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Discussion Starter · #1 ·
From Broadcast Engineering:


The Electronic Frontier Foundation (EFF) criticized a “stealth lobbying†campaign by the Motion Picture Association of America (MPAA) to bypass Congress and pass restrictive digital copyright bills in individual states.


The new measures, already in law in several states, are aimed at criminalizing the possession of what the MPAA calls “unlawful communication and access devices,†but are so broad that they could ban critical security and privacy tools online as well as restrict what machines you can connect to the cable, satellite, and Internet lines in your home, the EFF said.


Because the bills are more extreme versions of the nationwide Digital Millennium Copyright Act (DMCA), the state legislation is referred to as “super-DMCA†legislation. The EFF said seven states (Colorado, Delaware, Illinois, Michigan, Oregon, Pennsylvania and Wyoming) have already enacted such bills into law. Similar bills have been introduced and are currently pending in Arkansas, Florida, Georgia, Massachusetts, Tennessee and Texas. "The ‘super-DMCA’ measures represent special interest legislation that dramatically expands the reach of the federal DMCA, which has already put fair use, innovation, free speech and competition in peril," said EFF attorney Fred von Lohmann. “Communication service providers — meaning ISPs, cable companies, and providers of digital entertainment services — can use this legislation to restrict what you can connect to your Internet connection and cable or satellite television lines and can ban a variety of tools critical to protecting the anonymity and security of Internet users.â€
 

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Doesn't ANYBODY have some pictures of Jack Valente in compromising situations? :D


-phil
 

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Discussion Starter · #3 ·
Maybe we could take the old ones of Hoover and make him shorter & a little slimmer?
 

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Great! Maybe it's time to move to a country where the government doesn't care what you watch or how you watch it, like Canada... This news comes after I read the following story in our local paper . Seems that "under Section 215 of the USA Patriot Act, the feds can force a noncable TV operator to disclose every show that you have watched." Now, I know that this isn't HD-related, and I don't believe that my Dish STBs record my channel choices and beam that info up to the Mothership, but doesn't this just frost your foibles? Now I'm going to think about Rummy and Ridge every time my 6000 *clicks* in the middle of the night...


Maybe someone in the biz can post the link to the original article?
 

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Not to slide further off topic, but your example of a good country to move to "where the government doesn't care what you watch or how you watch it" was not a good one.


Canada -- while lacking dubious legislation like the DMCA and Patriot Act -- has laws that are so provincial and moronic it is stunning. They forbid their citizens from watching DirecTv and Dish Network. Yet their forbid their satellite and cable companies from carrying programming that lacks sufficient Canadian-generated content. They are ludicrously restrictive on what you watch and how.


Now, that size, I really thought we were moving forward on protecting fair use in the U.S. and that the studios were going to make it possible for people to enjoy HD while engaging in reasonable copy protection. It appears that this is not the case, at least as far as the MPAA goes.


Worse-than-DMCA laws at the state level are a horrendous idea and shame on the MPAA for promoting their passage.


Mark
 

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The MPAA may have opened a can of worms here. If state intellectual property laws override federal then possibly some states will pass laws the specifically weaken the DMCA.


One can hope.


- Tom
 

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While this thread is stunning news to me; it is moot, according to Kipp's recent posts in the PM thread (which are apparently factual; there's no "IMO" in his posts). He states in his posts that, with a FireWire/5C interface on your HD display, the following will occur with respect to the CP issue. 1. HD cable: With the "plug and play" agreement banning selectable output control and requiring that FireWire/5C is on the HD cable boxes, no one will be left out of any programming whether Hollywood and Dick Conway like it or not. 2. HD from E*: With the 211, you can get all programming HD-PPV, special events, premium movie channels and more....all in 720p/1080i. DVI isn't needed. 3. HD from D*: Once the cable agreement is finalized, DirecTV will have to follow cable's lead and add 1394 support. 4. HD-DVDs: He has been told that the HD-DVDs will support 1394 with what ever the DVD Forum chooses. I have read posts which stated that members of Congress will never pass a law that would put a restriction on a TV. Apparently, thats not the case with the politicians in the states listed in this thread. Fortunately for me, Ca. isn't one of them.....yet. Even if a law is passed here, I have no fear. For my 57XWX20B has IEEE1394/5C and the "not needed" DVI/HDCP interfaces. Dick
 

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These laws are probably unconstitutional. States certainly can't weaken the DMCA, and they really can't strengthen it either, because protecting copyrights is an exclusive Federal power since the 1909 Copyright Act.


So there is hope to cling to with regard to these laws.
 

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Quote:
Originally posted by peter0302
These laws are probably unconstitutional. States certainly can't weaken the DMCA, and they really can't strengthen it either, because protecting copyrights is an exclusive Federal power since the 1909 Copyright Act.


So there is hope to cling to with regard to these laws.
Another quote to answer you:
These bills were state copyright laws in sheep's clothing, as the federal government has the exclusive right to legislate copyright law. The state bills were phrased in terms of "theft of services" in order to avoid federal preemption.


Kirill
 

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Jack Valenti may or may not have any shame when it comes to these matters.


I -- again -- support reasonable copy protection. Alas, there have been efforts to achieve copy protection that are quite unreasonable.
 

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SUPREME COURT. Those two words mean all and this topic will end up before them and like before, they will slap the MPAA down, as well as the idiotic state legislation. It will just take some time.
 

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'These bills were state copyright laws in sheep's clothing, as the federal government has the exclusive right to legislate copyright law. The state bills were phrased in terms of "theft of services" in order to avoid federal preemption. "


The states can label it what they want - that won't change the outcome. Certain things could fall under theft of service, like breaking copy protection on directv. But other things definitely don't - breaking copy protection on DVDs, for example, to make personal copies. I wouldn't worry too much about these state laws anyway. Besides the legal issue, do you really think states are going to have the ability to police people on the Internet? The FBI can't even do that effectively.


About the Supreme Court, though, don't be too confident in them - Sony v. Universal City Studios was 5-4, with the conservatives mostly going with the movie studios. And the recent case (the Copyright Extension Act) didn't end well for consumers either. I'm more confident in the lower courts.
 

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And who is to say the Supreme Court is not going to get even less friendly to the individual.
 

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According to this article http://www.eweek.com/article2/0,3959,1033071,00.asp these Super DMCA laws could ban firewalls and VPNs.


Sounds to me like somebody in the eight states with these laws should find some state representatives who use firewalls or VPNs. Shouldn't be too hard to do if someone has a decent understanding of networking. Then they could use the legal system to go after the reps. Let them feel how their uninformed decisions can affect their own lives.


It'd be really neet if such a law were passed in CA and someone could find the MPAA in violation (here's betting that www.mpaa.org uses a firewall). Hit them with their own medicine.


-phil
 

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This all sounds like a big Chicken Little story, personally. I really doubt these laws are going to be interpreted to ban firewalls. And you really think your local county sheriff is going to go starting launching Internet investigations? As I said earlier, the FBI doesn't even have the resources to enforce the DMCA criminally (there's been a grand total of ONE indictment in the last five years). I really wouldn't worry that much.
 

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ABC national news had Jack Valenti on tonite proclaiming the evil of DVDXCopy. Looks like the creator of that software is getting closer to his date with a jury.


I don't know if he's being accused of violating the DMCA, but if you think that the MPAA isn't willing to go after the "evil" people who create tools that can be used legally or illegally then I'd say you're not worried enough.


-phil
 

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I'm worried, but not about state laws. I'm worried about the current DMCA. DVDXCopy clearly violates it, just as much as DeCSS does. That guy may face jail just like Skylarov did, unless he gets a miraculous acquittal like what happened in the eBook case.


States, however, are pretty much inept to deal with this issue. It's a classifc case for federal preemption, either under the existing statutory scheme, or a new one. I could well see Congress passing laws preempting all these mini-DMCAs if things get out of hand. Give it some time.
 

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DVD XCopy was brought to market with full intent of winding up in court.


It will be interesting to see what happens, but let's understand the reality of the situation before we decry this mistreatment.


Mark
 
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