Posts by Ben Gracewood
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I think Clarke's principles are an excellent starting point.
I'm unsure, but do they need modification to make sure that they cover non-entertainment content, e.g. the diagnostic information that your car's computer can emit? Already the spectre of the DMCA is looming over this in the US. Mechanics are balking at expensive 'subscriptions' required to keep up to date with diagnostic codes, but are scared to use 3rd party tools because of the circumvention aspect.
Do we need to be explicit that 'content' one legally owns includes content created/emitted by devices that one legally owns?
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Clarke, I think you're OK with the shift key, because you're not defeating a TPM for commercial reasons?
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Arrrgh godammit. So obviously my email to Judith just went straight into the spam folder? Or she doesn't give a crap?
Or perhaps she's got lifetime free downloads from the iTunes store as a kickback?
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Interesting. Expect to see little red stickers on CDs saying "opening this CD binds you to a contract disallowing format shifting".
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I believe even Peter Jackson has felt this effect and fought it, and hence New Line wants nothing to do with him (see: The Hobbit).
Like the recording labels, New Line will bill any and every cost that it can possibly manage to justify as a cost of making the film, so that any 'profit share' is minimised. And this includes costs paid to subsidiary companies if I understand correctly.
The classic example in recording contracts is the label taking the artist out for dinner and drinks, then expensing that against the album production cost.
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Ben, you see that the RIAA wants artist royalties lowered, then you understand that the life + 50 has absolutely zero to do with the creator, his/her rights, or even probably the value of the content. It's all about guaranteed revenue streams for the RIAA and publishers.
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Well hey, if we can have zombie musicians campaigning for copyright extension, perhaps this DMCA thing is not so bad after all?
Anything for the zombies.
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Additionally, how much does this (anti-circumvention) have to do with forays into free-trade with the USA? Or the WIPO Copyright Treaty of 1996 (which I can't see New Zealand joining because doesn't Article 12 effectively ban multi-region players)?
Or am I getting too tinfoil-beanie for my own good?
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Thanks Russell. Your historical overview makes very interesting reading. I'd like to know who or what was involved in the slow but steady policy shift from "it's not our place to prevent circumvention" to the current heavy-handed anti-circumvention position. Could it perchance have anything to do with the emergent digital music market?
A lot of people seem to think this only affects music. But it really scares me the way the DMCA has been applied in the USA. Basically any company can arbitrarily decide that its 'content' is worthy of 'protection', and woe betide anyone that believes they have a right to access that 'content'.
The proposed amendments appear to make provision for circumvention to allow 'permitted' uses, but you better believe that the onus will be on the user to prove 'permission' against a cluster of corporate lawyers.
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Although one glaring red alert was that the format shifting will expire after 2 years, unless renewed. [Clause 44, new 81 (3)]
Man that is so pathetic. I had no idea the music biz was so influential in New Zealand. They obviously have Judith in their pocket.