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Date:      Thu, 16 May 2002 13:52:36 -0500
From:      Mike Meyer <mwm-dated-1022007157.577b53@mired.org>
To:        Rahul Siddharthan <rsidd@online.fr>
Cc:        Nils Holland <nils@daemon.tisys.org>, freebsd-chat@FreeBSD.ORG
Subject:   Re: The road ahead?
Message-ID:  <15587.65524.899611.798267@guru.mired.org>
In-Reply-To: <20020516193049.G79514@lpt.ens.fr>
References:  <20020516004909.A9808@daemon.tisys.org> <15586.61471.456290.764885@guru.mired.org> <20020515211922.J1282@darkstar.gte.net> <3CE34A8B.7D999E2C@mindspring.com> <20020516091031.A2259@daemon.tisys.org> <15587.56669.382241.766052@guru.mired.org> <20020516192546.B8944@daemon.tisys.org> <20020516193049.G79514@lpt.ens.fr>

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In <20020516193049.G79514@lpt.ens.fr>, Rahul Siddharthan <rsidd@online.fr> typed:
> Nils Holland said on May 16, 2002 at 19:25:46:
> > I should probably try to get some more in-depth information on that topic,
> > but from the bits and pieces I currently know, this is very insane. Seems
> > that some companies want to make *any* technology illegal that *could*
> > theoretically be used to violate the copyright. That's somhow like
> > outlawing ordinary knives, as these could (illegally) be used to kill
> > people...
> That's exactly what the DMCA is about.

Half right. The DMCA proper doesn't have the hardware requirement on
the computer industry, nor does it make it illegal to break the
encryption even if you don't violate the copyright. The DMCA is law,
and makes it illegal to *tell* someone how to break the encryption, or
sell devices that can be used to break the encryption. So if Stephen
King bought a copy of his novel as a PC e-book, you couldn't legally
give him the software to read it on the Mac, or tell him how to do
it. If he figured out how to break it himself, or got the software to
break it illegally, his actually breaking the encryption software
wouldn't be illegal under the DMCA. People have already been arrested
for violating the DMCA.

There was a bill called "DMCA Title II" until the authors decided to
put a positive spin on it and change the name to "Security Systems
Standards and Certification Act". This is the bill that has the
hardware requirements in it. It also makes breaking the encryption
illegal, and puts control of encryption research in the hands of the
MPAA and RIAA. And some naive people thought the publishers had
overextended themselves with DMCA, and it was going to be retracted.

> This week's lwn.net has an interesting comment: recently people have
> reported that copy-protected audio CDs can be played/ripped simply by
> covering their outer tracks with a black marker or a Post-It.  If that
> is so, black markers and Post-Its are devices that can be used to
> circumvent digital copy controls, and therefore should be illegal
> under the DMCA... 

lwn.net is in violation of the DMCA. The people using black tape
etc. are not, but would be in violation of the SSSCA if it were
passed. And Stephen King couldn't legally use a Mac to read his own
novel sold for use on a PC.

Finally, people who own Mac's that came with flatpanel displays have
discovered that these not-quite-CD things will cause their Mac to lock
the CD drive, requiring a technician to get the thing to release.

This wonderful thing is from the country that brought you the scopes
monkey trial. America - entertaining the world.

	<mike
--
Mike Meyer <mwm@mired.org>		http://www.mired.org/consulting.html
Independent WWW/Perforce/FreeBSD/Unix consultant, email for more information.

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