March 16
The Xerox machine
March 17
TCP/IP
March 18
Blogs
March 21
The VCR
March 22
Email
March 23
Silly Putty
March 24
CD Burners
March 25
iPod
March 28
The Dual-deck Cassette Recorder
March 29
Adobe Photoshop
A Betamax-protected device every (week)day until March 29
Ever since the Betamax ruling in 1984, inventors have been free to create new copying technologies as long as they are capable of substantial noninfringing (legal) uses. But by the end of this year, all that could change. In MGM v. Grokster, Hollywood and the recording industry are asking for the power to sue out of existence any technology that appears to be a threat, even if it passes the Betamax test. That puts at risk any copying technology that Betamax currently protects as well as any new technologies Hollywood doesn't like.
To raise awareness about what's at stake in the Grokster case, EFF is profiling one Betamax-protected gadget every weekday until the oral arguments before the Supreme Court on March 29. Some of these examples are in fun, some more serious, but all represent general-purpose technologies that can be used for both infringing and noninfringing purposes. Check them out and pass the word along.
Vitals
This machine makes perfect replicas of printed pages.
It can expand or contract the images on those pages, change their
colors, and collate batches of pages into various
configurations. It is ideal for copying pages from books, creating
posters, and duplicating pictures.
Invented
"Xerography," or copying via electrostatic energy, was discovered in 1937 by law student Chester Carlson.
What this machine has made possible
The desktop publishing revolution, zines as an art form, cheaply reproduced classroom materials, quick reproductions of reports or other business materials, and an easy way for political or arts groups to create flyers that raise awareness about their work.
Vitals
This technology allows the perfect and reliable copying of
digital data from one "host" to one or more other hosts on a
millisecond time scale, regardless of the geographical location
of the hosts, the physical medium or media connecting them
(including but not limited to
copper, fiber-optic cables, lasers, air, and pigeons), the reliability
of the medium, or the nature of the data itself.
Invented
Published in September 1981 by DARPA researchers working at the Information Sciences Institute at the University of Southern California.
What this device has made possible
This and all web pages, email, instant messaging, and Voice over IP.
Vitals
Blogging tools make it trivial for anyone to publish their thoughts and opinions as text, images, photos, video, and audio on the Web, and come with a suite of functions to simplify linking to other blogs, copying blog posts from one blog to another, and syndicating the content of blogs to other websites.
Invented
Various blogs have existed since as early as 1994, beginning with Justin Hall's "Justin's Links"; the first blogging tools were available around 1999.
What this device has made possible
Tens of millions of
individuals have tried their hand at blogging, experiencing a
"personal publishing revolution" where the barriers to free
expression are dramatically lowered. Blogging has attracted
homeless bloggers who write first-hand about homelessness, soldier
bloggers who blog first-hand about war, political-bloggers who
write first-hand from the campaign trail. Bloggers from across the
political spectrum have contributed original reportage and
analysis to political and social debates, ousting powerful
senators and journalists when they commit grave public gaffes.
Vitals
This machine makes copies of over-the-air television broadcasts
and can also play back copies made or sold by others. It allows
users to record television programs and movies for viewing at
their leisure, thus upsetting the careful pricing structure for
television shows and advertising based upon the time of viewing.
It also allows users to keep copies of shows and movies and watch
them multiple times, without paying for each viewing, a process
known as "librarying." Two machines can also be hooked up together
to allow copying of copies, a process that can be used for
commercial infringement as well as noncommercial infringement.
Invented
While predecessor technologies allowing color videotape recording
existed as early as 1958, the VCR as a mass market consumer item was
not developed until the late 1970s. Originally there were competing
technical standards, but ultimately the war between Sony's Betamax
standard and JVC's VHS standard was won by VHS. The movie companies'
attempt to have the device banned resulted in the Supreme Court
adoption of the holding that technologies that can be used for both
illegal and legal purposes cannot be banned as long as they are merely
capable of "substantial noninfringing uses."
What this device has made possible
The VCR gave families control over their schedules and access to more
entertainment, allowed children to watch "Mr. Roger's Neighborhood"
with their parents, and created the home rental market. It has
generated huge revenues for the television and movie industries
through video rentals and sales, revenues that now surpass the money
that the movie studios make from theater showings of movies.
Vitals
Email allows any Internet user (the sender) to send text messages, or any other kind of file, to one or more other Internet users (the recipients). If they choose, the recipients may then respond to the sender by drafting a subsequent email message.
Invented
Network email dates to US military systems in the mid-1960s, but the
technology has been repeatedly reimplemented and enhanced since then.
Email has been a central part of every modern computer communications
system, including the UUCP network, the Internet's predecessor
ARPAnet, and a variety of military and academic networks. It has also
been a key draw for shared mass-market dialup services such as
CompuSERVE, MCI Mail, Prodigy, and America Online. Modern Internet
email standards and protocols were developed incrementally by the
Internet community between the early 1980s and the present, and were
standardized and published by the Internet Engineering Task Force
(IETF).
What this device has made possible
Routine online communications between computer users around the world, and the displacement of a significant amount of communication from the postal system and the telephone system onto computer networks. The acceleration of business, academic, and personal communication. The spontaneous development of specialized discussion and interest groups, as well as distributed collaboration.
Vitals
A stretchy silicone plastic.
Invented
In the 1940s.
What this device has made possible
Silly Putty has long been marketed for its ability to transfer prints from newspapers or
cartoons. No copyright holder has authorized this copying or the subsequent stretching and
distortion users perform on the puttified image, yet Silly Putty's ad campaigns directly
encourage these potential infringements (see this 1960's advertisement). Further, Silly Putty can be molded into replicas of
copyrighted images, providing nearly limitless infringing fun.
Vitals
Recordable optical storage media found in virtually all PCs.
Invented
By a company called Taiyo Yuden, in 1988.
What this device has made possible
Perfect digital copies. Of data, sure. But also, importantly,
audio. Now that CD burner prices have plunged and speeds have shot to
32x or more, the CD burner has effectively replaced both the floppy
drive and the cassette recorder in the American home. Blank CD sales
have been above a billion units annually since 2001, a testament to
the popularity of mix CDs and copying CDs from friends, as well as the
need to inexpensively back up digital photos, data, and documents.
In the eyes of the recording industry, the predominant use of CD burners is to infringe copyright. In its view, the spectacular rise in blank CD sales means people are indulging in "home taping" — an orgy of copyright infringement. Remember, the Recording Industry Association of America (RIAA) has never admitted that you have a right to make mix CDs and give them to your friends, or even to make a copy for your own car. So how do burner manufacturers like Sony, Matsushita, Plextor, and others get away with selling these infringement machines? Because the Sony Betamax case said that it doesn't matter what the RIAA lawyers think the "predominant use" of a technology might be. The only relevant legal question is whether CD burners are merely "capable" of substantial noninfringing uses. And, as someone who uses his own CD burner to back up his iPhoto library, it seems pretty obvious that CD burners have lots of obviously noninfringing uses, even without getting into the messy debate about mix CDs. Whew! Thanks to the Sony Betamax principle, HP, Apple, Dell, and all the other PC makers can rest easy — CD burners are legal to distribute, even if most people use them to make "unauthorized digital music recordings."
Vitals
A very user-friendly portable device for storing and accessing
digital data, especially music.
Invented
Apple released the first iPods in November of 2001, though there were a few other portable mp3 players on the market at that point.
What this device has made possible
Millions of people now can easily carry around, organize into
playlists, and listen to thousands of songs from their music
collection.
Vitals
This machine makes a perfect replica of the audio contents of
one cassette tape on another by playing one deck and recording the
other at the same time. Popular brands later included a "high-speed
dubbing" feature which allows copying to commence with the press of a single
button and at twice the previous rate.
Invented
The compact cassette was invented by Phillips in 1962.
What this device has made possible
Thousands of music fans have been able to make back-up tapes of
their favorite store-bought cassettes and mixed tapes as well as
copies for their friends and family. Sharing music is a
time-honored American tradition, thanks to the dual-deck.
Vitals
Photoshop wasn't the first image manipulation program, but it brought powerful digital darkrooms to the general public.
Invented
Written by two brothers from Michigan in the late 1980's and distributed with scanners, it was licensed by Adobe in 1990.
What this device has made possible
Almost every graphic you see on the Web or in print; the ability to
edit digital images (even images that you didn't create). Photoshop is
ideal for making copies and derivative works. You might be infringing
copyright unless you're editing your own material, making something
from scratch, or squeezing into one of copyright's few exceptions. If
multi-purpose tools that are capable of infringement start attracting
lawsuits, we can expect Photoshop to feel the heat.