[00:01.380 --> 00:03.220]  Oh, he wants me to talk more for an audio level?
[00:09.980 --> 00:13.080]  Alright, we're live on tape from New York.
[00:15.760 --> 00:19.080]  Alright, welcome to the third day of The Last HOPE.
[00:25.530 --> 00:30.910]  I don't have any announcements, but I know those are the best part of the show, aren't they?
[00:32.270 --> 00:38.630]  Oh, the radio exam starts right now until 1 o'clock, but it doesn't take all three hours, does it, Greg?
[00:39.990 --> 00:40.410]  No.
[00:40.410 --> 00:46.710]  Right, it takes about ten minutes and then you fail it, and then you walk out and say, I'll never be a ham, I'll never be a ham.
[00:48.070 --> 00:52.410]  But that is on the sixth floor, if you want to go take that exam, why not try?
[00:53.110 --> 00:59.130]  Just fill in C on every one and see what happens, and then be a really bad ham operator.
[01:02.290 --> 01:06.630]  But there are people that have studied for it, so why not go try it out?
[01:08.370 --> 01:24.490]  The Digital Millennium Copyright Act seems to be brought up at a lot of the HOPE conferences, particularly because Emanuel Goldstein fought almost all the way to the Supreme Court against a ridiculous DMCA ruling.
[01:24.490 --> 01:32.230]  In the days of the Bush administration, a lot of people forget that it was our good buddy Clinton that signed this thing into law.
[01:33.050 --> 01:38.230]  So hopefully that keeps some perspective on the differences between the Democrats and the Republicans at times.
[01:38.230 --> 01:42.590]  The DMCA has been tough for a lot of people.
[01:43.310 --> 01:56.590]  And to discuss some of the cases and the effects on creativity and digital culture is Marsha Wilbur, who flew in all the way from Phoenix this morning to talk to you guys about it.
[01:56.670 --> 01:57.010]  Marsha.
[02:09.700 --> 02:10.380]  Hi.
[02:11.040 --> 02:11.440]  Okay.
[02:11.640 --> 02:12.460]  Yeah, I'm shorter.
[02:12.880 --> 02:13.860]  How you doing?
[02:14.720 --> 02:16.500]  Okay, I'm here to talk to you about the DMCA.
[02:18.400 --> 02:22.580]  So what I'm going to do is I'm going to give you a brief overview of copyright, if that doesn't put you to sleep.
[02:23.580 --> 02:27.220]  Then we'll get into what is the DMCA, some of the key areas, cases.
[02:28.380 --> 02:35.800]  And I want to talk about notifications and counter-notifications because I think it's very important that people realize you can counter-notify.
[02:35.800 --> 02:41.360]  Some people didn't even realize that's an option when I, you know, emailed them, talked to them.
[02:41.760 --> 02:46.080]  So I'm going to show you how to fill out a counter-notification.
[02:47.900 --> 02:49.340]  So what is the DMCA?
[02:49.940 --> 02:57.720]  Well, as we just heard, it was passed in 1998 and it's an amendment to the Copyright Act.
[02:59.460 --> 03:00.560]  What is copyright?
[03:00.560 --> 03:00.700]  Copyright.
[03:01.180 --> 03:06.620]  Well, copyright is for the protection of original works and expression.
[03:08.440 --> 03:15.520]  What happened was copyright was for a limited amount of time until I believe the Sonny Bono Act came about.
[03:16.080 --> 03:20.080]  Now copyright, whatever you write down, it's copywritten.
[03:20.320 --> 03:22.320]  It's, you don't need to register it.
[03:22.440 --> 03:25.080]  You don't have to send it to the copyright office.
[03:25.080 --> 03:26.420]  It's considered copyright.
[03:28.360 --> 03:33.100]  It was directed to promote the progression of the arts and sciences.
[03:33.740 --> 03:40.420]  And a lot of things that we've seen is that it's actually inhibiting the arts and sciences.
[03:40.580 --> 03:41.540]  But how do you prove that?
[03:44.760 --> 03:48.580]  It was originally, it was previously known as the act for the encouragement of learning.
[03:48.860 --> 03:51.900]  But does it restrict the encouragement of learning today?
[03:55.000 --> 03:56.560]  Alright, so who owns the copyright?
[03:57.420 --> 04:00.060]  The creator of the copyright, the joint creators.
[04:00.420 --> 04:05.720]  If you do a work for hire situation, your employer can own the copyright, agencies.
[04:09.060 --> 04:12.460]  Okay, so I don't know if you've heard of public domain.
[04:13.760 --> 04:17.660]  But that's where materials are accessible.
[04:18.280 --> 04:20.200]  They're free to use, download.
[04:21.560 --> 04:23.820]  Government documents are considered public domain.
[04:26.540 --> 04:28.140]  And then there's orphan works.
[04:28.680 --> 04:31.380]  You're looking for the person who owns the document.
[04:31.660 --> 04:33.300]  You can't find that person.
[04:33.480 --> 04:34.420]  So what happens?
[04:34.700 --> 04:38.320]  You try to use the document and then all of a sudden the owner appears.
[04:38.600 --> 04:39.920]  What do you do in that situation?
[04:40.740 --> 04:41.840]  That's a tough one.
[04:42.020 --> 04:47.140]  So a lot of times people, they don't want to use orphan works because they're afraid.
[04:51.470 --> 04:53.310]  The four factors of fair use.
[04:58.920 --> 05:02.940]  Well, they're supposed to be fair use, but these are the four factors.
[05:03.300 --> 05:05.280]  It can't damage the market for the owner.
[05:05.820 --> 05:10.340]  It depends what portion of the work you use and why you're using the work.
[05:11.560 --> 05:14.120]  And the nature of the copyrighted work is considered.
[05:16.540 --> 05:18.320]  Oh, I'm going backwards, I'm sorry.
[05:19.920 --> 05:23.760]  I was telling Greg earlier, I'm not used to addressing an audience without picket signs.
[05:23.780 --> 05:25.260]  So please bear with me.
[05:27.220 --> 05:32.200]  Maybe I should tell you a little bit more about myself before I go on with the boring origins of copyright.
[05:35.280 --> 05:39.200]  I have done an internship with the Free Software Foundation.
[05:39.200 --> 05:41.520]  I was part of the digital speech project.
[05:43.040 --> 05:44.420]  I was a committee member there.
[05:44.880 --> 05:52.700]  I've worked with Daniel Orr on drafting the EFF DMCA frequently asked questions.
[05:53.900 --> 05:58.840]  I attended the first DMCA protest with Serge there.
[06:01.080 --> 06:07.100]  I've been to rallies and, you know, pretty much I've followed copyright as my little hobby.
[06:08.340 --> 06:11.500]  And so, I'm not a lawyer.
[06:11.880 --> 06:12.680]  I-N-L-A.
[06:15.700 --> 06:20.620]  So, this is just kind of new to me.
[06:21.600 --> 06:26.780]  At any rate, copyright was implemented for censorship reasons.
[06:26.780 --> 06:33.020]  Which is interesting because today it's being used, I believe, for censorship.
[06:37.100 --> 06:44.020]  In 1946, the United States copyright law only had 11,550 words.
[06:44.320 --> 06:52.900]  And as you can see, by the year 2000, we have almost over ten times as much with 124,320 words.
[06:53.060 --> 06:56.260]  No, I did not read every single word and count them.
[07:00.120 --> 07:01.980]  Yeah, that's copyright laws.
[07:05.040 --> 07:07.780]  There are other laws regarding copyright.
[07:08.100 --> 07:09.780]  The Audio Home Recording Act.
[07:10.160 --> 07:15.840]  And other computing laws that we believe the DMCA conflicts with.
[07:17.320 --> 07:20.000]  For instance, you have the Communication Act of 1934.
[07:20.000 --> 07:29.360]  This was an interesting case with Charter Communications where the RIAA requested some subpoenas, about 150 of them.
[07:29.620 --> 07:33.140]  Or, you know, to get information on the users.
[07:33.620 --> 07:40.230]  Well, actually, the DMCA subpoena section conflicted with the Communications Act of 1934.
[07:41.290 --> 07:43.710]  And they did not get those subpoenas.
[07:44.890 --> 07:47.250]  It also conflicts with the First Amendment.
[07:47.710 --> 07:49.570]  Free speech and rights.
[07:50.710 --> 07:52.590]  And the TEACH Act.
[07:52.850 --> 07:55.490]  Because the DMCA doesn't allow digitizing analog.
[07:56.050 --> 07:59.270]  But the TEACH Act allows a limited amount.
[07:59.890 --> 08:03.730]  The TEACH Act is the Technology Education and Copyright Harmonization Act.
[08:03.730 --> 08:07.090]  Mostly used for distance education.
[08:09.930 --> 08:10.650]  Whoops.
[08:12.350 --> 08:13.790]  Anti-circumvention.
[08:14.170 --> 08:15.470]  Copyright and fair use.
[08:15.670 --> 08:16.310]  Derivative works.
[08:16.770 --> 08:17.410]  Safe harbor.
[08:17.670 --> 08:18.470]  These are all areas.
[08:18.690 --> 08:19.450]  Reverse engineering.
[08:20.770 --> 08:21.230]  Okay.
[08:22.090 --> 08:27.110]  No person shall circumvent a technological measure that effectively controls access to a work.
[08:28.430 --> 08:30.590]  So what can be considered a protected work?
[08:33.030 --> 08:34.070]  Literary works.
[08:36.470 --> 08:37.050]  Music.
[08:40.630 --> 08:41.210]  Drama.
[08:41.690 --> 08:42.270]  Pantomimes.
[08:43.270 --> 08:43.850]  Graphics.
[08:44.510 --> 08:45.190]  Motion pictures.
[08:45.390 --> 08:45.950]  And sound recordings.
[08:47.470 --> 08:49.070]  Oh, architectural designs.
[08:55.730 --> 09:03.210]  So this means no one can manufacture, import, offer to the public, provide traffic in any product, service, technology or device or component thereof.
[09:07.560 --> 09:12.060]  A technological measure effectively controls access to a work if the measure...
[09:12.980 --> 09:14.080]  Well, you can read that.
[09:14.200 --> 09:18.580]  In the ordinary course of its operation requires an application of information, process, treatment.
[09:20.220 --> 09:20.760]  Okay.
[09:20.760 --> 09:23.760]  So to circumvent a technological measure is...
[09:24.540 --> 09:25.020]  Descramble.
[09:25.820 --> 09:26.700]  Decrypt.
[09:28.160 --> 09:29.040]  Avoid.
[09:29.500 --> 09:29.960]  Bypass.
[09:30.320 --> 09:30.540]  Remove.
[09:30.860 --> 09:31.500]  Deactivate.
[09:31.620 --> 09:32.020]  Impair.
[09:32.200 --> 09:36.500]  A technological measure without the authority of a copyright owner.
[09:36.500 --> 09:38.700]  But what is technology?
[09:39.640 --> 09:42.380]  A wooden spoon can be seen as technology.
[09:43.690 --> 09:47.920]  Technology can be anything that makes our lives better.
[09:48.240 --> 09:48.960]  Paper.
[09:49.760 --> 09:50.560]  Trains.
[09:52.440 --> 09:56.060]  In the spoon example, the spoon is an extension of our arms so we don't burn ourselves.
[10:00.560 --> 10:02.920]  So, now I'm going to move on to some of the cases.
[10:04.420 --> 10:07.780]  With DeCSS, several suits were filed.
[10:09.120 --> 10:13.080]  Maybe I can get into how I got involved in this DeCSS thing.
[10:13.080 --> 10:16.660]  First went to the 2600 site to see how Kevin was doing.
[10:16.940 --> 10:17.800]  The Free Kevin campaign.
[10:18.440 --> 10:20.800]  When I saw this OpenDVD.org.
[10:21.120 --> 10:22.660]  And I said, oh, what's this?
[10:23.160 --> 10:25.180]  And I learned a little bit more about it.
[10:26.060 --> 10:27.300]  Joined a couple of lists.
[10:27.760 --> 10:32.380]  The Berkman Center had a list for DVD, DeCSS.
[10:35.060 --> 10:36.660]  And it went on from there.
[10:36.900 --> 10:44.340]  But the suits that were filed were against 2600 Connecticut, which was Jeremy Hughes.
[10:44.520 --> 10:44.820]  I don't know.
[10:45.980 --> 10:53.900]  He told me he's trying to go on the Internet and become a little bit more anonymous so he can get a real job.
[10:56.260 --> 10:59.840]  72 individuals and websites claiming CSS as a trade secret.
[11:00.500 --> 11:01.520]  And, of course, Jon Johansen.
[11:04.660 --> 11:06.340]  Do you all know what DeCSS is?
[11:06.460 --> 11:07.500]  Do I really need to get into this?
[11:07.680 --> 11:09.760]  Because I think, you know, do you know?
[11:09.920 --> 11:10.000]  No?
[11:10.260 --> 11:10.420]  Yeah?
[11:10.820 --> 11:11.580]  Raise your hands.
[11:11.580 --> 11:13.000]  Who knows what DeCSS was?
[11:13.600 --> 11:13.740]  Okay.
[11:14.000 --> 11:14.560]  Let's go on.
[11:20.840 --> 11:21.340]  DeCSS?
[11:22.680 --> 11:23.280]  Let's see.
[11:23.440 --> 11:24.340]  It was...
[11:24.340 --> 11:24.680]  Hold on.
[11:25.780 --> 11:27.100]  It's a CSS descrambler.
[11:27.960 --> 11:29.820]  So how do you say it?
[11:30.980 --> 11:31.540]  I remember.
[11:32.080 --> 11:32.340]  Okay.
[11:32.540 --> 11:32.840]  You remember?
[11:33.040 --> 11:33.260]  Okay.
[11:36.660 --> 11:38.900]  So the challenge was there wasn't jurisdiction.
[11:39.260 --> 11:40.480]  DeCSS didn't circumvent.
[11:40.480 --> 11:41.780]  It was in one of the exceptions.
[11:41.780 --> 11:44.140]  And the 1201 was unconstitutional.
[11:45.280 --> 11:46.380]  Here's our results.
[11:47.020 --> 11:50.080]  Jon Johansen was cleared of charges in January of 2003.
[11:52.360 --> 11:56.460]  2600 lost, appealed, lost, and decided not to go on to the Supreme Court.
[11:57.480 --> 11:59.520]  There were protests and mirrors.
[12:00.580 --> 12:02.700]  DeCSS was everywhere at that point.
[12:02.700 --> 12:05.320]  We really did have a positive outcome.
[12:07.560 --> 12:08.820]  In the DVD...
[12:08.820 --> 12:10.600]  Oh, I'm sorry.
[12:10.760 --> 12:12.600]  DVD CCA versus Bunner.
[12:14.920 --> 12:19.500]  The California Supreme Court dismissed the claims.
[12:20.420 --> 12:20.860]  Because...
[12:21.300 --> 12:24.500]  It wasn't a trade secret because DeCSS was available.
[12:25.280 --> 12:25.980]  So...
[12:25.980 --> 12:26.420]  Anyone?
[12:26.720 --> 12:26.960]  Everyone?
[12:27.220 --> 12:27.840]  Thanks for sharing.
[12:28.480 --> 12:29.640]  We appreciate it.
[12:31.500 --> 12:37.400]  In the Pavlovich case, it was dismissed based on jurisdiction.
[12:37.800 --> 12:39.200]  Pavlovich lived in Texas.
[12:39.620 --> 12:42.420]  They filed the paperwork in California.
[12:43.300 --> 12:46.740]  It really was a landmark case for jurisdiction rules in the Internet.
[12:47.200 --> 12:51.080]  So that's another good outcome that came about because of this.
[12:52.880 --> 12:59.740]  And from the 2600 site, it says, People the world over know now about...
[12:59.740 --> 13:01.220]  Or know all about the DMCA.
[13:01.540 --> 13:03.240]  And are committed to overturning it.
[13:03.420 --> 13:07.500]  The amount of education that has occurred in the last two and a half years is simply phenomenal.
[13:08.020 --> 13:10.580]  There are many other combatants now in the fight.
[13:10.820 --> 13:12.100]  And we will never...
[13:12.100 --> 13:15.300]  We have never been more convinced that we will ultimately prevail.
[13:19.610 --> 13:22.030]  In the year 2000, we had a protest.
[13:22.970 --> 13:25.250]  And people didn't know what the DMCA was.
[13:25.850 --> 13:26.290]  Today...
[13:26.290 --> 13:27.110]  People...
[13:27.110 --> 13:27.870]  They know about it.
[13:27.950 --> 13:28.630]  They've heard about it.
[13:28.770 --> 13:30.370]  Some people don't have correct information.
[13:31.430 --> 13:31.870]  But...
[13:31.870 --> 13:33.110]  At least they know about it.
[13:33.230 --> 13:33.790]  And they're...
[13:33.790 --> 13:34.470]  They don't like it.
[13:34.610 --> 13:36.110]  And they're doing something about it.
[13:38.510 --> 13:40.550]  So we have some pictures from the first protest.
[13:41.210 --> 13:43.050]  This is David Nimi...
[13:43.050 --> 13:43.770]  I think...
[13:43.770 --> 13:44.930]  How do you pronounce his name?
[13:45.210 --> 13:45.650]  Nimi?
[13:46.230 --> 13:46.670]  Nimi.
[13:46.670 --> 13:49.150]  He's the organizer for the first protest.
[13:50.410 --> 13:50.850]  Um...
[13:50.850 --> 13:52.130]  This was held in Washington, D.C.
[13:55.690 --> 13:57.890]  It was a little slow going at first, but...
[13:57.890 --> 13:58.930]  Some more people showed up.
[14:01.150 --> 14:01.590]  And...
[14:02.130 --> 14:02.570]  Oh...
[14:02.570 --> 14:03.490]  Should have changed that title.
[14:04.390 --> 14:05.270]  And there's...
[14:05.270 --> 14:05.970]  Timothy Lord.
[14:06.910 --> 14:07.910]  Some other people...
[14:07.910 --> 14:09.210]  Talking to people about the DMCA.
[14:10.190 --> 14:10.450]  Okay.
[14:11.170 --> 14:13.570]  So let's talk about items that can be used for circumvention.
[14:14.570 --> 14:17.410]  Which of the following items is not considered...
[14:17.410 --> 14:18.990]  Considered a circumvention device?
[14:20.470 --> 14:21.630]  A shift key?
[14:22.670 --> 14:24.070]  A magic marker?
[14:25.970 --> 14:27.330]  A staple remover?
[14:28.370 --> 14:29.590]  How about a screwdriver?
[14:31.970 --> 14:33.950]  There was a case with the, uh...
[14:33.950 --> 14:37.770]  Shift key where the student who...
[14:37.770 --> 14:39.770]  Bypassed, uh...
[14:39.770 --> 14:40.690]  Some DRM...
[14:40.690 --> 14:41.570]  Copy protection...
[14:42.510 --> 14:42.950]  Scheme...
[14:42.950 --> 14:43.950]  Used a shift key.
[14:44.290 --> 14:45.970]  And he actually received a DMCA notification.
[14:46.090 --> 14:48.250]  Which was later...
[14:48.250 --> 14:48.570]  Revoked.
[14:48.870 --> 14:50.170]  What did he do with the shift?
[14:51.070 --> 14:51.510]  Uh...
[14:51.510 --> 14:51.670]  He...
[14:51.670 --> 14:51.970]  I don't know.
[14:52.090 --> 14:54.530]  He used the shift key to bypass...
[14:54.530 --> 14:54.830]  The...
[14:54.830 --> 14:54.950]  He pressed it.
[14:55.050 --> 14:55.990]  Yeah, he pressed it.
[14:58.110 --> 14:59.110]  That's a good answer.
[15:04.200 --> 15:04.940]  Bypassed auto run?
[15:06.660 --> 15:07.080]  Okay.
[15:10.020 --> 15:10.760]  Is that...
[15:10.760 --> 15:13.140]  Is that really considered a violation of law?
[15:13.340 --> 15:13.600]  I...
[15:13.600 --> 15:13.800]  I...
[15:13.800 --> 15:14.500]  I didn't know that.
[15:17.850 --> 15:19.850]  Other cases we have are, uh..
[15:19.850 --> 15:20.670]  Dmitry Sklyarov.
[15:20.850 --> 15:21.690]  The Russian cryptographer.
[15:22.690 --> 15:23.190]  Um...
[15:23.190 --> 15:24.650]  I'm gonna talk to you today about...
[15:24.650 --> 15:26.170]  The Elite Speak trailer.
[15:26.610 --> 15:27.210]  And Star Wars.
[15:27.790 --> 15:28.350]  Charter.
[15:28.510 --> 15:29.710]  And actually I'm gonna go in...
[15:29.710 --> 15:31.130]  I'm not gonna go into Diebold.
[15:31.530 --> 15:32.690]  I'm gonna go into Verizon.
[15:33.670 --> 15:34.230]  Um...
[15:34.230 --> 15:35.090]  The Usher case.
[15:35.530 --> 15:36.090]  Walmart.
[15:36.250 --> 15:36.990]  Fat Wallet.
[15:37.210 --> 15:37.790]  Game Spy.
[15:38.090 --> 15:38.430]  And YouTube.
[15:39.170 --> 15:40.510]  There are so many cases now.
[15:44.910 --> 15:45.470]  Um...
[15:45.470 --> 15:46.070]  You can go in there.
[15:46.330 --> 15:46.530]  You...
[15:46.530 --> 15:48.890]  There are so many cases to keep up with.
[15:49.190 --> 15:49.730]  It's...
[15:49.730 --> 15:50.230]  Unbelievable.
[15:53.170 --> 15:53.710]  So...
[15:53.710 --> 15:54.770]  In Dmitry's case.
[15:55.070 --> 15:56.650]  He bypassed Route 13.
[16:03.040 --> 16:07.120]  I don't know who the programmer was who told Adobe that this was a good encryption.
[16:07.580 --> 16:09.680]  And how much he got paid for that.
[16:11.720 --> 16:12.260]  But...
[16:13.060 --> 16:15.200]  I would have liked to have been on that payroll.
[16:18.020 --> 16:20.000]  He worked at ElcomSoft in Russia.
[16:20.140 --> 16:22.700]  He gave a presentation at DEFCON and he was arrested.
[16:25.380 --> 16:26.660]  There was a lot...
[16:26.660 --> 16:27.520]  There were a lot of protests.
[16:27.800 --> 16:28.320]  I mean...
[16:28.320 --> 16:29.200]  There were protests...
[16:30.220 --> 16:31.100]  Even in Russia.
[16:31.360 --> 16:32.880]  There were protests in...
[16:32.880 --> 16:38.780]  California, New Mexico, Arizona, Texas, New York.
[16:38.980 --> 16:39.420]  All over.
[16:40.900 --> 16:41.380]  Uh...
[16:41.380 --> 16:45.180]  At first the EFF was saying that they were hoping to get some kind of negotiations going.
[16:45.180 --> 16:45.660]  with Adobe.
[16:46.040 --> 16:49.320]  But actually, it was the FBI who had arrested Dmitry.
[16:49.440 --> 16:55.340]  And at that point, we really didn't believe that Adobe had any say in what was going to happen.
[16:55.520 --> 16:57.340]  So, we continued with our protests.
[17:01.060 --> 17:02.240]  So, what happened?
[17:02.540 --> 17:07.320]  The charges were he was arrested for distribution of a product that circumvents copy protection.
[17:07.320 --> 17:10.220]  And eventually, the charges were dropped.
[17:17.500 --> 17:19.840]  I hope I have the right presentation here.
[17:21.280 --> 17:21.980]  All right.
[17:22.120 --> 17:23.460]  So, we have Elite Speak trailer.
[17:24.440 --> 17:25.040]  Lucasfilm.
[17:25.320 --> 17:31.220]  George Lucas does not want you to use anything having to do with Star Wars.
[17:31.620 --> 17:34.200]  You will receive a DMCA notification.
[17:35.200 --> 17:39.400]  It's unbelievable how many people that I've seen receive Lucas...
[17:39.400 --> 17:43.480]  I mean, Scientology would be like the one above Lucas.
[17:45.260 --> 17:53.360]  But at any rate, in the fashion of George Lucas, Mark received a DMCA notification for his Elite Speak trailer.
[17:53.720 --> 17:57.360]  Which I believe you can look at at YouTube if you go to that site.
[17:57.980 --> 17:59.200]  It's kind of funny.
[18:02.980 --> 18:10.920]  So, from his account was... he was... he found out about the C&D when his service was suspended.
[18:11.200 --> 18:13.260]  Which is really nice because now your service is suspended.
[18:13.720 --> 18:16.260]  You get a... you find out, oh, you had a DMCA notification.
[18:16.900 --> 18:17.800]  What do I do?
[18:18.000 --> 18:19.560]  I want my service back, right?
[18:20.140 --> 18:21.160]  I need that.
[18:21.440 --> 18:26.380]  So, what he did was he told the host that he'd remove all the questionable materials.
[18:27.180 --> 18:31.320]  And he also sent a response to Lucas, but he never heard from them.
[18:32.620 --> 18:33.260]  Oh, yeah.
[18:33.360 --> 18:34.060]  The Core AVC.
[18:34.180 --> 18:35.220]  I wanted to talk to you about this.
[18:36.200 --> 18:37.820]  This was a more recent case.
[18:38.440 --> 18:44.120]  Where Alan Nisoda... he... he was... he had a project.
[18:44.480 --> 18:48.160]  What he did was he created patches so people could use Core AVC on Linux.
[18:51.280 --> 18:56.360]  And... basically... he posted his, you know, patches and his information to the Emperor.
[18:56.360 --> 18:56.940]  N player list.
[18:57.980 --> 18:58.420]  Oh.
[18:58.680 --> 18:59.520]  I'm going back again.
[19:01.180 --> 19:07.860]  So, he was hoping that, you know, N player would pick it up, put it in the code, you know.
[19:09.480 --> 19:10.920]  But, um... they never did.
[19:11.060 --> 19:11.940]  He kept working on it.
[19:12.120 --> 19:17.400]  And there was a guy in the list called Betaboy who he believes worked for Core AVC.
[19:18.380 --> 19:21.040]  So, you know, he made patches to new versions.
[19:21.620 --> 19:23.800]  They didn't add his patches to the code base.
[19:24.000 --> 19:27.040]  So, he started the Core AVC for Linux on Google.
[19:28.240 --> 19:33.640]  And it included, you know, patches and loader code.
[19:35.500 --> 19:37.780]  So, eventually he wanted a 64-bit.
[19:37.940 --> 19:39.080]  He wrote a server app for that.
[19:39.880 --> 19:48.540]  He was in the middle of creating a patch for the new 1.7 when he received a project takedown from Google.
[19:49.680 --> 19:57.620]  Basically, this notification said that he had Core AVC on his website, which he did not, according to him.
[20:00.840 --> 20:10.940]  So, all he had on there was the Core AVC for Linux, which was code from N player, anything under the GPL, and it was distributed appropriately.
[20:10.940 --> 20:20.500]  He actually said that he encouraged people to buy the full version of Core AVC because he thought for the $15 that they got, it was a good deal.
[20:20.700 --> 20:24.540]  And he wrote his patches to go with that.
[20:25.080 --> 20:27.040]  So, he said Google was really helpful.
[20:28.980 --> 20:30.860]  Google receives a lot of C&Ds.
[20:32.240 --> 20:33.200]  They were helpful.
[20:33.520 --> 20:34.720]  They advised him of his rights.
[20:34.720 --> 20:40.560]  They put his notification on Chilling Effects and allowed him to verify the content.
[20:41.480 --> 20:44.020]  Have any of you heard of Chilling Effects?
[20:44.720 --> 20:45.880]  How many have heard?
[20:46.040 --> 20:46.280]  Yeah?
[20:46.840 --> 20:51.380]  It's a really good repository for information on the DMCA and copyright.
[20:51.760 --> 20:54.900]  It was started by Wendy Seltzer, who...
[20:54.900 --> 20:58.240]  I don't know if she still works for the EFF, but I know she's a professor now.
[21:00.340 --> 21:11.640]  It's a really... if you're interested in copyright law or even like domain names, any kind of law regarding computing, it's a really good site to go to.
[21:12.680 --> 21:18.080]  At any rate, Google recommended that he filed a counterclaim, but he decided not to.
[21:18.500 --> 21:24.100]  He found out from the mailing list that there was maybe an interest in negotiating with Core AVC.
[21:25.860 --> 21:33.280]  And their two complaints were that he used the trademark, which is not a DMCA issue, and that he reverse engineered.
[21:35.400 --> 21:41.000]  So, in his understanding, reverse engineering for the purpose of interoperability was okay.
[21:42.880 --> 21:49.260]  Basically, he ended up signing a request to Core AVC to reverse engineer and use their trademark.
[21:49.280 --> 21:53.040]  It was granted, and in this case, there was a positive outcome.
[21:58.010 --> 22:00.670]  Circumvention is usually required for reverse engineering.
[22:01.090 --> 22:07.370]  And it prevents reverse engineering of measures that control copyright... control access to copyrighted work.
[22:07.550 --> 22:09.290]  But there's an exception now.
[22:10.890 --> 22:13.110]  Computer programs... oh, I'm sorry.
[22:17.930 --> 22:28.030]  Okay, in order to reverse engineer a program, in most cases, you would need to circumvent or bypass some kind of protection...
[22:28.030 --> 22:29.970]  that they've put in there.
[22:37.400 --> 22:41.960]  Computer programs can be reverse engineered if you lawfully obtain the program.
[22:43.620 --> 22:48.900]  So, you can't pirate a program and then ask for permission to reverse engineer it.
[22:49.040 --> 22:50.440]  It's just not going to be good.
[22:53.860 --> 22:57.110]  Engineer... the reverse engineer seeks permission from the copyright owner.
[22:57.110 --> 23:00.780]  What I thought was interesting about this was it says seeks permission.
[23:01.240 --> 23:06.720]  It doesn't actually say granted, but, you know, we're thinking maybe that's part of it.
[23:07.610 --> 23:11.160]  You use the results to create an interoperable computer program.
[23:11.260 --> 23:13.740]  You do not publish the results.
[23:18.180 --> 23:24.640]  The final program must interoperate with software and not with protected content like media.
[23:26.720 --> 23:37.140]  So, from chilling effects, reverse engineers must carefully consider their planned work, whether it fits into the exception, because this exception is far too narrow to be useful.
[23:41.710 --> 23:45.190]  Okay, so here we are again at the Charter Communications case.
[23:45.930 --> 23:47.570]  RIAA wanted the names.
[23:48.670 --> 23:49.910]  Charter went to court.
[23:49.910 --> 23:59.150]  And the result was that the RIAA cannot use pre-litigation DMCA subpoenas.
[23:59.410 --> 24:07.070]  That means if there isn't a case, they can't get a subpoena according to this decision.
[24:08.690 --> 24:09.690]  Oh, sure.
[24:12.650 --> 24:18.250]  Oh, the RIAA is the Recording Industry Association of America.
[24:18.250 --> 24:18.930]  Yeah.
[24:19.130 --> 24:20.230]  And they're the ones...
[24:21.770 --> 24:22.250]  We're...
[24:22.250 --> 24:22.490]  Yeah.
[24:22.790 --> 24:25.970]  We're using P2P services to download music or share music.
[24:27.690 --> 24:28.170]  Sure.
[24:33.530 --> 24:34.010]  Right.
[24:34.010 --> 24:36.770]  Because you can't get a subpoena unless you actually have a case.
[24:39.110 --> 24:39.590]  Oh.
[24:42.010 --> 24:42.490]  Right.
[24:42.610 --> 24:42.770]  Yeah.
[24:42.890 --> 24:43.090]  Sure.
[24:44.610 --> 24:46.250]  But if they don't know who you are,
[24:52.920 --> 25:04.860]  the pre-litigation subpoenas, well, they're being used to get information on users who are allegedly violating the copyright law.
[25:05.900 --> 25:06.820]  I shouldn't really say that.
[25:07.260 --> 25:11.360]  The users who are downloading and sharing music using peer-to-peer services.
[25:13.800 --> 25:14.320]  Because...
[25:15.700 --> 25:16.220]  Okay.
[25:16.380 --> 25:16.860]  I'll just go on.
[25:17.120 --> 25:18.560]  That's what we're taking for us.
[25:20.140 --> 25:20.960]  Oh, yeah.
[25:21.160 --> 25:22.280]  That's good for us.
[25:25.050 --> 25:30.530]  The RIAA requested the identity of one user according to the Verizon case.
[25:30.790 --> 25:31.590]  They alleged...
[25:31.590 --> 25:32.410]  Kazaa.
[25:32.670 --> 25:33.010]  Kazaa?
[25:33.230 --> 25:33.490]  Kazaa.
[25:34.530 --> 25:35.510]  Verizon refused.
[25:35.810 --> 25:38.830]  The D.C. District Court granted the subpoena.
[25:39.130 --> 25:44.650]  But the Circuit Court of Appeals agreed with Verizon and quashed it.
[25:46.770 --> 25:57.090]  So we have a case of a sysadmin working at a university here who received a C&D notice from the RIAA.
[25:58.490 --> 26:02.790]  He searches for the information because this notice is invalid.
[26:03.250 --> 26:08.510]  It does not specify what files are in violation of the DMCA.
[26:09.150 --> 26:14.430]  They really didn't need to pursue it because it's an invalid notification.
[26:14.430 --> 26:15.210]  But they did.
[26:18.090 --> 26:21.430]  It was considered a priority issue in the astronomy department.
[26:21.690 --> 26:22.410]  He searched.
[26:23.010 --> 26:23.570]  They...
[26:23.570 --> 26:24.990]  They couldn't find anything.
[26:29.180 --> 26:29.740]  He...
[26:29.740 --> 26:34.360]  I asked him how much time it took him to realize that it was Professor Usher's file, which was in question.
[26:34.660 --> 26:41.840]  And he said that he's still not sure that it was Professor Usher's content that sparked it at all.
[26:45.660 --> 26:49.920]  He says he doesn't know how the Usher reference came about it and he had never heard of Usher.
[26:52.180 --> 26:57.560]  And in his final comments he said, I realize this was a blunder on the part of the RIAA.
[26:58.880 --> 27:03.620]  The RIAA's PR person told him that a temp had made the mistake.
[27:08.550 --> 27:17.350]  Basically, what I liked about what he said was the DMCA fails when it puts enforcement in the hands of the copyright owner instead of a central governing judicial body.
[27:17.590 --> 27:24.110]  I can't imagine how much time the school spent looking for this file that wasn't even there.
[27:26.370 --> 27:36.050]  And it says the RIAA's carelessness in cases like this is a solid reason why there needs to be some form of impartial intervention before notices are sent off.
[27:36.230 --> 27:42.530]  But actually, if you get an invalid notification, you don't really have to go this far.
[27:43.270 --> 27:44.450]  But the school did.
[27:47.310 --> 27:48.530]  Here's another student.
[27:50.410 --> 27:51.290]  Daniel Papassian.
[27:51.810 --> 27:52.250]  Papassian.
[27:52.350 --> 27:53.230]  I don't know how to say his name.
[27:53.430 --> 27:56.730]  But he did a parody for his class project on the Walmart Foundation.
[27:57.630 --> 28:00.190]  And his ISP received a DMCA notification.
[28:05.850 --> 28:11.570]  I told him that I felt the fear that comes with getting a DMCA notification because I once received an invalid one myself.
[28:12.890 --> 28:14.950]  And he told me that he was scared.
[28:15.190 --> 28:21.290]  And it was only the support from the public interest lawyers and unions and the general public that made him feel okay.
[28:23.530 --> 28:27.290]  And I asked him if he thought that the site was within the bounds of fair use.
[28:27.470 --> 28:28.290]  And he said, certainly.
[28:28.490 --> 28:29.130]  It's a parody.
[28:30.610 --> 28:34.870]  It wouldn't be legal if he used the website as a model for a charity.
[28:35.330 --> 28:39.870]  But to make a social and political commentary on Walmart is speech.
[28:42.910 --> 28:44.810]  I asked him if he made a counter notification.
[28:44.930 --> 28:46.410]  He said, no, he hadn't.
[28:46.490 --> 28:48.330]  And this happens in a lot of cases.
[28:48.770 --> 28:50.590]  Counter notifications are not filed.
[28:51.410 --> 28:54.650]  He said his best advice is to publicize the cease and desist.
[28:54.650 --> 28:58.150]  And public support and attention can never hurt.
[28:58.370 --> 28:59.890]  Could you explain the counter notes?
[29:00.510 --> 29:00.850]  Oh.
[29:01.210 --> 29:01.270]  Sure.
[29:01.830 --> 29:03.270]  When you write the notes back to Walmart?
[29:03.690 --> 29:04.290]  Right.
[29:04.490 --> 29:05.010]  Exactly.
[29:05.630 --> 29:06.650]  When you...
[29:08.070 --> 29:08.670]  Okay.
[29:11.630 --> 29:16.890]  Yeah, I will have a question and answer section at the end if you can...
[29:17.590 --> 29:21.390]  If people have questions, they can come to one of the mics in the center aisle.
[29:23.190 --> 29:23.750]  After.
[29:23.990 --> 29:24.290]  After.
[29:24.290 --> 29:25.370]  Whenever the speaker would prefer.
[29:25.810 --> 29:25.990]  Right.
[29:26.590 --> 29:26.970]  Okay.
[29:27.310 --> 29:27.790]  Thanks.
[29:29.850 --> 29:34.350]  So Fat Wallet is a site where people get information on deals.
[29:34.810 --> 29:35.950]  I'm all for deals.
[29:36.230 --> 29:37.010]  I'm like...
[29:37.010 --> 29:38.470]  I do couponing.
[29:38.710 --> 29:39.890]  I call it hacking for groceries.
[29:39.890 --> 29:44.790]  I go in there with all my coupons and I can get like $100 in groceries for like $5.
[29:46.570 --> 29:51.030]  And I think in this day and age, you know, why not save money?
[29:51.210 --> 29:54.590]  So Fat Wallet is an awesome place to go to get deals.
[29:56.410 --> 30:02.690]  Well, Fat Wallet received some DMCA notifications to take down prices that were listed for Black Friday.
[30:03.170 --> 30:07.870]  Black Friday is the big sale after Thanksgiving where you can get a lot of good deals.
[30:07.870 --> 30:14.570]  And Walmart filed for a subpoena and Fat Wallet said, prices are not copyrighted.
[30:15.170 --> 30:16.290]  They're fats.
[30:16.750 --> 30:18.970]  So they went and, you know, threatened to sue.
[30:19.610 --> 30:23.830]  Walmart backed down and I believe Fat Wallet pursued Best Buy.
[30:27.540 --> 30:29.300]  Here we have a case of jurisdiction.
[30:30.840 --> 30:36.040]  GameSpy is an online multiplayer gaming service provider.
[30:36.040 --> 30:45.860]  They sent Luigi, an Italian hacker, a cease and desist letter.
[30:46.100 --> 30:50.700]  And they asked him to remove advisories, utilities and vulnerabilities.
[30:54.600 --> 31:04.220]  The C&D specifically talked about the DMCA, the Computer Fraud and Abuse Act, and the Lanham Act and trademark issues or abuse.
[31:04.680 --> 31:10.900]  But what I thought was interesting was in this notification, they listed the amount of money they wanted from Luigi.
[31:14.380 --> 31:16.500]  I'd actually like to take a look at that notification.
[31:20.410 --> 31:25.370]  I asked him if he made a counter notification, said he never heard of it.
[31:28.760 --> 31:32.400]  This is a little messed up, but...
[31:33.000 --> 31:35.100]  Is this another DMCA Violator?
[31:35.260 --> 31:42.800]  I don't know if you've seen this movie, but in this movie, Wally, well, he records audio from a movie.
[31:43.560 --> 31:49.600]  He archives it for future use, and he shares his DRM cracked music with his friend.
[31:51.180 --> 31:56.860]  He watches it on his iPod, but Hello Dolly is not available through the iTunes store.
[31:59.950 --> 32:04.090]  I got this from Jesse Willis, his website.
[32:05.470 --> 32:12.090]  President Bush, he received an iPod that had music that had the Beatles on it.
[32:13.170 --> 32:15.370]  Not available through the iTunes store.
[32:22.550 --> 32:33.710]  So I wanted to get into this second life thing, because I know Second Life has been having a lot of DMCA issues, and some people like to go in there and create spaces and clothing and whatever else.
[32:34.570 --> 32:37.710]  I've been in there a couple of times, but...
[32:37.710 --> 32:39.470]  This is from the FAQ.
[32:39.930 --> 32:44.970]  Can I sign notifications and counter notifications with my Second Life avatar name?
[32:46.190 --> 32:46.710]  No.
[32:49.410 --> 32:52.550]  These are real documents.
[32:52.550 --> 32:56.270]  You need to use your real-world name.
[32:58.950 --> 33:01.350]  Can you change the DMCA process?
[33:02.990 --> 33:05.090]  Don't I wish we could?
[33:06.170 --> 33:09.050]  But, unfortunately, no.
[33:09.430 --> 33:10.010]  They cannot.
[33:14.930 --> 33:19.090]  Now, YouTube has been in the news lately.
[33:19.330 --> 33:20.510]  A lot of people use YouTube.
[33:20.510 --> 33:24.590]  I really like YouTube because you can create your own media.
[33:25.030 --> 33:29.130]  We don't need to look at purchased media anymore.
[33:29.450 --> 33:31.170]  There are shows on there.
[33:31.930 --> 33:33.990]  Lots of interesting things.
[33:35.510 --> 33:37.510]  But YouTube received...
[33:38.890 --> 33:41.110]  Well, Viacom went to court against YouTube.
[33:41.790 --> 33:44.010]  And what happened was the motion was granted.
[33:44.430 --> 33:50.330]  All user names, IP addresses, and videos viewed were given to Viacom.
[33:53.390 --> 33:55.330]  It's a serious privacy concern.
[33:55.670 --> 33:58.110]  But the judge said it was merely speculative.
[33:59.470 --> 34:02.430]  So, I don't know what they're going to do with all that information.
[34:03.410 --> 34:05.890]  But they got it.
[34:16.350 --> 34:40.590]  So, when Sony's copy-proof protection for CDs were defeated with the magic marker, Grant Gross pointed out that CNN, routers, Yahoo, and other news sources that linked to that information were sharing the information and were actually in violation in his opinion himself.
[34:41.510 --> 34:48.430]  And in the 2600 case, the New York Times actually linked to where the DeCSS was.
[34:48.610 --> 34:50.750]  So, were they considered a violator as well?
[34:54.520 --> 34:56.930]  So, now I get back on the topic of subpoenas.
[34:57.700 --> 35:03.390]  A subpoena is a court order that must be supported by a case or controversy at the time of issuance.
[35:04.960 --> 35:13.360]  It violates privacy protection for cable subscribers and First Amendment rights.
[35:17.660 --> 35:21.080]  With reverse engineering, you have to be very careful.
[35:21.760 --> 35:23.200]  Is it reverse engineering?
[35:23.500 --> 35:24.740]  Is it design theft?
[35:25.020 --> 35:26.520]  Where is the line?
[35:31.350 --> 35:34.590]  Now, my favorite people, the DMCA agents themselves.
[35:34.590 --> 35:39.450]  Usually people who work in an organization who are told, you're our DMCA agent.
[35:41.530 --> 35:46.570]  They handle notifications, counter notifications, according to the law.
[35:46.770 --> 35:51.130]  There is a list of DMCA agents if you need to reach one for some reason.
[35:52.190 --> 35:54.370]  It's available at copyright.gov.
[35:58.300 --> 36:01.600]  So, GoDaddy, I don't know if you've heard of this service.
[36:02.380 --> 36:04.980]  It now has over 9 million domains.
[36:06.040 --> 36:08.400]  And they receive DMCA notifications.
[36:10.840 --> 36:14.920]  According to their policy, the site is taken down as soon as they get a DMCA notification.
[36:16.340 --> 36:19.720]  From what I read in the law, I didn't see anything about that.
[36:19.920 --> 36:28.420]  I did see that they have to respond by bringing the site back up within 10 to 14 days with a counter notification.
[36:30.540 --> 36:32.420]  It could be part of their agreement.
[36:32.860 --> 36:41.620]  So, when you have an agreement with an ISP or service provider, make sure you read it over to see, you know, what the stipulations are.
[36:44.520 --> 36:51.280]  He said they didn't get a lot of counter notifications because people would rather not have their sites down for any extended amount of time.
[36:51.280 --> 36:53.180]  So, they usually just comply.
[36:59.480 --> 37:03.680]  So, now we get into the notifications part of this presentation.
[37:06.060 --> 37:06.680]  Okay.
[37:07.260 --> 37:15.180]  So, the notification has to have a physical or electronic signature of a person authorized to act on behalf of the copyright owner.
[37:17.970 --> 37:20.250]  It has to identify the work.
[37:20.250 --> 37:26.830]  If there are multiple listings, you know, things that they want taken down, they can't just say, and all the rest of it.
[37:27.010 --> 37:29.850]  It has to actually be specific.
[37:37.540 --> 37:52.350]  The information has to be reasonably sufficient for the service provider to actually locate the material to determine if the content is present and to remove, disable the access to the allegedly infringing materials.
[37:55.950 --> 37:59.580]  You need to have the contact information of the person filing the notification.
[37:59.900 --> 38:02.430]  Their address, their phone number, email address.
[38:04.480 --> 38:06.620]  And they have to sign a statement of good faith.
[38:09.160 --> 38:12.080]  And a statement under penalty of perjury.
[38:13.720 --> 38:15.140]  Which is really interesting.
[38:18.750 --> 38:20.230]  Do you get a copy?
[38:20.430 --> 38:20.890]  Yes.
[38:22.750 --> 38:28.810]  If, for some reason, you were to receive a DMCA notification, you should get a copy according to the law.
[38:30.590 --> 38:36.150]  It says, the service provider must supply you with prompt notification and a chance to respond.
[38:37.530 --> 38:41.870]  So, make sure your contact information is current so you can receive that copy.
[38:44.150 --> 38:53.190]  So, here's a case of a Comcast user who received a notification from Comcast regarding BitTorrent use.
[38:53.790 --> 38:56.810]  He had a partial copy of the movie Scarface.
[38:57.410 --> 38:58.710]  What should he do?
[39:00.830 --> 39:02.190]  Reply to the email.
[39:02.910 --> 39:04.550]  Remove the partial copy.
[39:05.990 --> 39:06.950]  Counter notify.
[39:06.950 --> 39:07.030]  Counter notify.
[39:08.430 --> 39:11.710]  Send an email saying, say hello to my little friend.
[39:13.130 --> 39:13.770]  He...
[39:13.770 --> 39:15.050]  This is an actual case.
[39:15.170 --> 39:18.270]  The guy had no idea what he should do.
[39:19.790 --> 39:24.450]  Well, after three violations, apparently Comcast denies service.
[39:24.890 --> 39:27.270]  So, be sure to read your agreement you signed.
[39:28.170 --> 39:30.610]  Find alternative means to watch media.
[39:30.970 --> 39:32.910]  And don't share the partial amount.
[39:36.770 --> 39:41.710]  Another section of the DMCA that you might want to know about is misrepresentation.
[39:42.370 --> 39:51.830]  Knowing that material is not infringing and sending a DMCA notification is considered misrepresentation.
[39:52.030 --> 39:59.590]  If you get a DMCA notification and it's not valid, you counter notify and your claim is substantial.
[40:01.290 --> 40:09.390]  If the party sends you another notification on the same material, that's considered knowingly misrepresenting.
[40:09.730 --> 40:11.130]  And you could sue.
[40:11.990 --> 40:14.590]  This happened with Wendy Seltzer in the NFL.
[40:14.590 --> 40:21.250]  She posted the NFL's copyright blurb on YouTube.
[40:21.590 --> 40:24.430]  And she got a DMCA notification.
[40:24.750 --> 40:30.450]  She filed a counter notification and it was considered that that was not infringing materials.
[40:30.750 --> 40:33.870]  And the NFL sent her another notification.
[40:41.120 --> 40:44.760]  So, again, there's a case of invalid notifications.
[40:47.540 --> 40:51.020]  If the ISP sends you nothing, then you don't have to do anything.
[40:51.360 --> 40:59.640]  If the ISP sends you something and shuts down your service, then send a letter to the ISP informing them that the notification is invalid.
[40:59.640 --> 41:07.900]  Most ISPs and DMCA agents today know and realize that these are not valid and won't pursue.
[41:08.680 --> 41:11.960]  However, there could be a case where they do.
[41:14.440 --> 41:24.020]  So, your counter notification would be the letter that you send to the ISP stating that the materials are removed...
[41:24.760 --> 41:25.640]  Wait a second.
[41:26.120 --> 41:26.460]  That...
[41:26.460 --> 41:28.400]  That you...
[41:31.370 --> 41:33.590]  That you didn't do copyright infringement.
[41:35.690 --> 41:36.290]  Okay.
[41:36.990 --> 41:46.430]  So, the ISP is required to resume service within 10 to 14 business days after they receive your counter notification and it's found that you did not infringe materials.
[41:48.510 --> 41:52.210]  Unless the complainant has filed a restraining order.
[41:58.770 --> 42:02.870]  If the complainant has filed a restraining order, then the ISP's hands are tied.
[42:04.550 --> 42:15.650]  So, you need to provide in writing by fax or snail mail, which I know is really sometimes difficult to go to the post office and get a stamp and send it out.
[42:16.350 --> 42:19.250]  Your name, your phone number, your email address.
[42:19.790 --> 42:25.510]  The material alleged as infringing that was removed or is not valid.
[42:26.370 --> 42:29.250]  The reason for disabled access.
[42:31.230 --> 42:37.050]  A statement that you consent to the jurisdiction of federal court in which you live.
[42:37.250 --> 42:41.530]  If you live outside the U.S., it would be Delaware County, Pennsylvania, D.C.
[42:44.050 --> 42:48.130]  You'll accept service of process from the complainant.
[42:49.290 --> 42:55.770]  And, of course, here's another penalty of perjury statement that you'll sign.
[42:56.790 --> 43:04.870]  I swear under penalty of perjury, I have good faith belief that each image or article was removed or disabled as a result of a mistake or misidentification.
[43:06.630 --> 43:09.770]  You sign it, and you send it out.
[43:11.150 --> 43:14.310]  Chilling effects has a generated counter notification.
[43:14.750 --> 43:21.430]  So, you can go in there and you can fill out your information and it will generate one for you.
[43:24.920 --> 43:27.080]  I wanted to talk a little bit about the exemptions.
[43:29.140 --> 43:33.020]  Some of the exemptions to the DMCA include lists of Internet locations.
[43:35.520 --> 43:39.940]  This is so they can collect that information for sensorware, in my opinion.
[43:41.860 --> 43:43.960]  But it's pretty much like the phone book.
[43:44.240 --> 43:49.000]  You cannot copyright, you know, all the names and addresses in a phone book.
[43:49.200 --> 43:55.220]  You can't copyright the methods you use to organize them, but you really can't.
[43:56.160 --> 43:56.720]  You can't.
[43:56.720 --> 44:00.580]  Computer programs protected by dongles that prevent access that are obsolete.
[44:00.720 --> 44:02.700]  They are no longer being manufactured.
[44:03.160 --> 44:04.800]  You can go to town with those.
[44:06.420 --> 44:10.040]  Computer programs and video games distributed in obsolete formats.
[44:10.240 --> 44:10.740]  Have fun.
[44:15.050 --> 44:20.530]  Literary works for e-book format, which this was a really good win here for the blind.
[44:21.470 --> 44:35.450]  So, this allows that when the existing edition of the work contains access controls that prevent enabling the read aloud feature, there's an exemption to that.
[44:35.710 --> 44:38.470]  You can have fun with that.
[44:39.770 --> 44:48.930]  So, during the next three years, the prohibition against circumvention shall not apply to persons who engage in non-infringing uses.
[44:51.070 --> 44:57.730]  Audio-visual works included in the educational library of a college or university's film or media studies department.
[44:58.570 --> 45:05.430]  When the circumvention is used for the purpose of the work for education.
[45:08.590 --> 45:10.250]  Sound recordings..
[45:16.350 --> 45:17.110]  Okay.
[45:17.650 --> 45:18.230]  Are there any questions?
[45:18.230 --> 45:18.270]  Any questions?
[45:18.910 --> 45:19.430]  Sir?
[45:24.950 --> 45:25.470]  No?
[45:25.670 --> 45:26.310]  No questions?
[45:26.850 --> 45:27.970]  Oh, Serge, please.
[45:33.870 --> 45:47.010]  So, in 2003, I believe, one of the Virginia Congress people was introducing a bill that was going to create fair use exception.
[45:47.570 --> 45:51.430]  Since we can't defeat the DMCA, there's no point in attempting to repeal it.
[45:52.110 --> 45:56.850]  There'd be no support amongst the large studios.
[45:57.090 --> 45:58.370]  There'd be too much lobbying effort.
[45:58.610 --> 46:03.590]  The attempt was to create exceptions via extension of fair use.
[46:03.850 --> 46:07.810]  I haven't heard anything about that effort since then.
[46:07.990 --> 46:25.130]  I was wondering if the EFF or the FSF had any work in trying to get a coalition, not only of organizations, legal organizations, but also Google and other large ISPs who this costs real money to handle.
[46:25.370 --> 46:29.850]  I don't know if there's a coalition of people working to reintroduce that bill since that time.
[46:30.810 --> 46:34.850]  Yeah, I'm not really sure about what's going on.
[46:35.010 --> 46:44.330]  I know that although we were working on the digital speech project back in 2002-2003, it went by the wayside.
[46:44.710 --> 46:50.630]  And we were working on towards working with people from the EFF.
[46:50.910 --> 46:53.170]  Cory Doctorow was part of that project.
[46:54.050 --> 46:57.730]  And we were trying to work hand-in-hand on doing something.
[46:58.150 --> 47:04.070]  But it fell by the wayside, and I really don't know if they're doing anything these days with regard to that.
[47:04.350 --> 47:05.050]  I'm sorry.
[47:07.470 --> 47:08.710]  I had a question.
[47:09.970 --> 47:21.730]  In one of the slides when it was talking about the exemption clauses for fair use, it was very specific to film professors and colleges and universities.
[47:22.110 --> 47:32.370]  Does that mean that it doesn't apply to K-12 education and or it doesn't apply to other subject areas besides film studies, film or media studies?
[47:32.370 --> 47:37.150]  Well, I know that the TEACH Act allows a lot...
[47:38.190 --> 47:51.470]  With education, when it comes to K-12 or university, the Technology Education Copyright Harmonization Act is more specific on what can be done with regards to copyright.
[47:52.010 --> 47:56.150]  It's very good for education.
[47:56.150 --> 47:57.010]  Here's the thing.
[47:57.190 --> 47:59.670]  When you have an environment...
[47:59.670 --> 48:16.870]  I don't know if you're talking about an online learning environment or just a face-to-face classroom environment in education, but when you're using digital materials in an online environment for education, the access is supposed to be restricted to only those classroom users.
[48:17.270 --> 48:22.790]  And what happens then, how does the copyright owner even know you're using their material at that point?
[48:22.790 --> 48:28.130]  It's really up to the universities or schools to make that decision.
[48:29.210 --> 48:37.070]  With regards to using media, you can convert a certain amount of media from analog to digital.
[48:37.210 --> 48:38.590]  I think you might have misunderstood your question.
[48:38.590 --> 48:38.770]  Okay, I'm sorry.
[48:38.770 --> 48:46.070]  My question had to do with the fact that in that slide you presented, the language was very specific to university professors.
[48:46.250 --> 48:46.450]  Right.
[48:46.610 --> 48:51.030]  And specifically, professors whose subject area was film studies.
[48:51.250 --> 48:51.370]  Right.
[48:51.510 --> 48:57.670]  So, my question was, was that particular in the sense that that's who that only applies to?
[48:57.810 --> 48:57.930]  Yeah.
[48:57.930 --> 49:00.830]  As far as I can understand, it only applies to them.
[49:00.830 --> 49:06.430]  But you could have some teach... you could use the TEACH Act for your needs if you have other needs.
[49:06.650 --> 49:11.570]  But yes, it seems that according to the DMCA, that exemption is specific to those people.
[49:11.790 --> 49:11.950]  Okay.
[49:14.840 --> 49:15.220]  Thanks.
[49:16.080 --> 49:20.160]  Way before there was the DMCA, there was an organization called the Gutenberg Project.
[49:20.380 --> 49:27.140]  And what they do is they take analog books, literature, and turn them into electronic e-book text form.
[49:27.320 --> 49:27.660]  Uh-huh.
[49:27.800 --> 49:30.140]  And they're still going on today, even though there's the DMCA.
[49:30.140 --> 49:40.080]  And now that we have things like the Sony e-reader and Amazon.com's Kindle, you can now turn an entire analog library into a single electronic device.
[49:40.220 --> 49:52.780]  How does the DMCA apply to both the Gutenberg Project and an individual converting an analog paper and ink book and using a photo scanner or some other method to turn that into an e-book?
[49:52.900 --> 49:53.740]  How legal is that?
[49:54.560 --> 49:55.960]  Well, is Greg still here?
[49:58.340 --> 50:03.940]  Actually, Greg Newby, whose computer I'm using, I believe, is part of that Gutenberg Project.
[50:07.180 --> 50:08.960]  With e-books...
[50:11.380 --> 50:13.060]  Yeah, this is the problem.
[50:13.520 --> 50:14.640]  You're using it...
[50:14.640 --> 50:15.240]  Where did he go?
[50:15.740 --> 50:16.660]  Oh, okay.
[50:17.020 --> 50:18.520]  So, like, I'm trying to understand your question.
[50:18.520 --> 50:19.880]  Like, are you saying we can't...
[50:19.880 --> 50:23.920]  Can you scan a book that's copyrighted and put it in e-book format?
[50:24.140 --> 50:24.560]  Is that what...
[50:24.560 --> 50:25.460]  Is that the question?
[50:26.060 --> 50:26.940]  Yeah, pretty much.
[50:27.160 --> 50:27.960]  Okay, I'm not a lawyer.
[50:28.120 --> 50:29.520]  And so I'm not giving you advice.
[50:30.680 --> 50:31.380]  I'm just...
[50:31.380 --> 50:32.580]  But I would say...
[50:32.580 --> 50:34.020]  Yeah, that's probably not a good idea.
[50:34.280 --> 50:40.160]  I'm just confused because I'm pretty sure that's frowned upon, but I'm not understanding why Gutenberg Project is not frowned upon.
[50:40.160 --> 50:41.120]  Are they using public domain?
[50:41.700 --> 50:42.100]  Yes.
[50:42.280 --> 50:42.880]  Okay, so is that the...
[50:42.880 --> 50:48.720]  They are using public domain materials that is available to the public to use and share and have fun with.
[50:49.340 --> 50:51.480]  So, I believe that's why they can do that.
[50:51.660 --> 50:58.240]  But I know there were other projects back in the late 90s that people were scanning in entire books that were not copyrighted.
[50:59.060 --> 51:00.520]  I mean, were not public domain.
[51:00.780 --> 51:01.300]  They were copyrighted.
[51:02.420 --> 51:07.380]  And I think some of those places got into a little bit of trouble for that and are no longer in existence.
[51:08.400 --> 51:08.480]  Okay.
[51:08.540 --> 51:08.820]  Thank you.
[51:08.960 --> 51:09.260]  Thanks.
[51:10.160 --> 51:10.800]  I'm sorry.
[51:10.960 --> 51:11.940]  I can only take one more question.
[51:12.180 --> 51:12.740]  Thank you.
[51:12.860 --> 51:14.300]  It's just a real brief comment.
[51:14.860 --> 51:21.000]  The question about fair use, I actually worked for a nonprofit that studies or promotes remixes and remixers.
[51:21.200 --> 51:22.100]  It's called Remix America.
[51:22.580 --> 51:35.380]  And American University two weeks ago announced more or less the guidelines from the Center for Social Media that says fair use is anything that is non-commercial, it's transformative, and it's about political speech.
[51:35.520 --> 51:37.340]  Well, at least within the context, it is about speech.
[51:37.900 --> 51:38.200]  Right.
[51:38.200 --> 51:46.200]  And that is the definition of what is fair use and that is what's being defined right now for fair use for the individual who had that question and just for your information also.
[51:46.500 --> 51:47.040]  Oh, thank you.
[51:47.240 --> 51:47.500]  Thank you.
[51:48.420 --> 51:54.100]  Well, thanks all for bearing with me on this presentation and I hope you learned something.
[51:54.520 --> 52:00.000]  Again, if you, you know, need any information about copyright, there's always the World Wide Web.
[52:00.520 --> 52:04.280]  And hopefully you'll go to a reliable source like Chilling of Facts or the EFF.
[52:04.280 --> 52:05.200]  Thanks.
[52:10.280 --> 52:16.180]  Coming up next in this room, the intersection of culture jamming, hacking, and hacktivism in just a few moments.
[52:16.180 --> 52:16.280]  We're going to do not.
[52:22.760 --> 52:23.840]  Thank you.
[52:23.840 --> 52:25.060]  Thank you.