MESSAGE
DATE | 2002-05-08 |
FROM | Ruben I Safir
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SUBJECT | Subject: [hangout] Re: proofed commentary
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OK Here it is improved a bit...I changed the description of the ATM propaganda war and clearified the property robbery analogy
I feel like I'm missing some parts of this conversation, but instead of answering every subparagraph of this conversation, let me just try to focus on a few doable points, and how I think we need to proceed.
It's now early in the morning and I just came home from a NY Fair Use meeting and we have been actually discussing this, in detail, over the last few hours.
First, let's look at the threat that the Holling's Bill and the DMCA present to Free Software. Even under the DMCA, if the major manufacturers chose to end free software, they can simply do so by running encryption on any copyrighted part of the system, especially, the system BIOS. Simply, the machines can be constructed in such a way that booting into anything other than an approved Operating System would be a felony under the DMCA. If you listen to the DMCA fair use exemption hearings at the Library Of Congress, this becomes clear. It is just a matter of time before this is implemented. Such is the nature of the world. For example, when ATM machines first came out, banks begged people to use them instead of tellers because of the cost savings. Immediately the issue came up: would such a service be charged for. Initially, they did not charge for the service. Once ATM's use became commonplace, to the point that the public now *relied* on them and banks repreately claim them as a special service, rather than a cost savings method, they had paved the way to charge a fee per use. Eventually it happened, over time. And today, it's nearly impossible to use an ATM, or the bank for that matter, without these additional fees.
The same will happen with copyrighted BIOS'. Today, the public would be outraged if Microsoft and Intel prevented other OS's from being installed on a system. But already Microsoft is re-educating the public about the property rights of their PC, and making claims that only their OS is authorized on machines (one can refer to the recent flap about schools accepting donated systems at:
http://slashdot.org/article.pl?sid=02/04/18/1623240&mode=thread or http://www.theregister.co.uk/content/4/25085.html
for further detail). Microsoft is moving rapidly to a model of "OS assurance" and "Automatic upgrades" in the name of security and content management protection. The Holling's bills, by whatever name they are this week, are legal enforcement mandating the worse case scenario of the DMCA. It will end Free Software the moment it is passed because it demands secret control of your system to protect copyright monopoly franchises. Free Software can't be secret...
So the issue is, now that these bills, and other legislative and regulatory activities, are removing the basic property rights and free speech rights of PC owners, what do we do? Strangely enough, we MUST stop chasing out tail. We tend to respond (ineffectively I might add) to one ruling and bill after the next. We must also broaden our constituency.
Tony pointed out, quite correctly, that the Holling's bill is ultimately a starting point of for re-education of the public and a negotiating point for the assault on the 4th and 1st amendments. As I can see it, the courts are not prepared to uphold the public's interest in the face of legislation that promotes wiretapping and property damage to privately owned computers with regard to monopoly franchises (ie: Copyright). We need to go on the offensive and turn the tables. We need to control the language used in the debate on these issues. We need to proactively present bills that redefine Copyright in statutory law. For one thing, we need to always publicly say, that when a law is passed which prevents your full enjoyment of information legally acquired through purchase or borrowing that this is the same as straling. We must explain it, in clear and simple terms. We need to say that these reguations and business activities are as if someone knocked down your door and stole your computer, music and books. We need to say it immediately, constant and often, because this is JUST what Adobe and Time-Warner said accessing a DVD on GNU/Linux does. They literally say we're stealing. So we need to turn it around and point out that if someone does actually break into your house and steal all your DVD's that the individual calls the cops and reports the theft, not Time-Warner.
In addition, we need to introduce a new bill that will protect fair use and property rights. The bill, if crafted correctly, will fortify the courts in protecting individuals against 4th amendment abuses, defuse the DMCA and end a whole slew of unethical activities by the executive branch of government, and Congress.
Jeanne Thewell, who is someone I would trust my life with, is a lawyer working with NY Fair Use to draft such a bill (thelwell-at-mindspring.com). The broad outline of the bill is as follows...
The legislation to be drafted will accomplish the following main stream objectives which all reasonable people can expect:
-All copyrights to individual scores, writings, and recordings will be returned to the original artist after a period of 10 years.
-No technology can be deployed which spies on, wiretaps or discloses privately owned information which is stored on digital devices by any government agency or private 3rd party without the issuance of a publicly pronounced and disclosed warrant limited to a specific criminal investigation.
-All copyright cases must prove, prior to a judgment of guilt, proof that the actions in question did not infringe on Fair Use, and the individuals rights under the 4th and 1st amendment of the Bill of rights US Constitution.
-Ownership of all physical media, and devices to read such media, is the sole property of the purchaser of the media, without an expressly negotiated and signed contract between both the copyright holder and the purchaser.
-No technological software or hardware method can be deployed in a digital product and made available for normal retail sale which inhibits, in any way, the full enjoyment of the property by the purchasers, regardless of any agreement between the designer of the hardware or software products. Such agreements are null, and not contractible.
-Copyright is an exception to Fair Use as it limits the ability for individuals to enjoy their private property and express themselves with the use of such copyrighted materials. Fair Use is a doctrine to be based on the 4th and 1st amendments of the US Constitution.
-Individuals have the right to express themselves to others about the means, mechanism and workings of all digital devices, including but not limited to, discussion on how to make fair use of media, how to improve such devices, or to reverse engineer all such devices and the algorithms which are used to help them display, copy or run media.
We need to get as many big guns on this as possible and then relentlessly campaign, actively working to elect supporters and vote out incumbent opposition. In fact, we should look to defeat, not just the proposed spyware legislation, but also defeat Senator Hollings
WE CAN force him from office, because he's a radical.
Finally, the issue of developing friends and allies. Specifically, they have to be cultivated. Boucher is not powerful by himself, but if we get Weiner to become vocal on this issue as well, we WILL turn the tied, especially since Weiner was Chuck Schumer's chief of staff. Right now, we need to find him, wherever he speaks, and ask him about this issue, over and over again.
ALL POLITICS is LOCAL.
I'd love to expand on how to target a congressman. It's got to be done like Tammany Hall, machine politics, in the neighborhoods, and focusing on not only software, but the effects on education, libraries and wiretapping!
~Ruben
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