Why DRM is bad for everyone; Your opinion [POLL]
Posted: 16 Aug 2014 00:38
After an extensive amount of research, I have become convinced that the DMCA (Digital Millennium Copyright Acts), along with other DRM-promoting legal acts and laws, are hurting both consumers and the artists that produce the effected media. Why? I can give you several reason why. Here they are:
[*] The DMCA hurts consumers because it restricts and otherwise infringes upon their legal copyright rights to using media, such as fair use, and also free speech rights (to those that examine code to determine how DRM works).
[*] The DMCA hurts artists because it significantly decreases the amount of legal ownership they actually have over the media they created.
[*] The DMCA also hurts artists because the fact of unwarranted DRM protections, along with the inability to make legally permissible backup copies (the DMCA does not permit archiving, regular copyright law does with re-distribution, a paradox), make people less likely to purchase or otherwise view media legitimately, hurting legal media sales, decreasing royalties available to performers.
[*] The DMCA hurts technological innovation because it provides a convenient excuse to illegalise hardware that cannot be easily regulated or controlled under the terms of the DMCA; Aereo, a now-defunct attempt to provide OTA streaming of cable content to legal viewers is an example.
[*] The DMCA's takedown provisions are regularly abused; Google, Yahoo, and others listed illegitimate takedown requests as composing a significant amount, over 1/3, of their total takedown requests. This limits fair use abilities of media content.
[*] Artists have had their rights demolished under the DMCA, requiring court battles to recover their legal rights and gain penalties against companies illegally controlling their media.
I will, to the best of my ability, provide examples to illustrate the above points.
As follows:
1. The DMCA restricted legal free speech and fair use provisions in the following cases:
Lenz v. UMC (Universal Music Corporation)
Provisions violated: Fair use
Violator: UMC
Violation: Legitimate free use (a 20-second video of someone dancing to music, hardly a bona-fide attempt to copy the media)
First action: YouTube granted takedown notice; video removed from YouTube
Second Action: Lenz (the plaintiff) sued UMC for legal costs after successfully persuading YouTube to restore video; US District Judge Fogel ruled many of UMC's defenses invalid
Sony v. George Hotz
Provisions alleged violated: free speech
Alleged violator: Sony
Alleged violation: Hotz was sued under Section 1201 of the DMCA due to attempting to persuade consumers to jailbreak their PlayStation consoles.
Action: Mr. Hotz barred under injunction from ever reverse-engineering or hacking any further Sony products
2. The DMCA allowed for (temporary) illegal seizures of rights in the following known case: (covers points #2 and #6)
Defendant: Summit Entertainment LLC
Plaintiff: Artist Matt Heart
Case: The entertainment company attempted to illegally remove and violate copyright against certain media released online by Mr. Heart.
Allegation successfully made against company:
[*] Wrongful assertion of copyright violation
[*] Fraudulent assertion of copyright interest
[*] Intentional interference in contractual and business relationships
[*] Defamation (through claiming they owned the copyrights)
Result: Victory for plaintiff
3. The DMCA blocks legal fair use and archiving permissions
Found: On almost all commercial video and audio DVDs, on almost all Sony CDs; the list could just go on and on.
4. The DMCA allows for hurting of technological innovations not easily controllable by its provisions.
The case: ABC (American Broadcasting Companies) v. Aereo
Arguments against Aereo: Violation of both protocol and copyright
Initial (and current) decision: Aereo must cease all transmissions under its service.
First argument by Aereo: Its service and content are provided under a public wireless spectrum, render arguments of protocol violations moot.
Second argument by Aereo: As the court ruled they are a legally regulatable cable company, they are entitled to a mandatory copyright licence.
Current state of affairs: Court has refused to acknowledge either claim as valid.
Legal violation: Court will not rule copyright licence must be granted, despite deciding company is a cable system, in violation of copyright law and legal procedure.
5. The DMCA allows for abusive takedown of legitimately posted content with hard-to-use recourse.
The sites I mentioned all have listed, each year since about 5 years ago, the amount of takedown requests they have received, along with their validity. The amount of illegitimate takedown requests is consistently above 25 or 33%, making them a major constituent of their total takedown-request amount.
Conclusion: Based on the examples I have provided, it should be easy to see that the DMCA is a legal mechanism that has gone way too far out of any control, with ease of abuse by major media companies and conglomerations, along with individuals seeking to impinge upon legal copyright usage by means of takedown, being far too easy for any sort of comfortable situation, potentially legal or otherwise. I'm not trying to create a controversy here; this post was not created with the intention of starting a flame war, so, please, if you wish to discuss this topic, let's all keep level heads. I'm not trying to backseat moderate with that comment, it's just that on any forum, any discussion of real weight easily enough spawns flame wars. So, yes, I would be interested in hearing your opinions, but not any swearing involved, please. Also, if you can, through your own research, provide other examples to expand upon the points I have listed here, please, I encourage you to do so. Maybe, if through legitimate discussion and telling our favourite artists that we won't support them if they support the DMCA, things could change.
Please note that this poll is flexible: if for any reason you come to a different opinion than the one you submitted, you are welcome to change it.
[*] The DMCA hurts consumers because it restricts and otherwise infringes upon their legal copyright rights to using media, such as fair use, and also free speech rights (to those that examine code to determine how DRM works).
[*] The DMCA hurts artists because it significantly decreases the amount of legal ownership they actually have over the media they created.
[*] The DMCA also hurts artists because the fact of unwarranted DRM protections, along with the inability to make legally permissible backup copies (the DMCA does not permit archiving, regular copyright law does with re-distribution, a paradox), make people less likely to purchase or otherwise view media legitimately, hurting legal media sales, decreasing royalties available to performers.
[*] The DMCA hurts technological innovation because it provides a convenient excuse to illegalise hardware that cannot be easily regulated or controlled under the terms of the DMCA; Aereo, a now-defunct attempt to provide OTA streaming of cable content to legal viewers is an example.
[*] The DMCA's takedown provisions are regularly abused; Google, Yahoo, and others listed illegitimate takedown requests as composing a significant amount, over 1/3, of their total takedown requests. This limits fair use abilities of media content.
[*] Artists have had their rights demolished under the DMCA, requiring court battles to recover their legal rights and gain penalties against companies illegally controlling their media.
I will, to the best of my ability, provide examples to illustrate the above points.
As follows:
1. The DMCA restricted legal free speech and fair use provisions in the following cases:
Lenz v. UMC (Universal Music Corporation)
Provisions violated: Fair use
Violator: UMC
Violation: Legitimate free use (a 20-second video of someone dancing to music, hardly a bona-fide attempt to copy the media)
First action: YouTube granted takedown notice; video removed from YouTube
Second Action: Lenz (the plaintiff) sued UMC for legal costs after successfully persuading YouTube to restore video; US District Judge Fogel ruled many of UMC's defenses invalid
Sony v. George Hotz
Provisions alleged violated: free speech
Alleged violator: Sony
Alleged violation: Hotz was sued under Section 1201 of the DMCA due to attempting to persuade consumers to jailbreak their PlayStation consoles.
Action: Mr. Hotz barred under injunction from ever reverse-engineering or hacking any further Sony products
2. The DMCA allowed for (temporary) illegal seizures of rights in the following known case: (covers points #2 and #6)
Defendant: Summit Entertainment LLC
Plaintiff: Artist Matt Heart
Case: The entertainment company attempted to illegally remove and violate copyright against certain media released online by Mr. Heart.
Allegation successfully made against company:
[*] Wrongful assertion of copyright violation
[*] Fraudulent assertion of copyright interest
[*] Intentional interference in contractual and business relationships
[*] Defamation (through claiming they owned the copyrights)
Result: Victory for plaintiff
3. The DMCA blocks legal fair use and archiving permissions
Found: On almost all commercial video and audio DVDs, on almost all Sony CDs; the list could just go on and on.
4. The DMCA allows for hurting of technological innovations not easily controllable by its provisions.
The case: ABC (American Broadcasting Companies) v. Aereo
Arguments against Aereo: Violation of both protocol and copyright
Initial (and current) decision: Aereo must cease all transmissions under its service.
First argument by Aereo: Its service and content are provided under a public wireless spectrum, render arguments of protocol violations moot.
Second argument by Aereo: As the court ruled they are a legally regulatable cable company, they are entitled to a mandatory copyright licence.
Current state of affairs: Court has refused to acknowledge either claim as valid.
Legal violation: Court will not rule copyright licence must be granted, despite deciding company is a cable system, in violation of copyright law and legal procedure.
5. The DMCA allows for abusive takedown of legitimately posted content with hard-to-use recourse.
The sites I mentioned all have listed, each year since about 5 years ago, the amount of takedown requests they have received, along with their validity. The amount of illegitimate takedown requests is consistently above 25 or 33%, making them a major constituent of their total takedown-request amount.
Conclusion: Based on the examples I have provided, it should be easy to see that the DMCA is a legal mechanism that has gone way too far out of any control, with ease of abuse by major media companies and conglomerations, along with individuals seeking to impinge upon legal copyright usage by means of takedown, being far too easy for any sort of comfortable situation, potentially legal or otherwise. I'm not trying to create a controversy here; this post was not created with the intention of starting a flame war, so, please, if you wish to discuss this topic, let's all keep level heads. I'm not trying to backseat moderate with that comment, it's just that on any forum, any discussion of real weight easily enough spawns flame wars. So, yes, I would be interested in hearing your opinions, but not any swearing involved, please. Also, if you can, through your own research, provide other examples to expand upon the points I have listed here, please, I encourage you to do so. Maybe, if through legitimate discussion and telling our favourite artists that we won't support them if they support the DMCA, things could change.
Please note that this poll is flexible: if for any reason you come to a different opinion than the one you submitted, you are welcome to change it.