$ question. Maybe these guys are also salivating over M$'s billions, where youse pays for the server, you pays for the client, and then you pays once again for the client to access the server. The more you pay, the better it is! Put another nickle in...

    The Scarlet Pimpernel
  • It seems to me that the U.S. Constitution requires a broad reading of the exemptions in the DMCA.

    Why?

    If it was Congress's intent to ban software like the LiViD project, then they would be effectively granting the members of the DVD CCA a permanent copyright on the material on the DVD. That is, Congress would be making it permanently illegal to copy the contents of the DVD in any manner not approved by the DVD CCA, simply by virtue of the fact that technical means had been used in an attempt to prevent such copying.

    Congress does not have the power to grant permanent copyright! Article I, section 7, grants it the power

    To promote the Progress of Science and useful Arts, by securing for
    limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
    (emphasis mine) Thus, if Congress had intended to make a program like the LiViD project illegal dispite its legitimate uses, the DMCA would be unconstitutional!

    What do you all think of this argument?

  • The Library of Congress is empowered to study only particular aspects of the affects of 1201(a)(1). This is not a forum to attack other bad aspects of the copyright law, such as the length of copyrights, and it emphasises actual and expected harms to yourself. The form of submission and the exact questions are explictly laid out in the RFC [lib.md.us]

    Other resources you might want to consult are. The text of the DMCA [loc.gov] itself. Relavent sections are 1201(a)(1) (the section under review),and sections 1201 (c),(d),(e),(f),(g),(h),(i),(j) (exceptions to the section under review).

    As the questions in the RFC make clear. Personal experience as a copyright producer, distributor, or consumer is the most valuable. Actual harms, such as not being able to view a DVD under your chosen operating system are valid are probably the most persuasive. Try to come up with monetary costs of compliance. Like "it would cost me $100 for Windows + $50 worth of harddrive space + $X for a DVD viewing program to view my legal DVD's on my computer without using a program contravened by 1201(a)(1)". Note that inconvenience in and of itself is not at issue.

    Use as many other examples as you can think of, variety is the spice of life. Security information is another major issue. Notwithstanding the relief granted by 1201(j), 1201(a)(1) seem to prohibit sites like rootshell and bugtraq which may not be able to freely post reverse engineered security information because it facilitates infringment.
    --
  • Odd. I remember having a home computer before IBM ever released a PC model that had a BIOS to be reverse engineered.
  • Not funny. This is serious stuff. 31337 speak will not impress anyone.
    Anomalous: inconsistent with or deviating from what is usual, normal, or expected
  • Yup. You're right. Rather ironic I guess, but thats the way things go. Rest assured, I will proofread my letter a little more carefully than I proofread my post.

    It's funny. About half my posts are apologies for misspellings and other errors. I guess that should be a sign to me somehow. =)

    --Nick
  • Would good guidelines help keep restraining orders based on DMCA from being approved? This matters a lot, when the real strategy of RIAA and MPAA is to club you into submission with TROs, and to scare ISPs into pulling the plug.
  • Automobiles are not subject to copy protection. The DCMA will not prohibit reverse engineering of any automobile or other nuts and bolts product.

    Actually, the auto manufacturers have invented systems that could be considered copy-protection on their intellectual property. Proprietary screwheads, one-way bolt heads, various wiring shrinkwrap mechanisms, the 'computer' in any modern car. I'm sure there are other examples. The real point here is that broadly worded legislation can be manipulated to apply to a lot of things which are quite unrelated to the original intent. Bringing this to the attention of those who do such interpreting sounds like a good thing.

    BTW, the argument that copy-protection fuels a monopoly on the player devices is good, as well.

  • and don't send plain email. you have to send a pdf file or a word document

    For those of you without a copy of Word or WordPerfect handy (which I suspect may be a lot of us *nix users), it seems that Adobe has a free service which will turn any file into a PDF and e-mail it to you [adobe.com]. You get 10 conversions per e-mail address you register with them. It accepts text and HTML uploads, and the output from an HTML file is pretty reasonable. (I had some trouble with a file with links in it though, so you might want to get rid of any before using this.)

  • From what I've read it appears that if anyone attempts to reverse engineer what I've stored using a copyrighted technique then this action is considered illegal and is punishable with powerful action. I've been browsing through Knuth's Art of Computer Programming vol III and I read of an early sorting program whose sole purpose was to produce optimized copyrighted sorting programs --- an automatic copyrighted code generator. So, here is what I'm thinking:

    We create a similar product which creates copyrighted encryption programs. We then use these copyrighted encryption programs to talk about whatever we damn well please. If our communcations are intercepted and decrypted we cite the DMCA and use it against whoever decrypted our message. These programs don't have to be snazzy encryption products, they could and should fit within what is exportable by law. This way, we can use the power of the DMCA to protect our secrets.

  • What's even scarier to me is that, yeah, we have to buy a licensed player, but it's a one time fee. For now. Consider what would happen if the DVD consortium realized what the UCITA would do for them. And if the UCITA got passed...

    Mankind has always dreamed of destroying the sun.

  • In fact, there are a number of people right here on /. that would qualify as proofreaders, so those who are writing letters would do well to post them here first, asking for suggestions.

    Those who want to serve the community as proofreaders would be most helpful if they would read at level 0 or 1 since a lot of the letters won't get moderated up.

    I hope we can have an effect here.
  • by mcc ( 14761 )
    either way, there's a chance that any comments getting posted on a government website are going to be read by some people outside of slashdot (read: people who don't already approve of or don't already understand decss).

    anything that increases public awareness of what the DVD forum is doing to restrict freedom of information is good. public opinion _does_ affect both court and law.
  • Don't forget, they request 15 copies when sending paper mail.
  • We all remember the story of how a few Texas Instruments engineers went into a "clean room" and reversed engineered the IBM BIOS, which allowed them to produce their own PCs, start a small company called Compaq, and create the biggest industry of the century. (documented in, for example, "Accidental Empires").

    If a law had prevented them from using what they had learned in the clean room to produce their own BIOS chips then we would not the vibrant PC industry that we have today.
  • and I'm calling upon him to get a makeover

    ROTF,LMAO. Let's get Stallman on Ricki!!!!

  • by CaptainCarrot ( 84625 ) on Friday January 21, 2000 @11:56AM (#1349742)
    I am reminded of a recent "Ask /." discussion [slashdot.org] about whether techies understand legal issues as poorly as lawmakers understand technical issues. One advantage techies have in understanding the law is that all terms that are not standard legalese must be explicitly defined (declared?) at some point in the statute. My interest is particularly aroused by this bit:
    (B) 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.
    Here, the lawmakers have attempted to generically describe encryption or copy-protection schemes without actually mentioning any such scheme explicitly. I suppose this might be done so that future schemes currently not foreseen by the current state of the art may also be covered by the law. But haven't they shot themselves in the foot here? All digitally encoded information, be it music on a CD or a movie on a DVD, requires "the application of information, or a process or a treatment" in order to present the information to the user in its intended form. Presumably when one slips, say, a CD into the stereo one is initiating the decoding of the digital information sitting on it with the authority of the copyright holder. (They do want you to play the music, right?) To extract the information, i.e. play the CD, in a manner not authorized by the copyright holder - such as using it in a public performance without payment of suitable royalties - is already illegal by existing copyright law.

    Copy-protection schemes merely add another level of encoding to the information, requiring different information to be applied in order to extract it, but not differing qualitatively in that the information needs to be decoded regardless. So as far as I can see, this section of the code adds no protections whatsoever to copy-protected or encrypted information.

    But in order for the lawyers to see that, they have to be able to understand how the law as phrased relates to the processes they are regulating. It's clear to me that they do not.

  • by Anonymous Coward
    After reading the CO's letter, I noticed that page 66141 has a problem:
    During the 2-year period described in subparagraph(A), and during each succeeding 3-year period, the Librarian of Congress, upon the recommendation of the Register of Copyrights, who shall consult with the
    Assistant Secretary for Communications and Information of the Department of Commerce and report and comment on his or her views in making such recommendation, shall make the determination in a rulemaking proceeding on the record for purposes of subparagraph (B) of whether persons who are users of a copyrighted work are, or are likely to be in the succeeding 3-year period, adversely affected by the prohibition under subparagraph (A) in their ability to make noninfringing uses under this title of a particular class of copyrighted works.
    Why would the Assistant Secretary for Communications and Information of the Department of Commerce need to be involved? She (Elizabeth Wagner) has played a not-so-trivial behind the scenes role in both the recent bad press associated with 2600 [farmsex.com] over the DeCSS issue and the not so well publicized civil suit against various programmers for "violations" of the Digital Millennium Copyright Act [pussyman.com].

    As usual, what appears to be a good step taken by the govt. turns out to be more sinister than imagined.
    -----Charlie Benante
  • You don't need to tell me that - but seriously. Altair/Vic-20/Atari/Amiga would never had created today's society on their own. The PC-clones were and are needed still today ...

    I expect Symbian [symbian.com] to change all that though :)

  • ecampbel's _Simple Letters won't cut it_ is perhaps the most important post I've seen on this thread. To have an effect on their decision making process, we need to answer the questions they're asking and address the issues they are examining. If my reading of their document is correct, informed and autoritative letters will hold much more weight on their decision than a mass of knee-jerk activist-type responses.

    I hope high-profile autorities in the Linux community will respond to their request.

    Don't get me wrong, I'm going to write in, too, even though I'm in no way autoritative or high-profile. On the other hand, I'll be writing with a copy of the request document in hand.

    "Space exploration is not endless circles in low-earth orbit." -Buzz Aldarin
  • >we are also free to do as we please with our possessions.

    Right, and I think 'possessions' is at or near the crux of the matter. If you buy a DVD, your perception of your rights to use that recorded media as you see fit ovbiously are different than what the DVD CCA would like. You want to be able to play it whenever you like on whatever device you prefer. They don't want you to play it on a device or system that they can't control and exact some kind of membership fee or other tax.

    I've seen arguments back and forth about whether piracy is an issue with the prohibitive costs and bandwidth restrictions, but I think a far more compelling motivation in all this is to keep all the lisencees in lock-step and keep under their control who can manufacture systems that can play DVD CSS'ed information.
  • Secret evil unix-foo technique: send them a text file with a name ending in ".doc". Word will open it, and the user need never know that they've been tricked into accepting a file in a secure, portable, lightweight format.
  • Well if you read the article the LOC is planning on placing copies of all electronic comments on their website. Weither they do that as they receive the comments are all in one bulk at the end is another question.
  • Did you actually read the fscking link?

    They intend to post the comments on their web site. To that end, they have said that they PREFER e-mail to hardcopy. To quote:


    1. Written Comments

    The Copyright Office will be placing all comments and reply
    comments that are submitted in electronic form on its Website (http://
    lcweb.loc.gov/copyright/1201). Because of this, the Office prefers that
    comments and reply comments be submitted in electronic form, in one of
    the following formats:
    If by electronic mail: Send to ``1201@loc.gov' '' a message
    containing the name of the person making the submission, his or her
    title, organization, mailing address, telephone number, telefax number
    and e-mail address. The message should also identify the document
    clearly as either a comment or reply comment. The document itself must
    be sent as a MIME attachment, and must be in a single file in either
    Adobe Portable Document File (PDF) format (preferred), or in Microsoft
    Word Version 7.0 or earlier, or in WordPerfect 7 or earlier.
    If by regular mail or hand delivery: Send, to the appropriate
    address listed above, two copies, each on a 3.5-inch write-protected
    diskette, labeled with the name of the person making the submission,
    his or her title and organization. The document itself must be in a
    single file in either Adobe Portable Document File (PDF) format
    (preferred), or in Microsoft Word Version 7.0 or earlier, or in
    WordPerfect Version 7 or earlier.
    Anyone who is unable to submit a comment in electronic form should
    submit an original and fifteen paper copies by hand or by mail to the
    appropriate address listed above. It may not be feasible for the Office
    to place these comments on its website.
    All written comments (in electronic or nonelectronic form) should
    contain the name of the person making the submission, his or her title,
    organization, mailing address, telephone number, telefax number and e-
    mail address.

    Steven E. Ehrbar
  • While e-mail is okay, snail mail is better, so spend some money on stamps.

    Wrong! To quote them:


    1. Written Comments

    The Copyright Office will be placing all comments and reply
    comments that are submitted in electronic form on its Website (http://
    lcweb.loc.gov/copyright/1201). Because of this, the Office prefers that
    comments and reply comments be submitted in electronic form, in one of
    the following formats:
    If by electronic mail: Send to ``1201@loc.gov' '' a message
    containing the name of the person making the submission, his or her
    title, organization, mailing address, telephone number, telefax number
    and e-mail address. The message should also identify the document
    clearly as either a comment or reply comment. The document itself must
    be sent as a MIME attachment, and must be in a single file in either
    Adobe Portable Document File (PDF) format (preferred), or in Microsoft
    Word Version 7.0 or earlier, or in WordPerfect 7 or earlier.
    If by regular mail or hand delivery: Send, to the appropriate
    address listed above, two copies, each on a 3.5-inch write-protected
    diskette, labeled with the name of the person making the submission,
    his or her title and organization. The document itself must be in a
    single file in either Adobe Portable Document File (PDF) format
    (preferred), or in Microsoft Word Version 7.0 or earlier, or in
    WordPerfect Version 7 or earlier.
    Anyone who is unable to submit a comment in electronic form should
    submit an original and fifteen paper copies by hand or by mail to the
    appropriate address listed above. It may not be feasible for the Office
    to place these comments on its website.
    All written comments (in electronic or nonelectronic form) should
    contain the name of the person making the submission, his or her title,
    organization, mailing address, telephone number, telefax number and e-
    mail address.


    Steven E. Ehrbar
  • WRONG! Read the fscking link -- they say they PREFER e-mail -- and for snail-mail, you must send them 16 copies of your letter.

    Steven E. Ehrbar
  • If you're a linux user, you've probably already got this program installed. To begin, open a text editor and begin with these lines:

    \documentclass{article}
    \title{*YOUR TITLE HERE*}
    \author{*YOUR NAME HERE*}
    \begin{document}
    \maketitle


    Then, you can go ahead and type your comments; remember LaTeX ignores spacing between words and sentances, it modifies the spacing to format the document better. % and $ need to be escaped with \, and when you are done with the document, end it with this line:

    \end{document}

    That's the whole banana. Now run latex *filename.tex and then dvips *filename*.dvi -o *filename*.ps and then ps2pdf *filename.ps* *filename.pdf* to get a PDF file. If you want to do it in a slightly more complicated way, you can add \usepackage{hyperref} right between \documentclass{article} and \title{*title*} and then run pdflatex *filename*.tex to get a better PDF file out.

    Better introductions are available on the net, as are good books and good help.

    Daniel
  • The only way the comments would help is as evidence the EFF could use in court that DeCSS's intent is not piracy, but playback of legitimate content.

    This is a little short-sighted. The MPAA, RIAA, DVD CAA, and many others will abuse the hell out of the DMCA as long as it is profitable to do so. The guidelines might at least make it a little harder (and less profitable) for them to do so in the future.

    We're obviously dealing with organizations that don't give a rat's ass who they hurt (even if it's everybody) as long as there is profit to be made. They have tremendous amounts of resources that they can use against individuals and smaller organizations to silence them even when they aren't doing anything illegal.

    I'm sure they see the DMCA as a way to strengthen their position even more, to give them that much more ammo to use against would-be competition and anyone else that gets between them and potential profit. Comments submitted stand to dilute the added power the DMCA gives them. The comments could possibly even undermine other laws that the industry abuses but that's probably overly-optimistic on my part--I'd love to have someone tell me I'm wrong.

    They're too powerful already. They are not scared to threaten our freedoms publicly in courts of law. They think they are untouchable, but I hope they are wrong. One thing that I am certain of is that we can't afford to miss any opportunity to erode their power.

    These organizations may claim that piracy over the Internet will be a death sentence for them. This is not true, but if it was it would be well deserved. Maybe if we can make an example of them other corporations will learn to step a little more lightly. We have a great equalizer now--we'd best use it.

    Sorry about the rant and topic drift. I'm going out for a pint or six of Guinness.

    numb
  • Signal 11, usually I agree with your statements, but you should have tried to RTFA this time. They want electronic email (as attachments in word or wordperfect formats) preferably. They even stated that they would prefer snail mail to be in disk form with the documents on that. In case you don't have access to either, they will accept paper, if you make 15 copies. In other words, alot of people are going to be sharing what your write, and they would prefer electronic so it can be passed around easily, this isn't your everyday letter to the editor. This a request for mass comment
  • The tool ps2pdf is part of Ghostscript, and can be used to create PDFs from PostScript files.
  • by dgoodman ( 51656 ) on Friday January 21, 2000 @01:22PM (#1349782) Homepage
    here is verbatim (minus the personal info, which if you really want it, can be dug up from the loc.gov site when they post my letter...) my letter to the loc, for your perusal, and for you to steal ideas from. comments on what i sent would be cool, too: although if there's something wrong with it...well, its already been sent. heh.

    ------------------>8 cut here---------------------

    21 January 2000

    A Comment.

    Librarian: I seek to comment on questions 3, 4, 18, 21 and 22 posed in DOCID:fr24no99-23, "Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies" with regard specifically to the class of copyrighted works known as DVD (Digital Versatile Disk).

    DVD's are a popular new format for the distribution and playback of motion pictures. The DVD format is controlled by a standards organization known as the DVD Consortium. To ensure and safeguard against unlawful duplication, the content has been encrypted; only a DVD player (a console unit or computer software) authorized by the DVD consortium is allowed access to a decryption key. This key is necessary for playback.

    Computer software for the playback of DVDs is widespread and common for both Apple Macintosh computers and PC's running Microsoft Windows. However, there is currently no software for several other PC based operating systems: Linux, BSD, Solaris, OS/2, and several others, nor do any companies with a license from the DVD Consortium have any plans for creating such software. Thus, there is a significant population of computer users who cannot lawfully use DVD technology, namely those running Linux, BSD, Solaris, OS/2 or any other non-Microsoft Windows operating system.

    It is my opinion that those who reverse engineer DVD encryption systems to ensure interoperability of DVD products on officially unsupported platforms should be exempt from the clauses in the DMCA prohibiting circumvention of access control technologies. I have in mind, of course, the authors of deCSS, software designed to defeat DVD encryption, and the LiViD project, a group working on creating a DVD player for Linux (which relies on deCSS, and is intended for legal viewing of properly acquired DVDs).

    This leads into question number eighteen, twenty-one and twenty-two: with the widespread availability of deCSS, nearly anyone with a computer and some knowledge of computer programming may decode a DVD. To this point DVD encryption has been very weak; this of course facilitated its circumvention. Even if it had been strong, though, it would have been circumvented eventually: no security is perfect. Suppose, for example, that DVDs have been given newer, incredibly strong encryption technologies that ensured only licensed players could decrypt a DVD: it could still be circumvented by merely tapping the cable that connected a player to a television: this signal could be captured and recorded onto another format. Take also into account that most motion pictures are released onto VHS tapes: this format has no built in security at all, yet motion picture producers still use the format widely, because it is popular. Thus, even if copying DVDs becomes widespread, I dare opine that sales of motion pictures in any format will not be harmed.

    Thus, I posit for your consideration, that access control technologies are in the end potentially harmful to consumers, as it can, under certain (and not uncommon) circumstances limit availability of copyrighted works to those who wish to lawfully obtain them, as evidenced by the problems with DVDs. Further, I posit that a lack of access control technology has not hurt copyright holders in the past: if illegal copying of VHS cassettes or CD audio disks had been widespread enough to cut deeply into their sales, entertainment companies would have dropped the format for something different: neither VHS nor CD format have been dropped, nor are there publicly available plans to do so in the foreseeable future. Therefore, I further argue that any circumvention of access control technology does not and cannot harm producers of copyrighted content; further, I conclude that the availability of access control circumvention is a boon to the consumer, allowing for greater choice of formats and an insurance that any given format will be interoperable with any and all hardware and software that are capable of interoperating with said format.

    -------------->8 cut here-----------------

  • by nathanh ( 1214 ) on Friday January 21, 2000 @01:23PM (#1349783) Homepage
    yes, you wrote the software all by yourself
    (but we'll say you stole trade secrets)

    yes, you did it without signing an NDA
    (but we'll say the shrinkwrap license counted)

    yes, you did it without stealing code
    (but we'll say you illegally reverse engineered it)

    yes, you did all this solely for the purpose of viewing dvds
    (but we'll say you did all this solely for piracy)

    yes, you purchased your dvd discs and drive legally
    (but we'll say that your fair-use rights don't count)

    yes, you have never created an illegal copy of any of our titles
    (but we'll say that you are a thief and a pirate)

    we are above the law because we have more money than you

    we control your courts and we write your laws

    democracy, freedom, liberty... not for you...
  • by DataGrok ( 81077 ) on Friday January 21, 2000 @01:35PM (#1349793) Homepage

    How many people will see this article two days from now, after it has faded into the archives of "old slashdot news"? I suspect that there will be a bombardment of comments to the copyright office today that will trickle off as we near the deadline.

    I propose that an ad banner should be created, pointing to a central source for advocacy, (http://www.opendvd.org [opendvd.org] maybe?) ... Containing by then a copy of this story, an advocacy mini-howto, and a link to the copyright office comment box. If this ad were to run on the Andover network of sites (and maybe also be picked up by traffic-heavy sites with opendvd-friendly admins as well... linux.com [linux.com]?), we might get more thurough feedback on this important issue, even after the slashdot effect dies away.

    What do you think?

    -Mike

  • So does anyone actually use deCSS for anything? I read all the comments since the controversy began and found only 1 person who actually tried to use it. This is a controversy based on principle and has nothing to do with being able to watch DVDs on a Linux box. As such, we can only expect the MPAA to win as students lose interest in fighting. Nobody's complaining about not being able to write mp3 encoders anymore.
  • by Animats ( 122034 ) on Friday January 21, 2000 @02:26PM (#1349802) Homepage
    The use of copy protection to enforce tying, i.e. requiring you to buy a specific player to play content, is generally illegal under the antitrust laws. Thus, attempts to use the copyright laws to enforce a tying arrangement are improper. This relates not only to CSS, but to such issues as whether you can legally sell a player for Playstation games, or a player for proprietary streaming content. It's important to win this one, or we're going to see a whole generation of "authorized hardware", "authorized software", and an associated licensing monopoly. The implications for the Linux world are obvious.

    The "reverse engineering" exemption in the DMCA must be interpreted to permit any activity with the effect of overcoming illegal tying by content vendors.

    I suggest mentioning tying when commenting on this issue. Tying arrangements, sometimes called "tie-in sales", where you have to buy something you don't want to get something you do want, are the issue monopolies usually lose antitrust cases on. IBM lost this one several times (compatible mainframe peripherals) AT&T lost (long distance), and the movie industry lost (forcing "B" movies on theater owners). So there's good history here to remember and exploit.

  • Even if it is a controversy no one ever used, this does not mean that we should drop this out. Let us note the main problem. DeCSS is a piece of software someone created to make OS Linux play DVDs. One person may use it. Two, three, five persons may use it. A whole crowd may use it. Or no one. But the problem is not here. The problem is that a group of producers are restraining the use of DVD technology. They may doing this for logic or selfish reasons.

    Now shall I be forced to use only a restricted group of software/hardware to see DVDs? In many countries, Russia included, there are a set of provisions allowing reverse engineering to provide functionality on areas a software/hardware producer left untouched. I can adapt software hardware systems to my needs, upon the condition that I am not running over the rights of the copyright owner. I can, in certain cases, offer my own functionality add-on, upon condition that it does not impair the rights of the copyright author.

    Frankly deCSS falls in middle of a copyright embroglio. First it adds a non-supplied functionality to a system. Second it may be used to pirate copyrighted stuff. And here it does not matter how many people use or don't use it.

    However there is something that may turn the arrows against MPAA. It seems that many slashdotters don't realize that DVD piracy is becoming a HUGE industry. And it started long before this deCSS stuff. Frankly it took me less than 10 minutes to find two sites dealing with several ways to break DVD restrictions. One of these sites claims to be an year and a half old: dvdpiracy.com. Considering the content, the methods, the level of hardware/software "hacks", one wonders why such a small thing like deCSS came to rise such a noise.

    Considering what goes on it seems that MPAA is not interested on restricting piracy but controlling the market. By restricting the use of their production to a subset of software/hardware (btw Apple's Mac and *NIXes have also problems with DVD compatiblity). Why they do that is still a bit in the shadows. But the fact is that, presently, not everyone can use DVD. And when one tries to overcome this problem MPAA and alikes rise a BIG noise about it.

    If it comes to the fact that deCSS got the attention of MPAA because they do not want to have Linux in their market then we are dealing with monopoly policies. In such case the curse may turn against the curserer...
  • DVD's are a popular new format for the distribution and playback of motion pictures. The DVD format is controlled by a standards organization known as the DVD Consortium. To ensure and safeguard against unlawful duplication, the content has been encrypted;

    And you were doing so good there. ;( You chouldn't have perpetuated the myth of the DVD Consortium, that encrypting the content prevents the encrypted content from being duplicated. The encrypted content can be copied to your heart's content (if you have the necessary equipment to burn DVDs, or if you have a massive amount of disk space). What encrypting the content, and attacking anyone who defeats the encryption, protects is the cartel of DVD player manufacturers, and the fees they can charge anyone who wishes to join the cartel.
  • Laugh...

    Oh God! This is funny! I've never read a more blatant (and stupid troll).

    You think the commercial piracy operations in Thailand, China, Russia and other countries haven't been working on decrypting the pathetic 40-bit encryption [wired.com] for the day when they won't be able to sell videotape through their channels? You think they don't have access to anyone who has a good hacking mind and who they can pay a really good salary?

    Oh, incidentally, the point of eliminating fair use, controlling the players, etc. is because they could care less about your DVD collection. They want you to have to buy the same content again... and again and again and again and again. And if they eliminate the idea that you actually own the DVD you bought and have a right to view its content, then they'll be able to do just that.

    Oh, and don't assume that every radical dude wearing a Linux T-Shirt is unarmed and hasn't spent time at a firing range... you might be unpleasantly surprised. (At least you won't look stupid by posting poorly written trolls to Slashdot... ever again.)

    You know, you lawyers for the DVD CCA are getting really desperate...

  • Could someone give us the poop on region codes, please?

    From what I picked up in an earlier discussion, they sound like nothing more than software support for a price-fixing scheme. If this is the case, then it should perhaps be mentioned in our statements (and may well be grounds for a class-action lawsuit, to boot).

    But if "price fixing" is a misinterpretation/misrepresentation of the function of region codes, then of course they should not be mentioned. So if you've got a clue on this, please share it with those of us who don't. Thanx.

    --
    It's October 6th. Where's W2K? Over the horizon again, eh?
  • Price fixing plus preventing movies from being distributed on DVD before being released in the cinemas in the same countries. I hear that they sell much better in these "late release" countries, because everyone has been watching reviews and trailers for ages.

    Actually this has been ruled illegal in some countries (or at least one: New Zealand). It probably would be in the US, if it wasn't that it is profit mainly for US companies, and most of the releases come out first in the US.
  • by copito ( 1846 ) on Friday January 21, 2000 @05:29PM (#1349827)
    Section 1201(a)(1) of the DMCA (the section used to sue the DeCSS distributors) explicitly is not about copying but about access control. Obviously there is a big difference, since copy protection is the entire historical purpose of copyright law, not access protection.

    Private fair use puts some reasonable limits on copying, but private access to legally purchased copyrighted materials is a fundamental right and the DMCA restricts it by making the tools to achieve that access illegal.
    --
  • You can often run a self extracting executable through unzip to uncompress the data.
    --
  • The 1201(a)(1) only protects copyrighted work. When the first CSS protected DVD work is no longer copyrighted, it will probably be legal to distribute DeCSS since it will then have the legitimate commercial use of decrypting public domain DVDs. This will occur in around 2090. The chances of DVDs still being playable then seem slim.

    Even worse, congress seems bent on extending Copyrights indefinitely. Disney can't loose the copyright on Mickey after all. Copyrights have been extended retroactively (how's does retroactive copyright promote art?) at an average rate of one year per year since 1962. So if you think that DMCA is unconstitutional on time grounds, read Opposing Copyright Extension [asu.edu] and be prepared to get really mad.
    --
  • The ruling that just took place at the Santa Clara County Court has nothing to do with the DMCA; the plaintiff's case was that the DeCSS crowd misappropriated a trade secret and in doing so injured their members' business. As has been pointed out elsewhere, the DMCA is a piece of Federal legislation and can only be prosecuted in a Federal court.

    Consciousness is not what it thinks it is
    Thought exists only as an abstraction
  • While e-mail is okay, snail mail is better, so spend some money on stamps.

    No, snail mail is not better in this case, they specifically said in the link that they are posting all submissions to their website and they really prefer email! If you send snail mail you have to send 15 (that's FIFTEEN) copies and it probably WILL NOT make it to the website, so they are saying PLEASE PLEASE SEND EMAIL [mailto] NOT SNAIL MAIL!!

    From the link:
    1. Written Comments

    The Copyright Office will be placing all comments and reply comments that are submitted in electronic form on its Website (http:// lcweb.loc.gov/copyright/1201 [loc.gov]). Because of this, the Office prefers that comments and reply comments be submitted in electronic form, in one of the following formats: If by electronic mail: Send to ``1201@loc.gov [mailto]' '' a message containing the name of the person making the submission, his or her title, organization, mailing address, telephone number, telefax number and e-mail address. The message should also identify the document clearly as either a comment or reply comment. The document itself must be sent as a MIME attachment, and must be in a single file in either Adobe Portable Document File (PDF) format (preferred), or in Microsoft Word Version 7.0 or earlier, or in WordPerfect 7 or earlier.
    If by regular mail or hand delivery: Send, to the appropriate address listed above, two copies, each on a 3.5-inch write-protected diskette, labeled with the name of the person making the submission, his or her title and organization. The document itself must be in a single file in either Adobe Portable Document File (PDF) format (preferred), or in Microsoft Word Version 7.0 or earlier, or in WordPerfect Version 7 or earlier.
    Anyone who is unable to submit a comment in electronic form should submit an original and fifteen paper copies by hand or by mail to the appropriate address listed above. It may not be feasible for the Office to place these comments on its website.
    All written comments (in electronic or nonelectronic form) should contain the name of the person making the submission, his or her title, organization, mailing address, telephone number, telefax number and e- mail address.

...there can be no public or private virtue unless the foundation of action is the practice of truth. - George Jacob Holyoake

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