Tag Archives: law

Failure of DMCA and TPP is going to be worse

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It should come as no surprise to many of my readers that I’m not really a big fan of DMCA. I believe that this law hinders innovation in the arts and sciences. I you are interested in a very nuanced and well articulated argument against Copyright, I suggest you download Lawrence Lessig‘s book Code 2.0 – it’s a law book, but it’s free and interesting. However, I have written about this topic before if you’re like a bit of a synopsis.

The DMCA is a law that requires companies to help copyright holders manage and protect their copyrighted material. This results in something called a Take Down Notice, where the company that receives the take down notice must remove the offending material. In many cases the copyright holders are requiring companies like Google to create tools to allow them to automatically search for offending material.

Growing number of Take Down requests

Growing number of Take Down requests accessed 1/5/2014

For a growing company like Twitch.TV which streams live video game broadcasts and services several hundred thousand viewers at once, may cripple them in the future. According to a recent George Mason University study, the DMCA take down notice process has been a complete failure. The law was never intended to function in the manner that it has been.

The take down notice was designed as a stop gap measure and compromise between copyright holders and the new technologists on the web. The DMCA was passed in 1998, most of the internet that we know and love didn’t exist then. It was likely that only a few people had even started using Google when the law was passed, YouTube was nothing more than a pipe dream, Napster and sites like it were the major driving force for this law.

Over the past few years we’ve had several attempts to expand on the DMCA and make matters significantly more restrictive on the Internet. For example we had the SOPA/PIPA, CISPA laws that the internet killed with a blackout. The blackout is an example of what Rebecca MacKinnon argued in her book “Consent of the Networked” where law makers need to look at the interconnectedness of the world and how these laws reach beyond our boarders and impact the broader world.

Unfortunately, these types of laws aren’t dead and DMCA isn’t going away despite what GMU recommends. Currently TPP is working it’s way through the “Fast Track Process” (fast track essentially allows the President to enter into trade agreements powers not authorized by the Constitution) and if it is successful there are copyright provisions that are very damaging for both Copyright Law and Patents. The copyright provisions are stronger than DMCA, similar to SOPA, and would force all signers to follow the rule of the trade agreement over their own established laws, including the US. If you are interested in reading TPP here’s the full agreement for download at Wikileaks.

What can we do to prevent TPP from making our copyright lives worse? Well, it appears there’s limited things we can do. Of course you can contact your representatives, however, Darrel Issa was already refused to see the agreement. However, more interest from the general population can only be a good thing. We’re going to have elections this year in the US, so it’s a good idea to get people thinking about this trade agreement now and stop it before it’s ratified.

Some thoughts on gun issues

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I posted the following as a comment to my brother’s comment about gun control. He’s a boarder patrol agent. Basically he commented about how allowing guns (in the right hands) can save lives. He also argued that if you take guns away from most people only criminals will have them. As most of you know I love to shoot guns. I’ve shot all sorts of guns from pistols to an AR15. I think it’s fun and a good way to enjoy some time with your friends. That being said, here’s my comment to him.

“Alright, I’ve been hearing a lot about how gun control won’t fix the problem. You know I like shooting guns and do believe that we should be able to own guns. Now, I think that there needs to be some level of gun control/additional checking before gun purchases are made but I’m not exactly sure what that is. Secondly, simply saying criminals won’t follow the law isn’t a suitable answer either because there’s no completion of the thought. If criminals won’t follow the law, why are they criminals in the first place? What do we need to do to eliminate their supposed need for the gun to commit said dubious act?

I believe that to truly eliminate (or greatly reduce gun violence) we need to address the root cause, gun control alone won’t work. We have to address the reasons for the criminality. Those include, poverty, inequality, drug addiction, sale of drugs, unemployment, being a convicted felon and so on. All of these causes have significant interaction effects. You can’t separate sale of drugs from drug addiction and drug usage is higher in impoverished areas. So, this indicates to me that we need to address the root cause issue behind poverty and drugs. The extralegal crimes related to drugs include things like murder over turf wars and the sort of activities you’re involved with as a boarder patrol agent, smuggling, etc… We as a society have direct control over what is a legal and illegal drug. We have control over this – it’s a matter of do what we consider the right thing to do about drugs.

The other obvious area we need to address is mental health, which has a different root cause than the others. Many people can’t afford the mental health they need because we as a society don’t value mental health very well and many insurance companies think it’s a waste of time.

In my mind I think that if we want to address the true root cause behind gun violence we need to address poverty, drugs, and mental health. Unless you or anyone else for that matter, is willing to seriously consider fixing many of these issues, then gun control is one of the few options we have to address it. It’s a failed option from the start because it’s a band aid. In my opinion all gun advocates need to pull together and push for reform on those social issues I outlined to keep guns ownership legal as you think it should be. Otherwise we are doomed to repeat this sort of cycle.”

Yes, this is something of a rant, but I think we need to really consider what we value as a culture and how we decide to address an issue like gun control. The events at Sandy Hook and other locations in the past 2 years around the world are horrible.

Apple v Samsung: iJury

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As most of you are aware Apple crushed Samsung in it’s suit. Every patent of Apple’s was upheld and Samsung owes Apple just a touch over $1Billion. This is going to do a great deal to chill innovation. Many other people are commenting that these patents and the idea of copying isn’t new and that Apple has stolen a great deal themselves. In one discussion with an author at the Urban Times, he seemed to argue that the theft of these ideas is more honest than copying and that Apple was a better company for doing so. Well, there’s a major flaw in that idea, the theft of an idea is essentially copying the idea, the only difference is you act as if it was always yours and that you didn’t copy someone else.

One author thinks that one billion is a small price to pay to be the second largest mobile manufacturer in the world. While I understand the thinking behind this, sure they copied a great deal from Apple and it only cost them a portion of what it could have cost. However, this is a short sighted view. The manner in which Apple has attacked Samsung isn’t going to stop and will likely intensify. The ruling in San Jose wasn’t the only ruling that came in yesterday. In Korea a judge ruled that both companies were infringing each other and banned both products from being imported to the country. The judge also found that Samsung didn’t copy and in the UK a judge also said that Samsung didn’t copy and wasn’t cool enough to be confused with an i Anything – ordering them to post it on their website.

The idea that Apple’s design for the phone’s desktop being unique is a bit absurd. They simply changed the way the buttons looked, but there had been interfaces that were extremely similar for years. I had a Sony Cliq PDA in 2001 and 2002 and some of the way that product looked was similar to the iPhone. Apple repackaged things extremely well. Judge Koh did not allow Samsung to present all the information to the jury related to prior art, which certainly didn’t help Samsung’s case (Samsung released it to the public though).

The other major issue with this case is the idea that laypeople can really understand the issues with patents. They are difficult to understand, written in legalese and intended to be so broad that they can be interpreted in many different ways. I’ve read through several patents and they quite frankly are confusing and in many cases don’t convey the information they are required to convey (how to manufacture or build whatever is patented).

For a patent to be valid it only has three conditions to meet: Novel, which means that nothing like it has been done before; Non-Obvious, which means that (originally) that an expert in the field wouldn’t see this as a natural extension of previous work; now it must be non-obvious to a layperson; the final one is the possibility of industrial application, this means that the technology must be useful in some way. Many of Apple’s patents do not meet the threshold for the first two, novel or non-obvious. Now of course people that disagree will argue that in hindsight these patents are obvious because Apple did such a god job at inventing them. I disagree primarily because many of the patents are reapplication of ideas from the computer to the smart phone.

I’m extremely worried about the future of innovation in light of this ruling. I think that there will be serious repercussions and whatever comes out of this will be terrible for consumers.

Finally check out this video discussing what Apple has invented:

A bit remiss

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Sorry dear readrs, I’ve been very bad about writing any blogs lately. I’ve had some pretty big changes in the past two months as you all know. I’ve moved back from the Netherlands to the US, did some consulting work and I just started a job at AMD. Consequently, I’ve not been able to post as much as I have in the past. Big changes have been happening in my life.

Because of these changes I wasn’t able to pay enough attention to the CISPA fiasco that just occurred in the US. This law is a terrible step in the direction of data tyranny. I’m even being hyperbolic about this either. I wrote about the risks of having a voluntary data sharing program and in my review of Consent of the Networked I discussed the different data and Government regimes out in the “wild.” These concerns are valid. We need to be aware of what’s going on. Now, I have to say we pretty much blew our collective internet protest load with the SOPA/PIPA protests. Which is actually a problem. I would hazard that in many ways CISPA is as bad or worse than SOPA, however I didn’t see as much chatter about CISPA on reddit, twitter, Google+ or Facebook about CISPA as I did about SOPA.

I think there are a few reasons for this actually. First, the majority of the people were able to clearly understand the risks associated with SOPA. These risks are pretty straight forward and understandable. These risks affect us tomorrow not in some future time period. In many ways SOPA like acts can already happen today. This makes it extremely obvious why SOPA/PIPA are terrible laws and should be opposed at many levels. Second, with CISPA coming so quickly after the SOPA/PIPA protests there was likely something of a protest overload or disbelief that another law could come through so quickly that is as bad or worse than SOPA. Especially with the language that was being used at the time of SOPA. It would have broken the Internet, how could anything be worse than that? Third, there was more support by large companies for this law than for SOPA. Apparently that actually matters more than we realized. We were able to push Wikipedia, Facebook, and other large companies to protest this law. However in this case Facebook and Microsoft supported the law while Google sat on the sideline saying nothing about the law.

I think from this stand point, people that weren’t happy with CISPA but didn’t understand the importance likely didn’t do anything about it. However, whenever a fantastic website like Wikipedia blacks out in protest for a law it will get people who are only on the fence about the law to actually do something about the law.

CISPA and SOPA are both bad but in very different ways. CISPA is something of an abstraction of risk. Losing your privacy when so many people already voluntarily give up so much information about themselves on Facebook and Twitter might not seem like as big of a deal. The secondary abstraction is a lack of understanding of the impact of the data sharing. It’s unclear of what exactly the Feds would do with the data once they have it. It’s unclear how data sharing would occur within the government. However, it is likely that the data would be shared throughout the government including the military. Which many privacy experts are say essentially legalizes military spying on US civilians. The third problem is that many people also feel that if you aren’t doing something wrong you don’t have anything to worry about. However, this is a fallacy as even people who are doing things that aren’t wrong can get in trouble. I’ve discussed the cases where people are fired for posting drunken pictures on Facebook. Additionally, this type of law represents the biggest of the big government that we can imagine. There’s no reason why the government needs to know what we’re doing in this level of detail.

It’s going to be a long and difficult fight to keep our internet free. However, it’s something that we must do and I believe we can do it. We will just need to keep vigilant and work together to ensure that our internet stays our internet.

Loss of dignity when arrested?

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Today the US Supreme Court ruled 5-4 that it’s OK for prison officials to decide to strip search someone once arrested. In the case in question a man was wrongfully arrested and in two different prisons within the span of a week was required to strip and display himself to a guard. Kennedy argued that if guards had the ability to strip search anyone pulled over or arrested it is likely that Timmy McVey or one of the 9/11 terrorists would have been stopped ahead of time, as they were arrested days before they committed a crime.

This line of thinking is a very dangerous slippery slope. If we start allowing these unreasonable searches after a traffic violation arrest where is the stopping? At what point will it be allowable to strip search someone after a traffic violation with no arrest? While that’s one direction this could go the other direction has research and very recent photographic evidence.

What I’m talking about is the Stanford Prison Experiment and Abu Gharib. The Stanford Prison experiment is famous for the fact that it finished early due to the brutality of the “prison guards.” In the experiment a random selection of students were split between prisoner and prison guard. Over the course of a few days, the guards and prisoners started to really get into their role to the point that there were serious behavior changes. In fact many of the guards became extremely sadistic to the “prisoners” including beating them and abusing them emotionally. Due to the change in the behavior the experiment ended.

During the Iraq war photo evidence was released that showed systemic abuse that was at least on some level condoned by military and civil authority in the Pentagon. The abuse was used as a way to debase and demoralize the “terrorists,” which is not to say that some of them weren’t actual terrorists but there were innocents. These actions likely started harmlessly enough as strip searches and other activities. However, they escalated into pictures of naked pyramids.

Using these two historic cases as a back drop I think that we can see that there is great potential for abuse and escalation of these sorts of activities. It is well known that torture doesn’t really give us the information we need and it is unlikely that the next McVey or 9/11 terrorist will have something on them at the time of a random street arrest unless they are actively en route to their destination. In the case of the 9/11 terrorist the strip search would have likely found a box cutter and luggage for a trip. It’s unclear how if he would have been arrested it would have turned up enough evidence to put him away for life.

I am extremely disappointed with the SCOTUS with this ruling. While I understand some of the rational for the ruling, it seems heavy handed and likely to lead to abuses rather than the results the Court wishes to find.