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This article appeared shortly after the Copyright Office report itself on 8/31, but I missed it:
\"Given the relative infancy of digital rights
management, it is premature to consider any legislative change at this time,\" the report states. The Copyright Office is required to issue the report to Congress so that lawmakers can decide whether there are holes or flaws in the digital-copyright law that need to be fixed. Library groups and scholars have long argued that the act\'s anticircumvention provision and nonnegotiable license contracts with software vendors have been undermining the first-sale principle. The anticircumvention provision forbids breaking the encryption on digital material. . .
\"Libraries could not exist without first sale. If they had to get permission or pay a fee every time they lent a copy of a book, they would have to stop lending. There would be no functional difference between a public library and a Barnes and Noble.
After a review of the Digital Millennium Copyright Act, the U.S. has concluded that offline copyright law does not apply to the digital world, and that the anti-circumvention clause does not merit further attention:
The study does give critics some ammunition to work with. It asks legislators, for example, to clarify whether temporary copies are legal, and advises Congress to give users of digital content the right to make archival copies. But the report also rejects the argument that offline copyright law should apply to the digital world, calling the analogy \"flawed and unconvincing.\"
The study also refuses to address the energetic public outcry over the DMCA\'s controversial anti-circumvention clause, which prohibits the creation and distribution of methods for getting around copyright controls. While it acknowledges that most of the people who criticized the law -- at public hearings and via e-mail -- \"expressed general opposition to the prohibitions on circumvention of technological protection measures contained in [the anti-circumvention clause section 1201], and noted their concerns about the adverse impact that section 1201 may have on fair use and other copyright exceptions,\" the Copyright Office, which falls under the authority of the Library of Congress, sidestepped public concern. . .
Luis Acosta writes \"There is an interesting item in today\'s Washington Post\'s \"District Extra\" section (not to be confused with the Metro section) about a U.S. District Court decision that recognizes the freedom to read:
The decision at issue in the story is posted on the web page of the U.S.
District Court for the District of Columbia,
While the defendant that lost is a public library, the decision recognizes the first amendment right to freedom to read/freedom of information, and therefore is good news.\"
\"Employees at Smith & Wesson don\'t worry if guns kill police officers,\" Lessig said. \"Some uses are illegal and some are not. But if you wrote code that could be used for good or bad, you\'re arrested and sent to jail...There\'s something screwed up about that.\"
My analogy is this:My car goes about 100, which is totally illegal, and yet I bought this car, and it\'s legal, and I can make it go 100mph if I\'m so inclined.
Imagine if they passed a law that made it illegal for just Ford to sell cars that went over the speed limit.
From NewsRoom, someone writes...
\"An Australian businessman has won the right to have an internet defamation case against US publishing giant Dow Jones heard in Melbourne. Dow Jones argued the case should by heard in the United States, because that\'s where the company\'s internet site server is. However, the Victorian Supreme Court judge ruled in his 75-page judgement that \"publication\" occurred where the story was read, not where it was stored. The case has significant implications for internet publishers, as it could mean they are required to comply with the laws of any country in which content may be viewed.\" more...
Dmitri Skylarov was indicted Tuesday despite his attorney\'s attempts to reach a plea bargain. The AP news story is available at the Washington Post. The Electronic Freedom Foundation\'s reaction is here. ElcomSoft\'s Software has legitimate \'fair-use\' applications. Music CD\'s are being copy protected. These are negative indicators for the future of fair use, a principle that keeps libraries in business. Could a fight for digital rights be the next civil rights movement?
If you aren\'t at the Picayune, (MS) Public Library conducting public library business, don\'t bother coming, or you may be arrested. The library has received numerous complaints over the years and some patrons feel threatened by interlopers who are there for no other reason than to just hang-out. more... from The Picayune Item.
Excite@Home Australia has announced that it will terminate the service of any user detected downloading
Excite@Home Australia users are up in arms over the telco\'s random raids on their broadband accounts in search of pirate activity, with many saying it\'s an invasion of their privacy. The ISP informed users of its Optus@Home broadband service that it would terminate customer accounts found to be downloading pirate software or copyright material. . . .
Niels Ferguson, a professional cryptographer has written, Censorship in action: why I don\'t publish my HDCP results, which takes a look at why the DMCA is bad news.
\"There are lawyers who claim that a scientific paper like mine is a circumvention technology within the meaning of the DMCA, because it explains the weaknesses of a system. I have been advised by a US lawyer who works in this field that if I publish my paper, I might very well be prosecuted and/or sued under US law. \"
No, he\'s not American.