EFFector Vol. 15, No. 5 Feb. 14, 2002 editors@eff.org
A Publication of the Electronic Frontier Foundation ISSN 1062-9424
EFFector Vol. 15, No. 5 Feb. 14, 2002 editors@eff.org
A Publication of the Electronic Frontier Foundation ISSN 1062-9424
Happy Valentine's Day!
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EFF is troubled by a recent suggestion by an FCC Commissioner that your rights to obtain new technology (in this instance, digital high-definition TV technology) should be decided by an industry negotiation. EFF believes that this attitude toward consumers' rights is out of place, and should not go unchallenged.
Commissioner Kevin Martin, one of the five top officials of the agency which regulates U.S. communications policy, said in a speech on Feb. 1 that
The movie studios, broadcasters, cable industry, and consumer electronics industry need to reach an agreement on how digital content will be protected, and what rights consumers will retain to make personal recordings.
Emphasizing the high priority he placed on such an industry consensus, the Commissioner continued:
If further progress is not made soon, the Commission may need to become more directly involved.
We encourage you to write to FCC Commissioner Kevin Martin -- and, if you like, to the other Commissioners -- to share your views. Feel free to use the EFF's sample letter below as a starting point for your comments. Let the recipient(s) of your communication know that you are concerned about the idea that industries should decide what rights the public will have. Please be polite and concise, but firm.
You can use this sample letter to Commissioner Martin as a starting point for your own comments:
Commissioner Kevin J. Martin
Federal Communications Commission
445 12th St. S.W.
Washington DC 20554
Fax: (202)418-0232
E-mail: kjmweb@fcc.gov
Dear Commissioner Martin,
I am troubled by your Feb. 1, 2002 remarks before the Federal Communications Bar Association, during which you are quoted as having said "The movie studios, broadcasters, cable industry, and consumer electronics industry need to reach an agreement on how digital content will be protected, and what rights consumers will retain to make personal recordings."
This appears to suggest that my home recording rights and my rights to use digital television technology should be decided by a few industries meeting behind closed doors. I am concerned that this will not adequately protect my rights as a consumer, nor the rights of technologists working to build innovative new products. As I understand it, broadcasters and technology companies wouldn't even be considering these anti-consumer "copyright protection" technologies but for threats from movie studios to withhold movies from digital television. While copyright law may be important, it should not give one industry the power to hold up new television technologies and erode my legitimate fair use rights.
In short, I'm not prepared to trust my digital fair use rights and the future of television to an "industry consensus" made up of movie studios and the industries that they browbeat into submission. I urge the Commission to reject this approach. The Federal Communications Commission has an independent responsibility to the public to protect our rights in new communications media. I hope you will represent the public interest on this matter, rather than simply industry interests.
Sincerely,
[Your name & address]
Traditional analog television broadcasts are soon scheduled to be phased out and replaced with new higher-quality digital television broadcasts. Digital TV broadcasts have already begun in many cities, and the FCC anticipates a complete transition in which analog broadcast television is eliminated before the decade is out.
Major movie studios have increasingly claimed that this technical transition is slowed because of "inadequate protection" provided to copyrighted works when they are transmitted over the air. The studios themselves are making the decision to withhold their popular content, but they have advanced the idea that the new high-definition digital format should be considered inadequate until it incorporates home-recording restrictions endorsed by Hollywood.
This position shows movie studios' abiding suspicion of home recording -- a distrust expressed in the studios' efforts to ban the VCR, and a hostility which continues to this day in recent lawsuits against companies like SONICblue, which have created new personal video recording technologies (like ReplayTV). Over two decades ago, the major motion picture studios represented by the MPAA filed a lawsuit to try to stop Sony from selling its new Betamax VCR; the case was ultimately decided by the Supreme Court, which permitted the Betamax and similar devices to be sold. The MPAA has never given up on its attempts to control home recording devices; its latest court case against the ReplayTV claims that it gives consumers too many abilities.
The movie industry and representatives from other industries have formed a consortium called the Broadcast Protection Discussion Group (BPDG). This group is contemplating ways to ban all digital video devices (TVs, VCRs, PC-based TV tuners, and many more) which can receive digital television signals without imposing restrictions chosen by Hollywood. BPDG's work could result in plans to outlaw many innovative devices already on the market, even though these devices simply receive free over-the-air TV signals. Hollywood seems to hope for a regulatory rubber-stamp on the consensus of the "affected industries", without public debate and without the involvement of those whose products could be banned.
Unfortunately, such an outcome is possible. Copyright anxieties are running high, with the PC and the Internet seen as the newest villain. Will consumers be trusted with the next-generation VCR? The FCC and Congress are eager to facilitate the transition to digital TV; if convinced that home recording posed an unacceptible risk to the studios, they might find an "industry consensus" on technology restrictions very appealing.
Commissioner Martin's statements were the first public indication that the FCC is aware of and may endorse the efforts of groups like the BPDG. But the lack of public involvement in these industry negotiations is hardly deserving of the Commission's praise.
How to contact the FCC:
Home page of FCC Commissioner Kevin J. Martin:
Background on industry Broadcast Protection Discussion Group:
Copy Protection Technical Working Group, the parent organization
of the BPDG:
http://www.cptwg.org/
The inside story of Betamax (how studios sought to ban the VCR):
The Electronic Frontier Foundation is the leading civil liberties organization working to protect rights in the digital world. Founded in 1990, EFF actively encourages and challenges industry and government to support free expression, privacy, and openness in the information society. EFF is a member-supported organization and maintains one of the most linked-to Web sites in the world: http://www.eff.org/
Seth Schoen, EFF Staff Technologist
schoen@eff.org
+1 415-436-9333 x107Fred von Lohmann, EFF Senior Intellectual Property Attorney
fred@eff.org
+1 415-436-9333 x123
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Philips has informed us that they are "pleased" at the showing of
public support, but that using the comment form on their website
rather than the direct e-mail addresses (which the alert also provided)
results in consumer letters being sent not directly to Philips but
rather to the third-party company they've hired to manage their website.
Thus, we have updated the contact information provided by the
alert:
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EFFector readers will recall that in July, 2001, EFF received an unfounded
"cease and desist" letter from the attorneys for the Barney the Dinosaur franchise, claiming that an
obvious parody contained in a newsletter hosted in an EFF Archive violated
trademark and copyright law. EFF's attorneys responded with a letter
explaining the First Amendment protection afforded to parodies and strongly
encouraging Barney's attorneys to stop using phony legal threats to try to
silence critics. The two letters were republished in EFFector Vol. 14 No. 14:
EFF never received a response from Barney's attorneys, but we were hopeful that the clear legal analysis of their claims would dissuade them from threatening any more people.
Unfortunately, Barney's attorneys are apparently still at it. EFF has learned of another threat made to another obvious parody website, using some of the identical language but also threatening to contact the ISP of the publisher.
EFF believes it may be time to take positive action to stop Barney from scaring innocent citizens out of exercising their constitutional rights. We are looking for any other people who have received cease and desist letters from Barney's attorneys, to see if this is an ongoing effort or, hopefully, only a couple of isolated incidents.
If you have received a letter from Barney's attorneys, please contact Cindy Cohn, EFF's Legal Director, at cindy@eff.org immediately.
We thought Barney wasn't SUPPOSED to scare people.
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A trial date of June 3, 2002, has been set for Norwegian teenager Jon Johansen's criminal trial for developing DeCSS, software that can decrypt DVDs. The case will be heard by a three-judge panel of the Oslo City Court and is expected to last approximately six days.
Johansen was criminally charged on January 9, 2002, by Norwegian authorities, acting on a complaint filed by entertainment industry attorneys against the teen and his father. Indicted under Norwegian Criminal Code Section 145.2, which outlaws breaking through security measures of another to access data one is not entitled to access, Johansen could face two years in prison if convicted.
The case is unique in that Johansen was not charged under copyright law but under a statute that is primarily used to combat computer trespassing. Johansen claims that reverse engineering a DVD that he had legally purchased is not a violation of the law. DeCSS was created to build a DVD player that could run on the Linux computer operating system.
Johansen is represented by Norwegian attorney Cato Schiotz with the Oslo law
firm Schjodt & Co. EFF is helping to collect donations to pay for Johansen's
defense at the following link:
Please note that the money donated here goes directly to Johansen's attorneys.
If you would like to donate to EFF, you can do so at:
http://www.eff.org/support/
For more info on the Johansen case, see:
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As the first benefit dinner was a great success, we have decided repeat the experience to accommodate those who couldn't make it the first time around.
You are invited to join Stanford University Law Professor and Electronic Frontier Foundation (EFF) Board Member Larry Lessig for an intimate conversation regarding his new book over dinner and drinks. This exchange of ideas will take place on Tuesday, March 5th, at 7:30 p.m. in San Francisco, and will benefit EFF's work to protect rights in the digital age.
In his book, "The Future of Ideas," Larry warns of the dangers of corporate power strangling public interest online. He argues that these powerful forces could usher in a new "Dark Age" in which ideas are more strictly monitored and filtered than at any time in our history.
Larry will engage a dozen interested people at the upscale new Japanese restaurant Ozumo for a meal in the Sunken Kotatsu room.
Seated on cushions around a low wooden table, you will have the chance to discuss Larry's book and ideas with him in an intimate personal setting while enjoying excellent food. You will also be contributing to an important cause, as the money raised from this unusual evening will go to furthering the work of the Electronic Frontier Foundation.
The evening includes the opportunity to talk with Larry about his thoughts for the future and how we can affect it, your dinner and drinks, and a signed copy of "The Future of Ideas."
The cost is $500. As there are only 12 available seats, space will fill up quickly.
Please contact Katina Bishop for more information and to RSVP at 415-436-9333 x101 or katina@eff.org.
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Come see the EFF at the RSA Conference 2002, February 19-21 in San Jose. The EFF booth will be there, along with new goodies for the cryptography community. Stop by and say hi!
Where:
Booth #1447
The San Jose McEnery Convention Center
333 West San Carlos Street
San Jose, California 95113 USA
For more information:
http://www.rsaconference.com/
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EFFector is published by:
The Electronic Frontier Foundation
454 Shotwell Street
San Francisco CA 94110-1914 USA
+1 415 436 9333 (voice)
+1 415 436 9993 (fax)
http://www.eff.org/
Editors:
Katina Bishop, EFF Education & Offline Activism Director
Stanton McCandlish, EFF Technical Director/Webmaster
editors@eff.org
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