Right now, here's what we have for the DMCA documentary:
Video: digital converted using ffmpeg on Debian of
RMS
Lessig
Dmitry
Protesters
Sklyarov
Marti
Perens
Robin Gross
Peacemakers
ASU roundtable at freedomFest with First Amendment Center
Video: Nate or Marcia
Need to digitize:
Bennett Haselton
Karjala interview
Exclusive photos of Dmitry in the courthouse in San Jose.
Need to get:
Audio or Video interviews
Harvard interview - August/sept in motion
Interviews with more artists
NYFU said they could help with more.
LUGs interviews on issue.
Interviews with more users - Joy and Professors
Interviews with industry
Then Digitize that.
Audio - Emmett:
Sound bytes, Narration.
Writing: Marcia
Write Narration
work on storyboards with nate
Anything from people in the community will help.
If you would like to refer to this comment somewhere else in this project, copy and paste the following link:
What is the DMCA?
The DMCA is an acronym for the Digital Millennium Copyright Act.
Is the DMCA a new law or an amendment?
The DMCA is an amendment of copyright law as it was until 1998. The DMCA is not a separate copyright law but an extension to current copyright law. Under section 1201 (1)(A): No person shall circumvent a technological measure that effectively controls access to a work protected under this title.
Treaties
The World Intellectual Property Organization (WIPO) Copyright Treaty and the WIPO Performances and Phonograms Treaty can be found at the December 20, 1996 Diplomatic Conference on Certain Copyright and Neighboring Rights Questions http://www.wipo.org/eng/diplconf/distrib/94dc.htm
Copyright laws in many countries were amended in order to adhere to the adopted treaty.
Article 11
Obligations concerning Technological Measures
Contracting Parties shall provide adequate legal protection and effective legal remedies against the circumvention of effective technological measures that are used by authors in connection with the exercise of their rights under this Treaty or the Berne Convention and that restrict acts, in respect of their works, which are not authorized by the authors concerned or permitted by law.
What is the controversy over the DMCA? and Why are people protesting?
The DMCA is broad in scope and may have similar, overriding, not overriding, or in conflict with regard to previous laws and doctrine such as:
the Audio Home Recording Act (AHRA)
important Fair Use Doctrine
the No Electronic Theft Act (NET)
Antitrust law/Sherman Act
Patent law
jurisdiction
free trade
fair competition
the First Amendment
and First Sale Doctrine in commerce
What can you tell me about the history of the DMCA?
What are the WIPO treaties? (Copyright), (Performance and Phonograms)
What is WIPO?
World Intellectual Property Org
The WIPO was originally in charge of administrating international treaties. The WIPO is actually a part of the United Nations.
In 1883, the Paris Convention for the Protection of Industrial Property was in place. This was an international treaty for intellectual property protection, although it was in the area of industrial property. Itmes that were protected were trademarks, industrial designs and patents.
Quick view: Copyright treaty
Quick view: Performance and Phonograms
What is the Berne Convention?
The Berne Convention began in 1886. The Berne Convention for the Protection of Literary and Artistic Works main goal was to help members with international protection of copyrighted works. These works included art, writing, and music. Inclusive were drawings, painting, sculptures, songs, musicals, poems, novels and plays. In 1893, the Paris Convention and the Berne Convention merged to form the United International Bureaux for the Protection of Intellectual Property.
In 1960, the Berne convention moved to Geneva. In the 1970s they became the WIPO. The WIPO became an agency of the United Nations with the charge of handling what many refer to as intellectual property issues. More specifically, the WIPO was to handle copyright, trademark and patent issues.
Is the DMCA the Implementation of WIPO policies?
Does the DMCA step over bounds of the treaty with the anti circumvention...?
Does the treaty sanction anti circumvention?
And does anticircumvention overstep certain bounds?
Many people believe it steps over certain bounds.
1996 Copyright Treaty
Contracting Parties shall provide adequate legal protection and effective legal remedies against the circumvention of effective technological measures that are used by authors in connection with the exercise of their rights under this Treaty or the Berne Convention and that restrict acts, in respect of their works, which are not authorized by the authors concerned or permitted by law.
In light of this statement, then, if the technological measure is effective, that is one point. Perhaps a list of definitions would be appropriate here.
Adequate legal protection and effective legal remedies against the circumvention of effective technological measures.... How would you interpret that. Would the technological measure be effective if I can bypass it with a keystroke? Is the measure effective if it's rot13 which a 9 year old can crack? Does it mean placed into effect or does it mean works effectively? I would hope this would mean that the author, or owner would have effective technological measures implemented at their own cost and trouble if they want to keep their work secure. I don't leave my front door open and then get upset when there are ants in my kitchen! I shut the door, flood my front yard and I never see any ants. But where is the line drawn. With music, movies, programs and games, there is a lot of money to be made. Some argue that the cost of production is high. The other day I went to the movies, something I haven't done in a very long time. I went to see Lost in Translation. Iwas interested in seeing how the movie would portray my culture, the Japanese. In the theater, there were at first only 2 people, myself and my date. After several minutes another couple arrived. The theater was empty. There were 4 people for that viewing. I'm not sure how the other people felt or thought about the film but I found it to be a blatant display of propaganda. All the Asian sterotypes were there. The only good thing I can say about this film was this, at least a few Asians got work... Isn't it funny how we have an interntional organization that will protect intellectual property (if you can even call it that...) and yet the films dealing with different cultures are as stereotypical and discriminatory as they were in say almost a century ago. I suppose these days we are fortunate because the actual African American actors are not white people with painted faces and the Asians are not whites with makeup on. However, the stereotypes and the messages are still at the forefront of these films. What is amusing is the fact that the Library of Congress report indicates we, the general public, are fortunate to have movies to watch. Are we? Aside from entertainment to clear the mind of current reality, an escape, perhaps for some a learning experience, what good is movies? I should be grateful that the MPAA is releasing movies and shouldn't worry about not being able to view it on my GNU/Linux box. I am not afforded the same opportunity as others who purchase movies because I choose GNU? What does this mean, really? Could it mean that there is not only a monopoly on movies but on the actual devices used to playback the movies. Say I created a documentary about the LOC that would only play on a Linux box. The LOC wanted to view it in another format and I said, too bad, you have to now get a Linux box. The problem is, hypothetically, that the LOC doesn't have government approval to use Linux computers. Now what. Oh well, they had the same opportunity to view the media as anyone else. There are plenty of medium around for them to choose from.
If you would like to refer to this comment somewhere else in this project, copy and paste the following link:
What we need first is a structure and decision on what, exactly, we need. Not just a timetable, but a breakdown of the DMCA itself, use the wording and application of the DMCA within the piece.
What I see that we need:
First part needs to explain what digital copyright is, and what the DMCA means to it. Rights used, abused, etc.
Once that goes in, we can better assess what should follow. It's your baby Marcia, I just want to do you proud.
If you would like to refer to this comment somewhere else in this project, copy and paste the following link:
Right now, here's what we have for the DMCA documentary:
Video: digital converted using ffmpeg on Debian of
RMS
Lessig
Dmitry
Protesters
Sklyarov
Marti
Perens
Robin Gross
Peacemakers
ASU roundtable at freedomFest with First Amendment Center
Video: Nate or Marcia
Need to digitize:
Bennett Haselton
Karjala interview
Exclusive photos of Dmitry in the courthouse in San Jose.
Need to get:
Audio or Video interviews
Harvard interview - August/sept in motion
Interviews with more artists
NYFU said they could help with more.
LUGs interviews on issue.
Interviews with more users - Joy and Professors
Interviews with industry
Then Digitize that.
Audio - Emmett:
Sound bytes, Narration.
Writing: Marcia
Write Narration
work on storyboards with nate
Anything from people in the community will help.
What is the DMCA?
The DMCA is an acronym for the Digital Millennium Copyright Act.
Is the DMCA a new law or an amendment?
The DMCA is an amendment of copyright law as it was until 1998. The DMCA is not a separate copyright law but an extension to current copyright law. Under section 1201 (1)(A): No person shall circumvent a technological measure that effectively controls access to a work protected under this title.
Treaties
The World Intellectual Property Organization (WIPO) Copyright Treaty and the WIPO Performances and Phonograms Treaty can be found at the December 20, 1996 Diplomatic Conference on Certain Copyright and Neighboring Rights Questions
http://www.wipo.org/eng/diplconf/distrib/94dc.htm
Copyright laws in many countries were amended in order to adhere to the adopted treaty.
Article 11
Obligations concerning Technological Measures
Contracting Parties shall provide adequate legal protection and effective legal remedies against the circumvention of effective technological measures that are used by authors in connection with the exercise of their rights under this Treaty or the Berne Convention and that restrict acts, in respect of their works, which are not authorized by the authors concerned or permitted by law.
Chapter12 of the DMCA was added to adhere to this section. However many people believe the DMCA goes a little further than what was required.
There is a timeline regarding the DMCA legislation.
http://www.arl.org/info/frn/copy/primer.html#part1
Libraries believed they would get exemptions. Here is a link explaining what really happened.
http://www.arl.org/info/frn/copy/pr110100.htmlhttp://www.arl.org/info/frn/copy/pr110100.html
http://www.wto.org/english/tratop_e/trips_e/intel3_e.htmhttp://www.wto.org/english/tratop_e/trips_e/intel3_e.htm
http://www.wto.org/english/tratop_e/trips_e/intel3_e.htm
What is the controversy over the DMCA? and Why are people protesting?
The DMCA is broad in scope and may have similar, overriding, not overriding, or in conflict with regard to previous laws and doctrine such as:
the Audio Home Recording Act (AHRA)
important Fair Use Doctrine
the No Electronic Theft Act (NET)
Antitrust law/Sherman Act
Patent law
jurisdiction
free trade
fair competition
the First Amendment
and First Sale Doctrine in commerce
What can you tell me about the history of the DMCA?
What are the WIPO treaties? (Copyright), (Performance and Phonograms)
What is WIPO?
World Intellectual Property Org
The WIPO was originally in charge of administrating international treaties. The WIPO is actually a part of the United Nations.
In 1883, the Paris Convention for the Protection of Industrial Property was in place. This was an international treaty for intellectual property protection, although it was in the area of industrial property. Itmes that were protected were trademarks, industrial designs and patents.
Quick view: Copyright treaty
Quick view: Performance and Phonograms
What is the Berne Convention?
The Berne Convention began in 1886. The Berne Convention for the Protection of Literary and Artistic Works main goal was to help members with international protection of copyrighted works. These works included art, writing, and music. Inclusive were drawings, painting, sculptures, songs, musicals, poems, novels and plays. In 1893, the Paris Convention and the Berne Convention merged to form the United International Bureaux for the Protection of Intellectual Property.
In 1960, the Berne convention moved to Geneva. In the 1970s they became the WIPO. The WIPO became an agency of the United Nations with the charge of handling what many refer to as intellectual property issues. More specifically, the WIPO was to handle copyright, trademark and patent issues.
Is the DMCA the Implementation of WIPO policies?
Does the DMCA step over bounds of the treaty with the anti circumvention...?
Does the treaty sanction anti circumvention?
And does anticircumvention overstep certain bounds?
Many people believe it steps over certain bounds.
1996 Copyright Treaty
Contracting Parties shall provide adequate legal protection and effective legal remedies against the circumvention of effective technological measures that are used by authors in connection with the exercise of their rights under this Treaty or the Berne Convention and that restrict acts, in respect of their works, which are not authorized by the authors concerned or permitted by law.
In light of this statement, then, if the technological measure is effective, that is one point. Perhaps a list of definitions would be appropriate here.
Adequate legal protection and effective legal remedies against the circumvention of effective technological measures.... How would you interpret that. Would the technological measure be effective if I can bypass it with a keystroke? Is the measure effective if it's rot13 which a 9 year old can crack? Does it mean placed into effect or does it mean works effectively? I would hope this would mean that the author, or owner would have effective technological measures implemented at their own cost and trouble if they want to keep their work secure. I don't leave my front door open and then get upset when there are ants in my kitchen! I shut the door, flood my front yard and I never see any ants. But where is the line drawn. With music, movies, programs and games, there is a lot of money to be made. Some argue that the cost of production is high. The other day I went to the movies, something I haven't done in a very long time. I went to see Lost in Translation. Iwas interested in seeing how the movie would portray my culture, the Japanese. In the theater, there were at first only 2 people, myself and my date. After several minutes another couple arrived. The theater was empty. There were 4 people for that viewing. I'm not sure how the other people felt or thought about the film but I found it to be a blatant display of propaganda. All the Asian sterotypes were there. The only good thing I can say about this film was this, at least a few Asians got work... Isn't it funny how we have an interntional organization that will protect intellectual property (if you can even call it that...) and yet the films dealing with different cultures are as stereotypical and discriminatory as they were in say almost a century ago. I suppose these days we are fortunate because the actual African American actors are not white people with painted faces and the Asians are not whites with makeup on. However, the stereotypes and the messages are still at the forefront of these films. What is amusing is the fact that the Library of Congress report indicates we, the general public, are fortunate to have movies to watch. Are we? Aside from entertainment to clear the mind of current reality, an escape, perhaps for some a learning experience, what good is movies? I should be grateful that the MPAA is releasing movies and shouldn't worry about not being able to view it on my GNU/Linux box. I am not afforded the same opportunity as others who purchase movies because I choose GNU? What does this mean, really? Could it mean that there is not only a monopoly on movies but on the actual devices used to playback the movies. Say I created a documentary about the LOC that would only play on a Linux box. The LOC wanted to view it in another format and I said, too bad, you have to now get a Linux box. The problem is, hypothetically, that the LOC doesn't have government approval to use Linux computers. Now what. Oh well, they had the same opportunity to view the media as anyone else. There are plenty of medium around for them to choose from.
What we need first is a structure and decision on what, exactly, we need. Not just a timetable, but a breakdown of the DMCA itself, use the wording and application of the DMCA within the piece.
What I see that we need:
First part needs to explain what digital copyright is, and what the DMCA means to it. Rights used, abused, etc.
Once that goes in, we can better assess what should follow. It's your baby Marcia, I just want to do you proud.