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Links 1 through 10 of 27 by Simon Phipps tagged DMCA

I'm not big on boycotts, as I believe freedom is about what we are free to do rather than about what we must not do, but I don't buy stuff from Sony any more and am unlikely to do so until I see a track record of positive engagement with the meshed society of the 21st century.

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Seems companies abusing the DMCA to limit free speech are easily identifiable by their fear of transparency. Look at this disgusting new ploy aimed at keeping their bullying secret.

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Bad news here about the DMCA in America being given unwanted and unwarranted further reach, allowing corporations to control their markets - and their customers - more than ever. Also slightly unsettling that the report is from the perspective of a law firm that thinks this is a good thing.

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Congratulations to the EFF on this victory for digital liberty. We mustn't over-state the victory, however. The DMCA is still an unnecessarily broad act that chills innovation and liberty for Americans and sets a norm that endangers digital liberty worldwide. Moreover, the acts they have caused to be decriminalised are still covered contractually by the ridiculous terms applied to customers. So the fight for digital liberty is far from over.

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Very interesting analysis from EFF adds depth and colour to the case (see yesterday's Ars Technica link for details).

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Paul Carr with a relatively fair and balanced view of the Digital Economy Bill - seductively so. But I don't agree with his conclusions.

While the social contract behind copyright has merit (creating a protected 'space' where a copyright creation can be monetised in exchange for its dedication to the public domain), the digital age has driven a switch from a control-centric ('hub-and-spoke') society to an emergiunbg peer-to-peer society. There are no 'fixes' we can do to copyright to make it work right; we need to start again and invent a copyright for the digitial age.

The Digital Economy Bill is well intentioned, but there are no fixes available to make analogue copyright law work for a digital society and I fear the Bill will just make things worse, unleashing a "sorcerer's apprentice" effect of unintended consequences the way the US DMCA has done. The Bill has to be stopped, not patched.

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Excellent paper from the EFF provides us with the lessons of history as the UK considers implementing similar bad legislation. It's not so much the primary objectives of the law that are the problem (although those are pretty obnoxious). It's the fact that, through careless drafting (or rather drafting with the assistance of the wrong lobbyists), a whole range of loopholes are created which lead to unintended consequences like censorship, anticompetitive litigation and early monopolisation. This really is a document I want my representatives to read.

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"Imagine that, in the Summer of last year, you had been following the MP's expenses scandal and heard that The Telegraph was publishing a rather less redacted version that MP's were prepared to give us. Interested, you navigated your way to www.telegraph.co.uk only to find it was not responding. After some searching around and asking friends you discover that the website has been blocked by most major UK ISP's. It seems a junior official in Parliament had asked them to block The Telegraph for copyright violation."

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The finest possible visual aid for why we can't rely on automatic means to "filter" content. Lessig, as the world's leading authority on "fair use", is assumed guilty until he declares - and perhaps proves - himself innocent.

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Very welcome - and beuatifully-constructed - from Europe's data protection supremo. While we should not let up pressure on transparency and on three-strikes, it may be time to start spotlighting some of the other evil in the leaked drafts, such as unlimited search powers at borders, criminalisation of infringements, internet access logging and international application of the DMCA.

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