“A technical lock on a piece of content that l’ve
bought and paid for is quite different from the padlock
my neighbor puts on a garden shed” —Keith Clifford
Lockouts
In his
“Counterpoint” sidebar to “Death
by DMCA” [June],
Fritz Attaway of the Motion Picture
Association of America suggests that breaking
technical locks should be illegal. But he forgets
that a technical lock on a piece of content that
I’ve bought and paid for is quite different from the
padlock my neighbor puts on a garden shed.
Breaking a technical lock damages no property and
inflicts no harm. How the knowledge to do so is
applied has the potential to inflict harm. One
reason someone would try to break such a lock is to
steal content; this should be punished. The other
reason is for the intellectual challenge of
advancing the technology; this should be encouraged.
If I legally download or buy content for later
use, I expect to be able to use that content when
and how I see fit and not be restricted by arbitrary
rules imposed by the recording industry in its
efforts to improve its members’ cash flow. I’m
learning French, and while I was in France recently,
I went to a video store to buy a few movies.
Fortunately, my wife reminded me that DVDs have
country codes and that I might not be able to play
the DVDs once I returned home.
It’s inconceivable to me that the recording
industry thinks it is good business to alienate its
customers. It is certainly alienating this one!
Keith Clifford
IEEE Member
Coquitlam, B.C., Canada
I thoroughly
enjoyed “Death by DMCA,” as much for its
detail and quality of writing as for the importance
of the debate. What I noticed most was the
difference between the article and the
“Counterpoint” sidebar written by the representative
of the Motion Picture Association of America.
While the article itself supported every statement
with examples and facts, the counterpoint showed the
shallow depth of argument that the entertainment
industry is forced to defend.
Cyrus Miller
IEEE Student Member
Orono, Maine
As I read the
article, I flashed back more than 40
years to when copiers first became commonplace. For
a brief period, there was a push to forbid any
copies of any copyrighted material for any purpose
without prior authorization or royalty payments.
Some claimed that without such regulation, print
media would die in a decade. Such regulation did
not, of course, come to pass; instead print media
flourished. Consider how few trade publications
there were in the 1960s. Look at how many there are
now.
Next, I flashed back 55-plus years to when the
television industry tried to forbid TV sets in
restaurants and lounges, because they were using the
broadcasts to help make money (selling food and
drink) and not paying royalties.
Hollywood should learn from history. Openness
means greater long-term prosperity for everyone.
Ronald O. Brown
IEEE Member
Casco, Maine
When I
saw the Motion Picture Association of
America’s claim that the DMCA has helped to create
new stuff—iPod, instant messaging, DVDs, and all the
popular entertainment gear out today—I just about
died laughing. The DMCA has done nothing but kill
innovation in the entertainment markets. It hinders
the development of new material and destroys new
devices—new lines of business—that could make not
just the entertainment industry but others as well
very profitable.
The association doesn’t seem to understand that
copyright is not indefinite. I’m young, and Elvis
and Walt Disney are dead—but under current U.S.
copyright laws, I will be dead (and most likely my
grandchildren, too) before their works fall out from
under copyright and go into the public domain.
That’s not what was intended by copyright, and I’m
not happy about it.
Further, the U.S. population is not going to go
out overnight and buy new TV sets (as much as the
Motion Picture Association of America may like) just
to watch the new DTV or HDTV stuff when, as the U.S.
Federal Communications Commission mandates, all
current standard definition TV channels are to be
removed. A lot of people will stop watching, and
they will be better for it.
Benjamen R. Meyer
IEEE Member
Fairfax, Va.