Deeplinks Blog posts about DMCA
In order to make remix videos, do computer research, or make e-books accessible, people often need to bypass access controls on the media they own. This week, EFF explained to the U.S. Court of Appeals for the Ninth Circuit that the government cannot prohibit such speech without running afoul of the First Amendment, in a friend-of-the-court brief filed in the case of VidAngel v. Disney.
VidAngel provides a service that allows customers to view movies minus the parts it identifies as offensive. Disney and other entertainment companies, including Fox and Warner Brothers, argued that providing this service violates copyright law and the related law against bypassing access controls in Section 1201 of the Digital Millennium Copyright Act.
We're taking part in Copyright Week, a series of actions and discussions supporting key principles that should guide copyright policy. Every day this week, various groups are taking on different elements of the law, and addressing what's at stake, and what we need to do to make sure that copyright promotes creativity and innovation.
A decade ago, DRM seemed like it was on the ropes: it had disappeared from music, most video was being served DRM-free by YouTube and its competitors, and gamers were united in their hatred of the technology. But by 2016, DRM had come roaring back, finding its way into voting machines, insulin pumps, and car engines.
Like all invasive species, DRM is hardy, and in the years since the mid-2000s, it has gone on to colonize nearly every category of software-enabled device, from thermostats to voting machines to cars and tractors to insulin pumps. Companies have worked out that since section 1201 of the Digital Millennium Copyright Act provides penalties for breaking DRM, they can simply design their products so that using them in ways that the manufacturer dislikes requires breaking DRM first, and then they can claim that using your property in ways that displease the company that made it is a literal felony.
Three years into Congress's copyright review and it's still more talk than action.
The Consumer Review Fairness Act Is an Win for Free Speech Online, Despite Possible Flaw
President Obama recently signed the Consumer Review Fairness Act of 2016 (H.R. 5111), which passed both houses of Congress unanimously. The bill addresses a dangerous trend: businesses inserting clauses into their form contracts that attempt to limit their customers’ ability to criticize products and services online. We’re pleased to see Congress taking a big step to protect free speech online and rein in abusive form contracts.
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