Yesterday, I blogged about New Zealand's new DMCA-style copyright legislation
, saying that it mirrored the US Digital Millennium Copyright Act. Copyfighting law prof Michael Geist sets me straight -- the Kiwis put one over on old Uncle Sam, crafting an anti-circumvention rule that's "probably the best anti-circumvention implementation anywhere in the world with a complete exclusion of access controls (ie. region coding), a positive right to circumvent for permitted acts, and even a system to allow 'qualified persons' to circumvent on behalf of those less technologically adept. "
On the anti-circumvention front, there are several things to note:
* the technological protection measures (TPMs) expressly exclude access controls such as region coding. In other words, the anti-circumvention provisions do not apply to devices that "only controls access to a work for non-infringing purposes."
* the legislation targets anti-circumvention devices, but excludes those devices that have something more than "limited commercially significant applications" other than circumventing a TPM.
* the law prohibits making, selling, distributing, advertising, or offering a circumvention device if the person "knows or has reason to believe that it will, or is likely to, be used to infringe copyright." The inclusion of a knowledge requirement creates an additional safeguard against overbroad application of the provision.
* most importantly, the law clearly permits circumvention for "permitted acts", which effectively preserves fair dealing rights (the statute also specifies the right to circumvent for encryption research). More impressive, the law includes a system to facilitate circumvention for permitted acts in the event that users are unable to circumvent a TPM themselves. In such cases, the law allows a "qualified person", which includes librarians, archivists, and educational institutions, to circumvent a TPM on behalf of a user (the user can also ask the copyright owner to unlock the work for them).
See also: New Zealand bends over and offers up a DMCA to America with a shy, desperate smile
A new report from the US Copyright Office on Section 1201 of the Digital Millennium Copyright Act — a controversial law that bans breaking DRM, even for legitimate purposes — calls for sweeping, welcome changes to the DMCA.
Did you buy a useless $400 “smart” juicer and now feel the need to accessorize it with more extrusions from the Internet of Shit timeline? Then The Leaf from Teaforia is just the thing: it’s a tea-maker that uses DRM-locked tea-pods to brew tea in your kitchen so you don’t have to endure the hassle […]
Last October, the Dr Seuss estate used legal threats to halt a wildly successful crowdfunded Seuss/Star Trek mashup called “Oh, The Places You’ll Boldly Go,” whose contributors included comics legend Ty Templeton and Tribbles creator David Gerrold.
Even though credit cards now feature an EMV chip for securing transactions, they still have to include the magnetic strip for compatibility with older point of sale systems. Because of this, there’s no way for the chip’s new security capabilities to protect against card skimmers in the wild.How do you protect yourself from legacy-technology-induced fraud? […]
As the old saying goes, “You should sit in meditation for 30 minutes every day. Unless you are too busy, in which case you should meditate for an hour.” Since most of us have an endless list of things to do and people to see, carving out quiet time can feel impossible, especially when most […]
The Bragi Dash Truly Wireless Smart Earphones are far more than your run of the mill Bluetooth earbuds. While the earpiece design makes these earbuds ideal for exercise and activity, and passive noise cancelling is conducive to a more serene listening experience, these buds go well beyond just playing music.First of all, they can actually […]