DMCA

• "Safe Harbor" provision - protects ISPs from copyright liability

      - must comply with takedown notices

• "anti-circumvention" provision

      - outlaws technology to circumvent copyright-protection measures

DRM

Technology to control access to / use of digital media

Can enforce restrictions beyond those granted by copyright

DRM Examples

• CSS - Content Scrambling System
  DVD content is encrypted; player requires "key" to decrypt;
  keys are only given to manufacturers who follow the rules (e.g. no digital output)
  
  
• DIVX - Digital Video Express
  alternative DVD format, for renting DVDs
  disc could only be viewed for 48 hours; used special player
  
  
• Fairplay - iTunes DRM
  limits purchasing of music from iTunes store, and playing of music
  
  
• watermarking
  hide data in media (e.g. images) to indicate source

DeCSS

Developed by Jon Johansen & two others, in Norway.
Arrested in 2000; acquitted in 2003.

Similar code developed by others - some for ripping, some for viewing DVDs on Linux

Code published in 2600 Magazine; sued by MPAA

Gallery of CSS Descramblers
Universal v. Reimerdes declared computer code not free speech

Sklyarov

Developed "Advanced eBook Processor" - circumvented Adobe eBook protections

Arrested by FBI in 2001, at DEF CON convention in Las Vegas

Eventually acquitted - DMCA does not apply in Russia

Diebold

Software kept secret
Machines alleged to have poor security; no paper trail

2003 - Swarthmore students posted internal Diebold memos to web

"Do not offer damaging opinions of our systems, even when their failings become obvious"

Diebold sent cease & desist letters, claiming DMCA violations

Court ruled use of DMCA was attempting to suppress free speech

Felten v. RIAA

Secure Digital Music Initiative issued public challenge to break their watermark system

Felten and team succeeded in three weeks

Planned to present technical paper on work

Threatened by SDMI & RIAA, withdrew presentation

Other DRM Uses / Abuses

• Unskippable DVD tracks
  
  
• Printer toner cartridges
  
  
• Tecmo v. game modders
  
  
• Blizzard v. BnetD
  
  
• Sony CD copy protection
  
  
• Control of public domain works (e.g. Alice in Wonderland eBook)

EFF

See sections on Copyright, DMCA, DRM

Filesharing

• A. substitute for purchasing
  
  
• B. sample before purchase
  
  
• C. obtain material that can't be purchased
  
  
• D. obtain legally free material

Only A is "wrong".
Does cost of A outweigh benefits of others?

Free / Open Source Software

The text and layout of this document is by Dave Pape, and is released under a Creative Commons License.