On 14-Aug-01, 17:32 (CDT), Jeff Prescot <[EMAIL PROTECTED]> wrote: > So, is the DMCA is not being applied properly, or the DMCA is not > implementing the WIPO Treaties correctly? What is your standpoint?
The DMCA is not needed to enforce the WIPO treaty (standard US copyright law did that). The DMCA was enacted on behalf of the large publishing concerns to criminalize actions that were (and are!) protected rights in standard US copyright law. Example: it is considered fair use for me to make a magnetic tape copy of a vinyl LP for use in my automobile. However, if I make an Ogg Vorbis copy of a track on a hypothetcal(?) copy-protected audio CD using some hypothetical tool to decode the track, I've violated federal law. If I even talk about how one might decode such a track, or flaws in the algorithm to encode the track, I've violated the DMCA -- and that's not hypothetical, as I'm sure you're aware (if not, search on google for Adobe+DMCA+FBI). US copyright law prior to DMCA provided plenty of protection for authors while protecting rights of consumers. The DMCA is completely one sided on behalf of authors (or more correctly, large publishers: they are not the same). It is also very likely unconstitutional because of the provisions that limit free speech about encryption techniques and devices. None of this belongs on the Debian list, though; sorry Thomas. :-) > [The Debian community...] is also very shy with copyright. I think you will find that "the Debian community" is actually a very strong supporter of copyright; that's why we have the DFSG, and are extremely careful about evaluating the licenses of what we distribute. There's lots of bitching about restrictive licenses, but that's because we *do* respect copyright, if we didn't we'd distribute the stuff regardless of license. What we (in the US, anyway) object to is the paid enactment of laws designed to protect the financial interests of large corporations, which is what the DMCA is all about. Steve -- Steve Greenland <[EMAIL PROTECTED]> (Please do not CC me on mail sent to this list; I subscribe to and read every list I post to.)
