Comments on: More on the International Dimensions of Anticircumvention Policy http://blogs.law.harvard.edu/infolaw/2006/07/27/more-on-the-international-dimensions-of-anticircumvention-policy/ Information, Law, and the Law of Information Fri, 27 Nov 2009 15:32:44 -0500 http://wordpress.org/?v=2.8.4 hourly 1 By: Info/Law » Michael Geist’s “30 Days of DRM” http://blogs.law.harvard.edu/infolaw/2006/07/27/more-on-the-international-dimensions-of-anticircumvention-policy/comment-page-1/#comment-749 Info/Law » Michael Geist’s “30 Days of DRM” Mon, 21 Aug 2006 18:09:41 +0000 http://blogs.law.harvard.edu/infolaw/2006/07/27/more-on-the-international-dimensions-#comment-749 [...] Canada is writing against a blank statutory slate here, and Geist’s posts are aimed at trying to prevent Canada from making some of the same mistakes as the United States. His posts seem to be animated by the same idea that drives Urs Gasser’s recent comparative essay (about which I blogged here and here) on anti-circumvention regulations in the EU: assuming for the moment that international law requires the adoption of some form of anti-circumvention regulations, how might those regulations be framed so as to minimize the disruption of existing legal doctrines and consumer norms? Geist’s posts illuminate the range of choices from which policymakers might choose, and illustrate the importance of choosing the “right” ones. People interested in the DRM debate, particularly in its international and comparative aspects, will want to follow Professor Geist’s ongoing “30 Days of DRM” series closely. [...] [...] Canada is writing against a blank statutory slate here, and Geist’s posts are aimed at trying to prevent Canada from making some of the same mistakes as the United States. His posts seem to be animated by the same idea that drives Urs Gasser’s recent comparative essay (about which I blogged here and here) on anti-circumvention regulations in the EU: assuming for the moment that international law requires the adoption of some form of anti-circumvention regulations, how might those regulations be framed so as to minimize the disruption of existing legal doctrines and consumer norms? Geist’s posts illuminate the range of choices from which policymakers might choose, and illustrate the importance of choosing the “right” ones. People interested in the DRM debate, particularly in its international and comparative aspects, will want to follow Professor Geist’s ongoing “30 Days of DRM” series closely. [...]

]]> By: Info/Law » Technical {and,or,vs.} Legal Solutions to Digital Copyright’s Excesses http://blogs.law.harvard.edu/infolaw/2006/07/27/more-on-the-international-dimensions-of-anticircumvention-policy/comment-page-1/#comment-689 Info/Law » Technical {and,or,vs.} Legal Solutions to Digital Copyright’s Excesses Wed, 02 Aug 2006 17:25:54 +0000 http://blogs.law.harvard.edu/infolaw/2006/07/27/more-on-the-international-dimensions-#comment-689 [...] Over the last few weeks, I’ve written two posts briefly summarizing Urs Gasser’s new paper (Legal Frameworks and Technological Protection of Digital Content: Moving Forward Towards a Best Practice Model) and giving my reactions to it. My posts are here: Reading Gasser on DRM and Anticircumvention Rules and More on the International Dimensions of Anticircumvention Policy. In my posts, I tried to draw a distinction between objections to the types of digital rights management (DRM) measures that are deployed to protect copyrighted works, and objections to the legal regime that protects those DRM measures against circumvention. This distinction seems self-evident to me, but my (possibly poor) efforts to articulate it have drawn fire. I’ll see whether I can do a better job in this post. [...] [...] Over the last few weeks, I’ve written two posts briefly summarizing Urs Gasser’s new paper (Legal Frameworks and Technological Protection of Digital Content: Moving Forward Towards a Best Practice Model) and giving my reactions to it. My posts are here: Reading Gasser on DRM and Anticircumvention Rules and More on the International Dimensions of Anticircumvention Policy. In my posts, I tried to draw a distinction between objections to the types of digital rights management (DRM) measures that are deployed to protect copyrighted works, and objections to the legal regime that protects those DRM measures against circumvention. This distinction seems self-evident to me, but my (possibly poor) efforts to articulate it have drawn fire. I’ll see whether I can do a better job in this post. [...]

]]> By: A Copyfighter's Musings http://blogs.law.harvard.edu/infolaw/2006/07/27/more-on-the-international-dimensions-of-anticircumvention-policy/comment-page-1/#comment-677 A Copyfighter's Musings Mon, 31 Jul 2006 06:01:34 +0000 http://blogs.law.harvard.edu/infolaw/2006/07/27/more-on-the-international-dimensions-#comment-677 <strong>The DMCA's Deserved Rap...</strong> In the comments of a post about Urs Gasser's new paper on anti-circumvention laws, Tim Armstrong made this rather peculiar statement: "[M]y paper on fair use and digital rights management ( linked from the blog posting ) is in some measure an attempt... The DMCA’s Deserved Rap…

In the comments of a post about Urs Gasser’s new paper on anti-circumvention laws, Tim Armstrong made this rather peculiar statement: “[M]y paper on fair use and digital rights management ( linked from the blog posting ) is in some measure an attempt…

]]> By: Tim Armstrong http://blogs.law.harvard.edu/infolaw/2006/07/27/more-on-the-international-dimensions-of-anticircumvention-policy/comment-page-1/#comment-662 Tim Armstrong Thu, 27 Jul 2006 22:54:35 +0000 http://blogs.law.harvard.edu/infolaw/2006/07/27/more-on-the-international-dimensions-#comment-662 I certainly don't count myself as a foe of the DMCA per se. Indeed, my paper on fair use and digital rights management (linked from the blog posting) is in some measure an attempt to show that the DMCA has gotten a bum rap -- the statute has been blamed, incorrectly in my view, for some problems that in reality stem from particular choices among competing technological designs. The paper also attempts to articulate an alternative technological design that, if adopted, would remove many (although perhaps not all) of the most common fair-use-based objections to the statute as it presently operates in practice. I certainly don’t count myself as a foe of the DMCA per se. Indeed, my paper on fair use and digital rights management (linked from the blog posting) is in some measure an attempt to show that the DMCA has gotten a bum rap — the statute has been blamed, incorrectly in my view, for some problems that in reality stem from particular choices among competing technological designs. The paper also attempts to articulate an alternative technological design that, if adopted, would remove many (although perhaps not all) of the most common fair-use-based objections to the statute as it presently operates in practice.

]]> By: Randy Picker http://blogs.law.harvard.edu/infolaw/2006/07/27/more-on-the-international-dimensions-of-anticircumvention-policy/comment-page-1/#comment-661 Randy Picker Thu, 27 Jul 2006 22:25:10 +0000 http://blogs.law.harvard.edu/infolaw/2006/07/27/more-on-the-international-dimensions-#comment-661 On the film clips, you have to distinguish fair use from the question of the right of a copyright holder to condition access to the work. The copyright act doesn't create rights of access and fair use doesn't itself act as an access right (and nor does 110(1)). I have more on this at http://uchicagolaw.typepad.com/faculty/2006/07/fair_use_and_ac.html . On the film clips, you have to distinguish fair use from the question of the right of a copyright holder to condition access to the work. The copyright act doesn’t create rights of access and fair use doesn’t itself act as an access right (and nor does 110(1)). I have more on this at http://uchicagolaw.typepad.com/faculty/2006/07/fair_use_and_ac.html .

]]> By: William McGeveran http://blogs.law.harvard.edu/infolaw/2006/07/27/more-on-the-international-dimensions-of-anticircumvention-policy/comment-page-1/#comment-660 William McGeveran Thu, 27 Jul 2006 21:18:49 +0000 http://blogs.law.harvard.edu/infolaw/2006/07/27/more-on-the-international-dimensions-#comment-660 Tim, the Berkman Center's "Digital Learning" paper, which I've been working on and which should be released in the next week or so, includes a case study very close to your George Harrison example. Film studies professors who want to assemble clips from different movies to show in class (say, illustrating how different directors use the same camera angle to create certain effects) must crack CSS encryption on DVDs in order to copy the content. This pretty clearly violates the DMCA as it is usually interpreted, despite the fact that showing the clips is of course fair use (and also covered by section 110(1) of the copyright statute to boot!). It seems most film professors do it anyway. There are two problems though. First, they are acting outside the law and run the risk of civil and criminal penalties, as well as the fact that the whole situation undermines respect for legitimate copyright prohibitions. Second, because of the inflexible anti-trafficking provisions of the DMCA, there is always the possibility that the supply of user-friendly circumvention tools will dry up. Tim, the Berkman Center’s “Digital Learning” paper, which I’ve been working on and which should be released in the next week or so, includes a case study very close to your George Harrison example.

Film studies professors who want to assemble clips from different movies to show in class (say, illustrating how different directors use the same camera angle to create certain effects) must crack CSS encryption on DVDs in order to copy the content. This pretty clearly violates the DMCA as it is usually interpreted, despite the fact that showing the clips is of course fair use (and also covered by section 110(1) of the copyright statute to boot!).

It seems most film professors do it anyway. There are two problems though. First, they are acting outside the law and run the risk of civil and criminal penalties, as well as the fact that the whole situation undermines respect for legitimate copyright prohibitions. Second, because of the inflexible anti-trafficking provisions of the DMCA, there is always the possibility that the supply of user-friendly circumvention tools will dry up.

]]> By: Randy Picker http://blogs.law.harvard.edu/infolaw/2006/07/27/more-on-the-international-dimensions-of-anticircumvention-policy/comment-page-1/#comment-659 Randy Picker Thu, 27 Jul 2006 21:17:19 +0000 http://blogs.law.harvard.edu/infolaw/2006/07/27/more-on-the-international-dimensions-#comment-659 Tim, There is also a group--a small group perhaps--who think that there is much to be said for the DMCA and for DRM. If you are interested, you might look at this post -- http://uchicagolaw.typepad.com/faculty/2006/05/digital_rights_.html -- and this paper (Copyright and the DMCA: Market Locks and Technological Contracts: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=690901 ). Tim,

There is also a group–a small group perhaps–who think that there is much to be said for the DMCA and for DRM. If you are interested, you might look at this post — http://uchicagolaw.typepad.com/faculty/2006/05/digital_rights_.html — and this paper (Copyright and the DMCA: Market Locks and Technological Contracts: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=690901 ).

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