"The Digital Millennium Copyright Act makes creating and distributing programs that break copyright protections a criminal offense. Prosecutors believe the indictments are the first ever issued for violating the DMCA.

"ElcomSoft is the exact opposite of those kinds of people," Katalov said, referring to rogue computer hackers. "We have worked for so long and so closely with law enforcement in this country, you can imagine our surprise that the Justice Department thinks we are criminals. We hope ElcomSoft will have the opportunity to make our case in U.S. courts.

"My top concern is for Dmitry, his future and that of his young family," Katalov wrote. "Dmitry has been detained in San Francisco for a month and is unable to return to his home. ElcomSoft did not violate the letter or the intent of the DMCA, which we will prove in due time. Dmitry should not be made some sort of example.""

MIT Technology Review Breaking Microsoft's e-Book Code

""There is no device that can currently distinguish between a fair use and an illegal use of a copyrighted work," explains Allan Adler, vice president for legal and government affairs at the Association of American Publishers.

But unless publishers give readers the leeway to use e-books the same way they use print books, say many critics, few consumers will ultimately buy into the technology. To eBookWeb's Sperberg, getting rid of the "crazy catch-22" in the copyright law and rules like Microsoft's two-persona limit would be a good start. The fact that Microsoft has now joined Adobe as a victim of e-book decryption efforts, he says, should make it clear that "digital rights management doesn't make things harder for the professional pirate or the black-market publisher; it makes things harder for me, the reader."

Until software makers and publishers can figure out how to protect their e-books without treating all readers like thieves, in other words, the summer of beach-blanket e-books may never materialize."

redux [08.13.01]
The New York Times Software Double Bind
[requires 'free' registration]

"Call it the digital copyright equivalent of having your cake but not being able to eat it. The case of Dmitri Sklyarov, a Russian computer programmer arrested last month in Las Vegas, is drawing attention to a double bind in the Digital Millennium Copyright Act, a 1998 law that some legal experts say extends rights to consumers even as it effectively prevents them from exercising those rights.

The law of which Mr. Sklyarov ran afoul makes it illegal to manufacture or distribute a device designed to bypass technology that protects copyright material."

"The law also makes it illegal for individuals to use such a program - even to make a back-up copy of a book or movie or song for themselves, the type of copies traditionally allowed under copyright law. That is where the double bind comes in. Actually making such copies for personal use is not illegal. But it is against the law to break through the copy-protection measure to make the legal copies."

OpenP2P.Com The End of Innovation?

"The Internet under its original design built a platform that induced lots of innovation in applications and content. And it did this by embracing an end-to-end principle, which meant that the network would remain as simple as possible and push all of the intelligence and, therefore, innovation to the end. This is the vision that is now enabled by a peer-to-peer architecture, and it's the environment that has inspired the greatest amount of innovation around the Internet in its history.

Now this architecture threatens existing interests, business interests and Hollywood interests, and in response to that threat there have been a number of changes that have occurred in both the technical and legal environment, aiming to undermine this platform for innovation, aiming to change it into a platform where it's easier for certain interests to exercise control over innovation on that platform. And the changes at the technical level include changes to the architecture, enabling network owners to exercise more control or discrimination over content that flows across their network or for applications that run on the network. And in the legal environment, the change is brought about by changes in copyright law essentially -- also patent law, but let's start with copyright law -- that radically increase the extent to which copyright holders can exercise control over their content."

redux [07.12.01]
News.Com Library "radicals" targeted in latest copyright battles

"Gone are the days when a librarian's worst offense was hushing patrons one too many times."

In this digital age, the custodians of published works are at the center of a global copyright controversy that casts them as villains simply for doing their job: letting people borrow books for free."

redux [07.30.01]
The New York Times Opinion Page Jail Time in the Digital Age
[requires 'free' registration]

"Dmitri Sklyarov is a Russian programmer who, until recently, lived and worked in Moscow. He wrote a program that was legal in Russia, and in most of the world, a program his employer, ElcomSoft, then sold on the Internet. Adobe Corporation bought a copy and complained to the Federal Bureau of Investigation that the program violated American law and that, by the way, Mr. Sklyarov was about to give a lecture in Las Vegas describing the weaknesses in Adobe's electronic book software. Two weeks ago, the F.B.I. arrested Mr. Sklyarov. He still sits in a Las Vegas jail."

Something is going terribly wrong with copyright law in America."

redux [06.08.01]
ZDNet Technology and the corruption of copyright

"Interestingly, with the onslaught of technology and promises of greater opportunity to share and communicate, copyright is now a hindrance to these ideals, serving only the moneyed interests of owners."

"Historically, copyright protections were afforded to promote expressive discourse fundamental to a democratic society. Today, the very notion of intellectual property serves to commoditize expressive ideas, rather than fostering their dissemination. Whereas initially the provision of an economic benefit was secondary to the promotion of original works, modern copyright inverts this ideal in a continuing effort to establish a marketplace for ideas."

redux [01.23.01]
Cryptome What's Wrong With Content Protection

"Converting the whole world to operate without scarcity is a huge task. Such a large economic shift would take decades to spread through the entire world economy, making billions of new winners and new losers. We will be extremely lucky if by 2030 we are prepared to end scarcity without massive social turmoil, including riots, civil unrest, and world war. If we are to find a peaceful path to an era of plenty, we should be starting HERE AND NOW, transforming the industries we have already eliminated scarcity in -- text, audio, and video. Companies that can't adjust should disappear and be replaced by those who can. As these whole industries learn how to exist and thrive without creating artificial scarcity, they will provide models and expertise for other industries, which will need to change when their own inefficient production is replaced by efficient duplication ten or fifteen years from now. Relying on copy-protection now would send us in exactly the wrong direction! Copy protection pretends that the law and some fancy footwork with industrial cartels can maintain our current economic structures, in the face of a hurricane of positive technological change that is picking them up and sending them whirling like so many autumn leaves."

redux [12.17.00]
Bad Subjects Beyond Copyright Consciousness

"Today's received ideas about intellectual property can be distilled into two major threads: technology killed copyright, and copyright is anachronistic in networked culture. Both of these notions are simplistic and ahistorical, and I'll try to argue that they're shortsighted. What we really ought to be talking about is access to works. Access is related to copyright, but is really more fundamental to our freedom to think and experience. I'd like to propose an expanded access scheme and offer an example of small steps that are being taken in that direction."

redux [07.27.00]
Free Software Advocacy Against intellectual property

"The original rationale for copyrights and patents was to foster artistic and practical creative work by giving a short-term monopoly over certain uses of the work. This monopoly was granted to an individual or corporation by government. The government's power to grant a monopoly is corrupting. The biggest owners of intellectual property have sought to expand it well beyond any sensible rationale."

"This chapter outlines the case against intellectual property. I begin by mentioning some of the problems arising from ownership of information. Then I turn to weaknesses in its standard justifications. Next is an overview of problems with the so-called "marketplace of ideas," which has important links with intellectual property. Finally, I outline some alternatives to intellectual property and some possible strategies for moving towards them. "

"If we simply imagine intellectual property being abolished but the rest of the economic system unchanged, then many objections can be made. Challenging intellectual property must involve the development of methods to support creative individuals."

redux [07.13.00]
Business 2.0 Semantics of the New Economy

"The struggle over monetizing the digital economy is now a war, if we follow the rhetoric of its leaders. The battle over music and movies is inspiring Charlton Heston-like images, most recently from Edgar Bronfman, head of Universal Studios (whose last widely distributed quote came years ago when he declared the Internet the "CB radio of the '90s"), in a speech at Real Conference 2000 in May. "

""I am warring against the culture of the Internet, threatening to depopulate Silicon Valley as I move a Roman legion or two of Wall Street lawyers to litigate in Bellevue and San Jose," Bronfman said. "I have moved these lawyers?not to attack the Internet and its culture, but for its benefit and to protect it."

Bronfman justified his fight as defense of his "intellectual property rights," and those of creators everywhere. "You own a home. You own a car. They're yours - they belong to you. Well, your ideas belong to you, too. And "intellectual property" is property, period." In pursuit of pirates, he said, "we must restrict the anonymity behind which people hide."

"The semantics of the issues intrigue me, and came to my attention through Richard Stallman, who suggests that terminology is a foundation for our ideas, and that words such as consumer, protection, piracy, and intellectual property reinforce faulty premises."