[DMCA-Activists] Re: [DMCA_Discuss] Ideas for DMCA Exemption Classes of Works

[James McGuigan]

Not sure if anyone has given this much thought or not, but with the
semi-recent news about bio-chips which get implanted under the skin (for ID
or other purposes), while it hasn't become an issue yet, I can foresee the
DMCA being used to prevent people from reading / modifying the software that
is used in chips implanted in their own skin (assuming that the chips become
able to be reprogrammed without physical removal).

Personally I would have a very hard time letting someone put such a chip in
me unless the software being used was fully open-sourced and I also
understood exactly what it was doing and how I could edit it and be fully in
control of what I had in me - though chances are that if these things do
ever become popular, that a few of these chips might come pre-packaged, or
updated to do something other than in my best interests.

I can also foresee somewhat similar problems with nanotechnology if it ever
gets developed to a commercial level, though this I guess is really an
extension of your first point, which is the use of anti-circumvention of
software laws to limit the uses/functionality or to enforce controls on
computer hardware.


Another potential problem with a DMCA / DRM combo, though not sure how best
to describe the condition in a general sense, is for instance a case where a
company/government makes a public statement but using a 30-day view DRM so
that if they decided to contradict themselves a year down the line it would
be alot harder or even illegal to dig up the old records showing that this
was the case. AFAIK this hasn't happened yet, but in a big brother
scenario - remember those memory holes, every time you are finished with a
bit of paper you throw it in a memory hole, you can always get another copy
from the ministry of truth.


I know these are not issues which are currently causing a problem, but based
on past experiences seem to be fairly likely to cause future problems.

--
Rules are written for those who lack the ability to truly reason,
But for those who can, rules become nothing more than guidelines,
And live their lives governed not by rules but by reason.
     - James McGuigan

The Stars! FAQ (www.starsfaq.com)
Earth Emergency - A Call to Action (www.earthemergency.com)




----- Original Message -----
From: "Seth Johnson" <address@hidden>
To: <address@hidden>;
<address@hidden>;
<address@hidden>; <address@hidden>;
<address@hidden>
Cc: <address@hidden>
Sent: Friday, November 29, 2002 5:31 PM
Subject: [DMCA_Discuss] Ideas for DMCA Exemption Classes of Works


>
> (Forwarded from DVD Discussion list)
>
> -------- Original Message --------
> Subject: [dvd-discuss] Ideas for class of works for DMCA
> exemption
> Date: Mon, 25 Nov 2002 21:28:39 -0800 (PST)
> From: Bryan Taylor <address@hidden>
> Reply-To: address@hidden
> To: dvd-discuss <address@hidden>
>
> I'm starting to brainstorm on my submission to the Copyright
> Office for exemptions to the 1201(a) anticircumvention ban.
>
> The EFF has a nice howto on making submissions that might
> actually influence things. It's quite valuable:
> http://www.eff.org/IP/DMCA/dmca_comments_howto.html
>
> Anyway, here are some of my ideas of classes of works to be
> exempted. THoughts and feedback are welcome.
>
> class of works 1: player device software or firmware
> designed to impede interoperability of the player with
> independent 3rd party works. Examples: "mod chips" for game
> consoles that allow unsigned code to run should not be
> prohibited by the DMCA. I need to track down that case under
> Australia's version of the DMCA.
>
> class of works 2: digital works sold to the public for which
> no analogue TPM-free analogue version is published, "in
> print", and generally available for sale [if fair use is not
> raped b/c analogue is available then require it to be
> available for that reason]
>
> class of works 3: Works published or owned by companies or
> authors that engage in anticompetitive business practices,
> antitrust violations, and/or deceptive trade practices
> involving their copyrighted products. The period of
> exception shall begin upon the rendering of a final
> judgement or legal settlement against the company and shall
> last until three years pass without a judicial or settlement
> finding of continued improper behavior. Examples: MS for
> antitrust, RIAA for price fixing
>
> class of works 4: data sets, lists, databases, or other
> collections whose individual elements are public domain
> facts, not the original expression of the data set creator
> or licensing contributor thereto, or otherwise not
> copyrightable by the data set creator. Examples: the CDDB
> thing, the recent price list thing
>
> class of works 5: a work or compilations containing a work
> whose copyright has expired Examples: DVD's of the really
> old movies
>
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