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Used News: Pirates, Patriots, Protection and Beastie Boys

By Jeff Foster, Section UnFairUse
Posted on Mon Jul 05, 2004 at 04:57:33 AM PDT
Happy 4th of July! I missed last week's Used News due to some incredibly bad DSL problems. I had no connection at all for four days. Near the end I started twitching. It was pretty bad. Luckily, not all that much took place on the fair use front, but I did miss one big story that needs talking about.

On June 25th, the senate passed the Pirate Act, a bill that would make videotaping a film in a movie theater punishable by three years in prison (no joke!). There is a similar bill in the House that was recently passed out of subcommittee, and is presumably making its way towards a vote. This is one of the most egregious attacks on fair use since the DMCA ... er, I mean the Patriot Act ... no, wait, COPA, no, maybe it's ... look, it's just really, really bad, and it must be stopped.

Is there something you think I missed this week or something I should be covering? Leave a comment below or send me an E-mail at Jeff@malgenic.org. Thanks for all the feedback I've been getting lately!


COPA Not Copasetic
Speaking of horrible laws, the Child Online Protection Act (COPA) was struck a blow on Tuesday when the Supreme Court ruled that it was probably unconstitutional and deferred to the lower court's injunction against enforcing the law. As this article at LawMeme explains, the law was not actually knocked down, but it could set the stage for it to be.

COPA is a law that sets legal penalties for distributing harmful materials to minors commercially. This of course sounds all well and good, until you start to think about what "harmful" materials could mean in the eyes of the government. A good history of the law and the litigation behind it can be found here.

Michael Moore Pisses Lots of People Off
For some fun irony, read the BBC report that Ray Bradbury, author of Fahrenheit 451 -- a classic anti-censorship novel -- is upset and may even possibly sue Michael Moore over the title of Moore's new film, Fahrenheit 9/11. According to the BBC article, Bradbury "would rather avoid litigation" and is "hoping to settle this as two gentlemen, if he'll shake hands with me and give me back my book and title." His title? I'm pretty sure that Ray Bradbury does not own the word Fahrenheit, nor do I think that anyone could possibly confuse the two works. Perhaps Bradbury, once he's done getting "his" book title back, should go give "Something Wicked This Way Comes" back to Shakespeare.

In further Fahrenheit 9/11 news, Michael Moore has announced that he likes the idea of his movie being distributed over peer-to-peer services, and won't go after anyone distributing it. Lions Gate Films, the distributor of Fahrenheit 9/11 has announced that they'll go ahead with what Moore says. Interestingly, the only person who seems to be upset about this is Jack Valenti, who said, according to the Sydney Morning Herald: "I don't think there's really a single actor or director in the world who does not believe that if you don't combat piracy, it will devour you in the future." Yes, Jack, you're right as always, just like when you said that the VCR was like the Boston Strangler to the movie industry.

Beastie DRM Redux
In a follow up to a story from a few weeks ago, the Beastie Boys have responded to the allegations that their new CD contains spyware/malware/copy-protection, by saying, it, uh, doesn't. Here's the quote:
"While the Beastie Boys CD does use copy control in some territories," said a Beastie Boys rep, "there is no copy control on the Beasties Boys discs in the US or the UK. Where copy protection is used, it is Macrovision's CDS-200 technology -- the same technology being used for the past several months around the world for all of EMI's releases in those territories. This Macrovision technology does NOT install spyware or vaporware of any kind on a user's PC. In fact, CDS-200 does not install software applications of ANY KIND on a user's PC. All the copy protection in CDS-200 is hardware based, meaning that it is dependent on the physical properties and the format of the CD."

Vaporware? Anyway, I quickly went and checked to see what Marcovision CDS-200 was all about. Here is the page for it, but I'll give you a quick rundown of the features they tout:

  • Enables playback on PCs and Macs through a dedicated secure player.
  • Prevents digital compression of music to other formats (such as MP3 file types).
  • Restricts digital copying of music to a CD-R.

    Maybe I'm ignorant, but I don't see a way that a music CD could prevent copying music to other formats or burning the music to a CD-R via a hardware solution, unless you include software loaded into RAM as a "hardware based solution" -- which appears what is going on here. How scummy.

    ISP Spy
    The First Circuit US Court of Appeals has ruled that ISPs have the right to read users' emails without their knowledge or consent. The ruling is based on the court's interpretation of the Wiretap Act, which they ruled does not apply to information that is being stored somewhere, as opposed to being in transit. Scary stuff.

    SCO Stock Watch
    I am suspending SCO stock watch. The thing is, since I started, the stock hasn't tanked as I had hoped. Instead it just hangs around $5.00 all day, everyday. I am still hopeful that it will start to tank again, and when it does, I'll be sure to update you. I'll try to come up with another weekly feature for next week's edition.

    Other News of Note

  • Wilco Pays for Using Numbers Station Recordings
  • Bush Uses IIS, Kerry Uses Apache
  • Microsoft Anti-trust Case Officially Over
  • Microsoft Patents Matrix-Like Tech
  • < Yahoo PayDirect Starts Charging Monthly Fees | Hilton Replaces Outrageous Privacy Policy >


    Display: Sort:
    Used News: Pirates, Patriots, Protection and Beastie Boys | 6 comments (6 topical) | Post A Comment
    ART Act, not Pirate Act[ Reply to This ] (none / 0) (#1)
    by Anonymous User on Tue Jul 13, 2004 at 01:54:28 PM PDT

    the senate passed the Pirate Act, a bill that would make videotaping a film in a movie theater punishable by three years in prison

    According to the Wired article, the ART act is the one that covers videotaping in a movie theater. The Pirate act lets the government file civil suits against aledged illegal file traders.

    This is one of the most egregious attacks on fair use since the DMCA..."

    Fair use? Give me a break. There are enough real attacks on fair use to worry about. You and I both know that when someone takes a videocam into a theater to tape a movie, fair use (such as excerpting for a review/lecture/other) is not what they have in mind.

    Keep up the good work, but please no more crying wolf.

    [ Reply to This ]



    Woops[ Parent | Reply to This ] (none / 0) (#2)
    by Jeff Foster on Wed Jul 14, 2004 at 01:04:21 PM PDT

    You are correct, I totally scooched the pooch on that one. It is the Art Act, not the Pirate act. I'm not sure how I got confused, but clearly I did. I also probably shouldn't of used the term fair, use, as it isn't the proper term for what the Art act does. I think crying wolf is a bit unfair though. This Act will throw people in jail for up to 10 years for VIDEOTAPING a movie. I find it abhorrent that congress would we willing to pass a law that would toss human beings in jail in the name of protecting a $40 Billion industry that hasn't proven(or even attempted to prove) that they need such protections. I think it's important that people know about it(even though I couldn't get the name right....)

    [ Parent | Reply to This ]


    Crying What?[ Parent | Reply to This ] (none / 0) (#3)
    by Anonymous User on Sat Aug 21, 2004 at 10:14:14 PM PDT

    Wolf. WOLF! And there is a wolf, an ugly, aged, but still mean-as-ever one in the form of Jack Valenti. Sure, he's retiring, but he manages to keep hogging the spotlight and buys senator after senator - something that needs to be dealt with. Ten years in prison for filming a crappy copy of a movie? And who's going to be paying for this incarceration? Meanwhile, terrorists roam free, rapists and gang members see less jail time, yet some seem to think think it's a good idea to toss some idiot who uploads a crappy CAM copy of Van Helsing on P2P in the clink.

    It's called priorities, and America needs to set hers straght.

    [ Parent | Reply to This ]



    nokia[ Reply to This ] (none / 0) (#6)
    by hjhjh220 on Sun Apr 27, 2008 at 09:27:37 PM PDT

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    [ Reply to This ]


    lingering[ Reply to This ] (none / 0) (#8)
    by rickman on Thu Jun 05, 2008 at 06:48:51 PM PDT

    FLV to WMA FLV to WAV FLV to MP3 MP3 to WMA MPEG to WMA AVI to WMA Quicktime to WMA 3GP to WMA AAC to MP3 RM to WMA MPEG to WMA MOV to WMA WMV to WMA MPG to WMA MP4 to WMA M4A to WMA WMA to AAC ipod to pc DVD to iPod WMV to iPod MPEG to iPod FLV to iPod AVI to Ipod Ipod to Ipod iPod to Mac transfer winxmedia avi mpeg ipod converter Transfer music from Ipod to PC Download K-Lite Codec Pack ipod to pc transfer copy dvd to iPod iPod copy iPod backup cucusoft ipod video converter cucusoft dvd to ipodconverter xilisoft ipod video converter xilisoft dvd to ipod converter imtoo iPod movie converter imtoo DVD to iPod converter PQ dvd to iPod FLV to iPod converter WMV to iPod converter MPEG to iPod converter AVI to iPod converter How to transfer songs from iPod to Mac DVD to iPod Macos x software m4v-converter M4V to MP4 Converter M4V to MPEG Converter M4V to AVI Converter M4V to WMV Converter M4V to MPG Converter Itunes M4V to Vob convert M4V to MP3 M4V TO WMA Converter FLV TO M4V Converter flv to mp3 AVI to FLV WMV to FLV MPEG/MP4/MPG to FLV ASF to FLV Divx to FLV FLV to Ipod FLV to PSP FLV to Zune FLV to 3GP

    [ Reply to This ]


    Used News: Pirates, Patriots, Protection and Beastie Boys | 6 comments (6 topical) | Post A Comment
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