August 18, 2006

Michael Geist versus the DMCA

Canadian Law Prof Michael Geist plans to spend the thirty days before the Canadian House of Commons reconvenes to highlight some of the exceptions and limitations that should be included in the event that a Canadian DMCA is introduced.

Each day, I will post a new provision, focusing broadly on marketplace concerns, public protection, and fair circumvention. The postings will be collected on a single page to form a compilation of DRM policy issues. Moreover, I'm launching a wiki that will start with the postings and will hopefully grow as interested readers add examples and additional perspectives.

Michael, for what it's worth -- here is my perspective on the DMCA:

Is the US DMCA Unconstitutional? Yes.

Posted by Kevin Heller at 10:44 PM

April 26, 2006

Redlined DMCA Expansion Proposal

Declan McCullagh thanks "the fine folks at DLA Piper Rudnick Gray Cary" for allowing him to post a redlined version [pdf] of the bill. [original pdf] [JPEG version] [previous Politech message]

Also, here's a copy of the DOJ's mandatory web labeling bill via CDT [pdf].

Posted by Kevin Heller at 08:49 AM

March 23, 2006

DMCA is Anti-Competitive

Circumventing Competition: The Perverse Consequences of the Digital Millennium Copyright Act [pdf]: "The DMCA is anti-competitive. It gives copyright holders—and the technology companies that distribute their content—the legal power to create closed technology platforms and exclude competitors from interoperating with them. Worst of all, DRM technologies are clumsy and ineffective; they inconvenience legitimate users but do little to stop pirates."

The DMCA is not only anti-competitive, but I would argue that it is unconstitutional as it does not allow for fair use, which is required by the Copyright Clause of the Constitution. I argue it here: Digital Millennium Copyright Act v. Public Use: Are Constitutional Safeguards Insufficient in an Era of Industry Lobbying.

Posted by Kevin Heller at 07:59 AM

February 26, 2006

Is the DMCA Unconstitutional?

Yes.

Posted by Kevin Heller at 08:22 PM

January 20, 2006

Support DMCA Reform - Help Pass HR 1201!

EFF: HR 1201 would give citizens the right to circumvent copy-protection measures as long as what they're doing is otherwise legal. [via]

Posted by Kevin Heller at 01:33 AM

Image Hyperlinked to © Notice is not Copyright Management Information

as that term is used in the DMCA says the District of New Jersey.

The decision appears to be the first judicial interpretation of the term "copyright management information." IQ Group Ltd. d/b/a Insurance IQ v. Wiesner Publishing LLC [pdf] [via BNA's Internet Law News and Pike & Fischer's FREE Internet Law & Regulation Weekly Alert]

Posted by Kevin Heller at 12:45 AM

January 01, 2006

DMCA Information

Paper: Is the DMCA Unconstitutional

Posts:
* Bugmenomore: USDC DC held that the unauthorized use of a username/password to gain access to a personal web site is not "circumvention" prohibited by the DMCA. [Egilman v. Keller & Heckman, LLP] [via] 30 November 2005
* DMCA requires Subjective Good Faith 2 December 2004
* Up/Downloaders Identities Not Protected by First Amendment 27 July 2004
* Does this post violate the DMCA? 8 March 2004
* DMCA does not cover non-copyrighted data 27 February 2004
* Looking at the Decision in 321 v. MGM 24 February 2004
* Attacking With The DMCA's Section 1202 18 February 2004
GROKLAW: "See any room for mischief there? Any money-making opportunities? Perhaps you discern why the terrified mommies of 12-year-old music downloaders pay the RIAA off without going to trial. It seems on first reading a bit like the no-win balance in the trials in the Middle Ages. If you survived a dunking underwater for 5 minutes, you were declared innocent."
* Safe Harbor not a safe bet 10 February 2004
* New DMCA Exemptions 30 October 2003
* if you circumvent copy control, you circumvent access control 14 October 2003
* 7th Circuit affirms "Aimster" injunction 30 June 2003
* Thoughts on the DMCA (after Eldred) 24 June 2003
* Orin Kerr has an interesting analogy that provides a unique perspective on the DMCA 17 June 2003
* Court Hears DVD Copying Dispute 15 May 2003
* DMCA Take Down Provision 07 February 2003
* Movie Studios File Countersuit Against Seller of DVD-Copying Program 24 Dec 2002
* Bnetd Attacks Congress' Power to Enact DMCA 05 December 2002

Links:
* HOWTO hack the DMCA

Posted by Kevin Heller at 11:01 PM

ISP subscribers protected from DMCA subpoenas

IN RE: CHARTER COMMUNICATIONS, INC., No. 03-3802 (8th Cir. 2005) The Digital Millennium Copyright Act, 17 U.S.C. section 512(h), does not permit copyright owners and their representatives to obtain and serve subpoenas on internet service providers (ISP) to obtain personal information about an ISP's subscribers who are alleged to be transmitting copyrighted works via the internet through file sharing programs.

Posted by Kevin Heller at 08:18 PM

Pirating DIRECTV Signals Violates DMCA

DirecTV v. Borow (03-cv-2581)(2005): Judge Norgle of the Northern District of Illinois has ruled that DMCA rights of DirecTV have been violated where defendant pirated signal to access copyrighted works owned by third parties.

related: DirecTV Loses Weapon in Piracy Fight

In a setback to DirecTV's fight against satellite piracy, a federal appeals panel on Tuesday ruled that the company cannot sue people under a wiretapping law just because they possess cards allowing them to intercept its signal. The 11th Circuit said that DirecTV must be able to show that the alleged pirate actually used the device. It's the first federal appellate decision on the issue, and thus is controlling law nationally for the time being.
see DIRECT TV INC. v. TREWORGY, (11th Cir. 2004) (18 U.S.C. section 2520(a) does not create a private cause of action against a defendant found in illegal possession of equipment used to intercept satellite transmissions in violation of the criminal statute). [6/16/2004]

Posted by Kevin Heller at 08:17 PM