SCSInet
01-23-2005, 03:26 PM
I need to write a novel, so here we go...
Has anyone out there realized what the Digital Millenium Copyright Act (DCMA), the Uniform Computer Information Transactions Act (UCITA), or End User License Agreements (EULA) that come bundled with products really have the power do to?
The courts and government, in pure ignorance of the technological world we live in, pass these laws that basically allow the overall suppression of basic free speech and open communication among human beings when it comes to anything that threatens the intellectual property of recording companies, software writers, or just about anyone who owns said properties.
Under the DMCA:
If I create a piece of software and bundle a copy protection device on it, it is illegal to defeat that copyright protection device, even to execute actions that the EULA deems okay, or to even discuss it with someone.
Last weekend, I was talking to Crumbles about this. I mentioned that under the DMCA, it was illegal to make a copy of "Command and Conquer" because it was protected by Safedisc, yet the EULA specifically stipulates that it is okay to copy it for backup or archival purposes. That's right, boys and girls, either way, you're fucked. He didn't even believe it. I had to show him in the EULA.
Oh but it gets better. If I BUY a CD, but choose to make a copy of it for my car, for my personal use...sorry, illegal.
If I play a CD at a party and the record company decides I should pay them royalties, then it was illegal.
If the record company decides I am doing something illegal (still under the DMCA), they can basically wreak vigilante justice on me, such as hack my ass, sue, etc, and I am powerless to stop it.
If a new copy protection scheme comes out, EVEN DISCOVERING ON MY OWN how to circumvent it is illegal. That's right..the mere act of researching how to defeat it or even stumbling across it is illegal.
...then telling you how to defeat it... oh that's really illegal.
This act also gives them the power to take certain measures to protect their rights, such as a CD that automatically installs (sans user invervention) a program (or WORM as other similar programs are called) onto my computer without my permission that stops the CD from being played if it was copied. Finding the program and unstalling it on my computer? Illegal.
Then there are the EULAs...
A little while back, a bug in Applie's iTunes software caused entire hard disk to be wiped out on subscriber machines. Unfortunately, there was nothing they could do about it because Apple had inserted a stipulation into it's EULA that idenmified them from any damage resulting from their shitty coding.
Think this problem is isolated? Nope. It's all pretty standard in any EULA. It's basically the equivelant of car makers making you sign a form when you buy a car that prevents your family from suing you if you know about a flaw, do nothing, then the car explodes. EULAs basically protect the company from their own negligence.
Making a web site in Front Page? Thinking about putting a "Made by Frontpage" banner on it? Didn't check to make sure that Frontpage didn't put it's name into any meta tags? Well, fine, but make sure you didn't say anything nasty about Microsoft on those pages. Yep, under FrontPage's EULA, you can't trash Microsoft on any web site you create with their products.
What's worse is the ridiculous one sided nature of EULAs. Most (and I am talking 90%+) of EULAs state that:
1. You do not own the software you paid good money for. The company merely is licensing you to use it. That company may command you to stop using it at any time, or decide you need to pay more to use it, again, at any time.
2. The software may be copied for archival purposes. Yet, if you do it, they can nail you under the DMCA.
3. If you do not agree with the terms of the license, you must take the software back to the place of purchase for a refund (at which point the place of purchase will refuse the refund because you had to open the box to get to reading the EULA).
4. The vendor is not responsible for any way their software fucks your computer, risks your personal information, or in any other way makes it seem like virtual anal from Christopher Lowell.
5. Finally (my favorite), the vendor may change the terms of this license at any time, without notice, and you are continually bound to the evolving contract. This makes it a contract of adhesion (english: Take it or leave it, fucker).
It's too bad that the software companies will probably never change, and technology moves way too fast for the government to keep up. It's because of these reasons that these IP owners, such as the music industry, the software industry, movies, etc will continue to be able to line the pockets of polititions and step on our rights. This isn't a problem that's restricted to one vendor or even a few vendors. Everyone is doing it and I fear there is no way to make them realize that we don't like it. Ignorance is bliss my ass.
Oh, and Crumbles, if you are worried about being sued under the DMCA becuase my post mentions the circumvision of copy protection, you should be. Technically, this post could be considered illegal.
This forum is frequented by techies. I'd love to hear their thoughts.
Has anyone out there realized what the Digital Millenium Copyright Act (DCMA), the Uniform Computer Information Transactions Act (UCITA), or End User License Agreements (EULA) that come bundled with products really have the power do to?
The courts and government, in pure ignorance of the technological world we live in, pass these laws that basically allow the overall suppression of basic free speech and open communication among human beings when it comes to anything that threatens the intellectual property of recording companies, software writers, or just about anyone who owns said properties.
Under the DMCA:
If I create a piece of software and bundle a copy protection device on it, it is illegal to defeat that copyright protection device, even to execute actions that the EULA deems okay, or to even discuss it with someone.
Last weekend, I was talking to Crumbles about this. I mentioned that under the DMCA, it was illegal to make a copy of "Command and Conquer" because it was protected by Safedisc, yet the EULA specifically stipulates that it is okay to copy it for backup or archival purposes. That's right, boys and girls, either way, you're fucked. He didn't even believe it. I had to show him in the EULA.
Oh but it gets better. If I BUY a CD, but choose to make a copy of it for my car, for my personal use...sorry, illegal.
If I play a CD at a party and the record company decides I should pay them royalties, then it was illegal.
If the record company decides I am doing something illegal (still under the DMCA), they can basically wreak vigilante justice on me, such as hack my ass, sue, etc, and I am powerless to stop it.
If a new copy protection scheme comes out, EVEN DISCOVERING ON MY OWN how to circumvent it is illegal. That's right..the mere act of researching how to defeat it or even stumbling across it is illegal.
...then telling you how to defeat it... oh that's really illegal.
This act also gives them the power to take certain measures to protect their rights, such as a CD that automatically installs (sans user invervention) a program (or WORM as other similar programs are called) onto my computer without my permission that stops the CD from being played if it was copied. Finding the program and unstalling it on my computer? Illegal.
Then there are the EULAs...
A little while back, a bug in Applie's iTunes software caused entire hard disk to be wiped out on subscriber machines. Unfortunately, there was nothing they could do about it because Apple had inserted a stipulation into it's EULA that idenmified them from any damage resulting from their shitty coding.
Think this problem is isolated? Nope. It's all pretty standard in any EULA. It's basically the equivelant of car makers making you sign a form when you buy a car that prevents your family from suing you if you know about a flaw, do nothing, then the car explodes. EULAs basically protect the company from their own negligence.
Making a web site in Front Page? Thinking about putting a "Made by Frontpage" banner on it? Didn't check to make sure that Frontpage didn't put it's name into any meta tags? Well, fine, but make sure you didn't say anything nasty about Microsoft on those pages. Yep, under FrontPage's EULA, you can't trash Microsoft on any web site you create with their products.
What's worse is the ridiculous one sided nature of EULAs. Most (and I am talking 90%+) of EULAs state that:
1. You do not own the software you paid good money for. The company merely is licensing you to use it. That company may command you to stop using it at any time, or decide you need to pay more to use it, again, at any time.
2. The software may be copied for archival purposes. Yet, if you do it, they can nail you under the DMCA.
3. If you do not agree with the terms of the license, you must take the software back to the place of purchase for a refund (at which point the place of purchase will refuse the refund because you had to open the box to get to reading the EULA).
4. The vendor is not responsible for any way their software fucks your computer, risks your personal information, or in any other way makes it seem like virtual anal from Christopher Lowell.
5. Finally (my favorite), the vendor may change the terms of this license at any time, without notice, and you are continually bound to the evolving contract. This makes it a contract of adhesion (english: Take it or leave it, fucker).
It's too bad that the software companies will probably never change, and technology moves way too fast for the government to keep up. It's because of these reasons that these IP owners, such as the music industry, the software industry, movies, etc will continue to be able to line the pockets of polititions and step on our rights. This isn't a problem that's restricted to one vendor or even a few vendors. Everyone is doing it and I fear there is no way to make them realize that we don't like it. Ignorance is bliss my ass.
Oh, and Crumbles, if you are worried about being sued under the DMCA becuase my post mentions the circumvision of copy protection, you should be. Technically, this post could be considered illegal.
This forum is frequented by techies. I'd love to hear their thoughts.