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posted by
steve
on Friday May 17, @08:06PM
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SV: I think the DMCA (Digital Millennium Copyright Act) is misnamed. I don't consider it a copyright act. I consider it an anti-copyright act. Copyright is a fluid, open, democratic set of protocols. Conflicts are anticipated by Congress and mediated by courts. The DMCA wipes out the sense of balance, anticipation, and mediation, and installs a technocratic regime. In other words, code tells you whether you can use a piece of material. Under copyright, you could use a piece of material and face the consequences. The DMCA replaces the copyright system with cold, hard technology.
It takes human judgment out of the system and drains the fluidity out of what was a humanely designed and evolved system. [Emphasis added.]
. . .
[The Consumer Broadband and Digital Television Promotion Act] implies that by giving movie companies what they want, they will give us this wonderful library of streamed films, and we will finally have a reason to sign up for and pay for broadband. Paradoxically, nothing sells broadband like peer-to-peer, which is exactly what it would try to stop.
. . .
According to an early version, [CBDTPA covers not just hardware but software. Under it, you can't distribute a software package that has copy features. Furthermore, how in the world can anything released under the GPL have closed copy-protection standards embedded in it? It can't. It would make the GPL illegal, and future versions of Linux illegal.
Excerpted from "Siva Vaidhyanathan On Copyrights and Wrongs."
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