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A thorn in Hollywood's side
"Linux users say that they should have the right to watch legally purchased DVDs on their computers by using DeCSS-type utilities. But in a brief filed last month, the Bush administration sided with the movie industry against DeCSS, saying that software is not speech-protected by the First Amendment."
ACLU files friend-of-court brief in DeCSS case
"In a closely watched case that pits Hollywood's control over its digital properties against free speech rights, the American Civil Liberties Union today filed a friend-of-the-court brief urging an appeals court to protect the longstanding balance between copyright law and the First Amendment."
Code-breakers go to court
"On Wednesday, Ed Felten of Princeton University and seven other researchers took their fight to a New Jersey federal court in a lawsuit asking that they be permitted to disclose their work at a security conference this summer."
"There is an inherent conflict between intellectual property rights and freedom of speech, a tension between your right to control a story you've written and my right to use it as raw material for my own work."
Copy protection bill divides industry
"A draft copy-protection bill backed by Hollywood heavyweights is triggering an outcry from PC and consumer electronics companies who say the legislation would force them to relinquish control of key system design technologies."
DVD copy control
"The deCSS program is neither designed nor necessary for copying DVD movies, which isn't economically feasible anyway and not technically possible with the partially prewritten blank disks being sold today. In any case, a tool to copy DVDs would be legal for personal use."
EFF moves to disqualify Kaplan
"[The] EFF's defense team filed a motion to disqualify Judge Lewis Kaplan from presiding over the DeCSS trial after discovery revealed that he advised Time Warner on DVD matters while in private practice."
Fingered by the movie cops
"The moral of the story is that the DMCA allows you to be tried and judged guilty before you even know what has happened. The MPAA could have my account shut down immediately -- or yours -- and there's nothing any of us could do to stop it."
Hollywood's war on open source
"Then again, it's irrelevant whether or not DeCSS is used to copy a single DVD. According to entertainment industry officials' reading of the Digital Millennium Act, DeCSS circumvents copy protection to play DVDs -- therefore, they say, it is illegal."
Is the RIAA running scared?
"A fumbled attempt to silence a Princeton professor backfires on the recording industry."
Jessica Litman interview
"And it is the overreaching in enforcement that has caused this law to be perceived as illegitimate by large numbers of people, so what we've seen is that the recording industry and motion-picture industry have squandered their most awesome asset, which is the high moral ground."
Law and Economics of Reverse Engineering
"[...] The DMCA rules are far more restrictive than is necessary to achieve the objectives Congress had in mind when it adopted the DMCA rules."
Lawsuits cripple capitalism
"Of course, if you have enough money to manipulate the legal system, you can create laws to suit your tastes. And I'm not just talking about lobbying. How about picking a judge who used to work for you? Judge Lewis Kaplan (who presided over the first DVD trial and ruled in favor of the MPAA) provided counseling services for Time Warner on DVD issues before he became a judge, according to this story from the Electronic Frontier Federation, a nonprofit civil liberties organization. His various publicly stated opinions include the belief that 'commerce trumps the first amendment,' which apparently means that magazines that publish negative product reviews should be sued out of business."
Pat Schroeder's New Chapter
"Suppose you want to copy a journal article, quote a section of a book or use a line from a poem, she says. 'That is all permitted under the fair-use provision of the copyright law. In the digital arena, fair use has been narrowed to the point of disappearing.' 'The publishing community does not believe that the public should have the same rights in the electronic world,' Kranich says. The AAP is looking for ways to charge library patrons for information. 'Politically,' Schroeder says, 'it's the toughest issue. Libraries have a wonderful image.' No one, she says, wants to go up against libraries. 'That,' Schroeder says, 'is why we are here.'"
Record industry plays both sides
"But despite the united front against Napster, behind closed doors the relationship appears to have chilled. The argument is over what the recording industry should pay publishers for the right to stream MP3 files. Suddenly, the industry finds itself on the other side of a copyright fight."
Software double bind
"The law also makes it illegal for individuals to use such a program -- even to make a back-up copy of a book or movie or song for themselves, the type of copies traditionally allowed under copyright law. That is where the double bind comes in. Actually making such copies for personal use is not illegal. But it is against the law to break through the copy-protection measure to make the legal copies."
Thomas Jefferson would love Napster
"As a nation, we would like to reward enterprise and creativity, allow free and open access to ideas, and benefit from a rich trove of music, literature, journalism, and art. Often these goals conflict, and courts must choose among them."
What happened to fair use?
"The labels see an opportunity to move to a paradigm where people aren't getting the whole enchilada anymore, they're getting just the beans. And limited rights to the beans."