MIT Student Grills Valenti on Fair Use

Keith Winstein writes about his chat with MPAA’s Jack Valenti:

Valenti is an incredibly polished advocate for the movie studios. He has numerous legislative and regulatory successes to his name, and his stated commitment to honest debate (he spoke passionately several times about his commitment to the ?ideal of civic discourse? and his disgust at Washington, D.C.?s lack of it) is admirable.
But we don?t have a real debate on copyright issues. We have rival camps that rarely understand each other. Virtually everybody I know and encounter on the Internet thinks Valenti?s signal accomplishments are bad. He can claim credit for the anticircumvention provisions of the Digital Millennium Copyright Act, which make it illegal to build your own DVD player and well-nigh impossible to watch DVDs legally under the GNU/Linux operating system, as well as the Federal Communication Commission?s Broadcast Flag, which will make it illegal or virtually impossible to build your own digital television receiver or, again, watch HDTV under Linux.

Losing our Edge?


Tom Friedman writes about a recent trip to Silicon Valley:

Still others pointed out that the percentage of Americans graduating with bachelor’s degrees in science and engineering is less than half of the comparable percentage in China and Japan, and that U.S. government investments are flagging in basic research in physics, chemistry and engineering. Anyone who thinks that all the Indian and Chinese techies are doing is answering call-center phones or solving tech problems for Dell customers is sadly mistaken. U.S. firms are moving serious research and development to India and China.
The bottom line: we are actually in the middle of two struggles right now. One is against the Islamist terrorists in Iraq and elsewhere, and the other is a competitiveness-and-innovation struggle against India, China, Japan and their neighbors. And while we are all fixated on the former (I’ve been no exception), we are completely ignoring the latter. We have got to get our focus back in balance, not to mention our budget. We can’t wage war on income taxes and terrorism and a war for innovation at the same time.

Curriculum was and is a hot topic in the Madison School District.
Further, the tech industry has been playing footsie with Hollywood (ironic, given the size of the tech industry vs Hollywood) regarding our fair use rights. Dan Gillmor has recently published a draft version of his upcoming book: Making the News. Chapter 11 includes some very troubling quotes:

  • Jack Valenti, head of the MPAA (Motion Picture Association of America): “And he was adamant that technology in the future — including personal computers — will have to be modified to prevent people from making unauthorized copies.. The result: “Give the copyright holders the ability to “fix” all of its perceived infringement problems, and you give copyright holders unprecedented control over tomorrow’s information, over culture itself. Here’s an example: It is currently illegal to copy a snippet of video directly from a DVD to use as part of another work. But you can do this with a piece of text, though the e-book industry is working to prevent even a small cut and paste. If we need permission, or have to pay, simply to quote from other works, scholarship will be only one casualty.”
  • No technology company has done more to curry favor with the copyright cartel than Microsoft, a company that repeatedly ignored copyright law in building its own powerful business. Here’s how Cory Doctorow put it:

    When Microsoft shipped its first search-engine (which makes a copy of every page it searches), it violated the letter of copyright law. When Microsoft made its first proxy server (which makes a copy of every page it caches), it broke copyright law. When Microsoft shipped its first CD-ripping technology, it broke copyright law.
    It broke copyright law because copyright law was broken. Copyright law changes all the time to reflect the new tools that companies like Microsoft invent. If Microsoft wants to deliver a compelling service to its customers, let it make general-purpose tools that have the side-effect of breaking Sony and Apple’s DRM, giving its customers more choice in the players they use. Microsoft has shown its willingness to go head-to-head with antitrust people to defend its bottom line: next to them, the copyright courts and lawmakers are pantywaists, Microsoft could eat those guys for lunch, exactly the way Sony kicked their asses in 1984 when they defended their right to build and sell VCRs, even though some people might do bad things with them. Just like the early MP3 player makers did when they ate Sony’s lunch by shipping product when Sony wouldn’t.
    Unfortunately, Microsoft’s answer has been to build Digital Rights Management — the more appropriate term is “Digital Restrictions Management” — into just about everything it makes.

  • Microsoft, Intel and several other major technology companies are now working on a “Trusted Computing” initiative, putatively designed to prevent viruses and worms from taking hold of people’s PCs and to keep documents secure from prying eyes. Sounds good, but the effect may be devastating to information freedom. The premise of these systems is not trust; it’s mistrust. In effect, says security expert Ross Anderson, trusted computingwill transfer the ultimate control of your PC from you to whoever wrote the software it happens to be running.” He goes on:


    [Trusted Computing] provides a computing platform on which you can’t tamper with the application software, and where these applications can communicate securely with their authors and with each other. The original motivation was digital rights management (DRM): Disney will be able to sell you DVDs that will decrypt and run on a TC platform, but which you won’t be able to copy. The music industry will be able to sell you music downloads that you won’t be able to swap. They will be able to sell you CDs that you’ll only be able to play three times, or only on your birthday. All sorts of new marketing possibilities will open up.

    But now consider the ways it could be used, beyond simple tracking by copyright holders of what they sell. Anderson writes:

    The potential for abuse extends far beyond commercial bullying and economic warfare into political censorship. I expect that it will proceed a step at a time. First, some well-intentioned police force will get an order against a pornographic picture of a child, or a manual on how to sabotage railroad signals. All TC-compliant PCs will delete, or perhaps report, these bad documents. Then a litigant in a libel or copyright case will get a civil court order against an offending document; perhaps the Scientologists will seek to blacklist the famous Fishman Affidavit. A dictator’s secret police could punish the author of a dissident leaflet by deleting everything she ever created using that system – her new book, her tax return, even her kids’ birthday cards – wherever it had ended up. In the West, a court might use a confiscation doctrine to `blackhole’ a machine that had been used to make a pornographic picture of a child. Once lawyers, policemen and judges realise the potential, the trickle will become a flood.

    The Trusted Computing moves bring to mind a conversation in early 2000 with Andy Grove, longtime chief executive at Intel and one of the real pioneers in the tech industry. He was talking about how easy it would soon be to send videos back and forth with his grandchildren. If trends continued, I suggested, he’d someday need Hollywood’s permission. The man who wrote the best-seller, “Only the Paranoid Survive,” then called me paranoid. Several years later, amid the copyright industry’s increasing clampdown and Intel’s unfortunate leadership in helping the copyright holders lock everything down, I asked him if I’d really been all that paranoid. He avoided a direct reply.

I’ve often wondered if our tech industry & hollywood’s attempts to impose their fair use & big brother controls on PC’s will destroy their export business (and our jobs). China and intel recently battled over a wireless security spec.

EFF honors Pioneer Award Winners

The Electronic Frontier Foundation recently announced the recipients of its 2004 Pioneer awards:

Electronic Frontier Foundation has revealed the winners of the Thirteenth Annual Pioneer Awards.
Focusing on the area of electronic voting security and accountability, they have highlighted the work of Kim Alexander, the president of the California Voter Foundation, David Dill, a Stanford Professor and founder of VerifiedVoting.org, and Avi Rubin, a professor at Johns Hopkins University who co-authored the highly publicized Diebold report of 2003.

From Slashdot.

The Political Promise of the Internet


Mitch Kapor writes about Korean politics, where a two year old party, The Uri (Our Party) decisively took over the National Assembly in last week’s elections:

It was done using the Net. It is no accident that the political coming-of-age of the Net came about in Korea where almost 70% of its households are broadband connected. Starting as a social movement organized through the Net, the new Uri party became a political phenomena.
In December 2002, the Uri party used the Net to go around Korea’s traditional political structures and elect Roh Moo-hyun President. Korea’s national politics have traditionally been regionally based. However, using the Net, the Uri put together a new political coalition based not on geography, but age, bringing together those under 30. Paradoxically, the Uri also used the Net to involve citizens at local face to face meetings.
The Net was used to begin to break the overwhelming political influence of Korea’s giant corporate conglomerates, the chaebols, who funded (both legally and illegitimately) much of Korea’s politics. The Uri use the Net to help fund their campaign with tens of thousands of small contributions.

Key Points: The Uri used the internet to route around the establishment (including entrenched media companies who have an interesting in keeping the establishment in power). Here’s a Saudi Blogger’s “diary of life in the “Magic Kingdom”, where the Religious Police ensure that everything remains as it was in the Middle Ages.” via Jeff Jarvis.

The Copyright Killing Fields


J.D. Lasica writes about copyright law and its challengers:

For years, all was peaceful in the house of Horowitz. Jed Horowitz, a 53-year-old New Jersey entrepreneur with sharply chiseled features and gleaming bald head, had been running a small video operation called Video Pipeline that took Hollywood films, created two-minute trailers to help promote them, and distributed them to online retailers such as Netflix, BestBuy, and Barnes and Noble, as well as public libraries. Then one day in 2000, the Walt Disney Co. sent a cease-and-desist order, charging that Horowitz’s company was violating Disney’s copyright by featuring portions of their movies online.

Battle of Information & Ideas


Verlyn Klinkenborg nicely summarizes recent news in the recording industry’s battle against file sharing:

But this isn’t just a legal battle, of course. It’s a battle of information and ideas. A new book from Lawrence Lessig called “Free Culture” makes a forceful, cogent defense of many forms of file sharing. And ? perhaps worst of all from the industry’s perspective ? a new academic study prepared by professors at Harvard and the University of North Carolina concludes, “Downloads have an effect on sales which is statistically indistinguishable from zero.” This directly counters recording industry claims that place nearly all the blame for declining CD sales on illegal file sharing.

National ID Does Not Equal Greater Security….


Security expert Bruce Schneier writes about the reality of National ID cards:

The potential privacy encroachments of an ID card system are far from minor. And the interruptions and delays caused by incessant ID checks could easily proliferate into a persistent traffic jam in office lobbies and airports and hospital waiting rooms and shopping malls.
But my primary objection isn’t the totalitarian potential of national IDs, nor the likelihood that they’ll create a whole immense new class of social and economic dislocations. Nor is it the opportunities they will create for colossal boondoggles by government contractors. My objection to the national ID card, at least for the purposes of this essay, is much simpler:
It won’t work. It won’t make us more secure.

Google’s Hypocrisy?

Google, which makes a very nice living scraping internet sites (copying & storing images, text & data from sites around the world) and presenting that data to search users has issued a issued a cease-and-desist order against British programmer Julian Bond with a warning that the creation of a news feed from the results of Google News was against its terms of reference. From Jeff Jarvis.
Search engine alternatives: Teoma | Alltheweb | Yahoo Search

Leahy Shills for Copyright Cartel

Dan Gillmor is right on the money with his criticism of Vermont’s Patrick Leahy regarding his co-sponsorship of the “Pirate Act“. One would think our politicians have more important things to do (education, health care, terrorism, the economy) than carrying water for the Hollywood cartel.

s stunning, and disheartening, to see U.S. Sen. Patrick Leahy, the Vermont Democrat who has been one of the champions of civil liberties on Capitol Hill, become a water-carrier for Hollywood and the music industry. But there’s no other interpretation for his co-sponsorship of what’s being called the PIRATE Act, a chillingly bad bill that would give the copyright cartel a gift for the ages.
The basics of this legislation are fairly simple: In a time when there are truly serious things on the minds of law enforcement, such as terrorism, Leahy and his colleague Orrin Hatch would send the FBI and Justice Department (Copyfight) after file-sharers. If this passes, look for a crackdown that makes today’s music-industry lawsuit frenzy look tame. And look for the end of most experiments in new media, because file-sharing networks are the only financially feasible way to distribute content for people who aren’t trying to corner a market.
If I still lived in Vermont, I would call Leahy’s office and ask anyone who’d listen how someone I’ve respected for years could do something so awful.

I’ve sent a note to Russ Feingold and Herb Kohl encouraging them to vote against this and any other similar nonsensical initiatives.