Comments on: Cellphone unlocking is the first step toward post-SOPA copyright reform http://boingboing.net/2013/02/22/taking-on-real-reform-in-a-pos.html Brain candy for Happy Mutants Sat, 25 May 2013 20:06:00 +0000 hourly 1 http://wordpress.org/?v=3.4.1 By: Max Choosewell http://boingboing.net/2013/02/22/taking-on-real-reform-in-a-pos.html#comment-1666259 Max Choosewell Wed, 27 Feb 2013 14:29:00 +0000 http://boingboing.net/?p=214699#comment-1666259 Ubuntu for tablets: http://youtu.be/h384z7Ph0gU What's going on with Whonix OS and Firefox OS? Ubuntu for tablets: http://youtu.be/h384z7Ph0gU What’s going on with Whonix OS and Firefox OS?

]]> By: Max Choosewell http://boingboing.net/2013/02/22/taking-on-real-reform-in-a-pos.html#comment-1666254 Max Choosewell Wed, 27 Feb 2013 14:27:00 +0000 http://boingboing.net/?p=214699#comment-1666254 Introduction to the MeshNet De-Centralized Internet: http://vimeo.com/45819231 Introduction to the MeshNet De-Centralized Internet: http://vimeo.com/45819231

]]> By: Gerald Mander http://boingboing.net/2013/02/22/taking-on-real-reform-in-a-pos.html#comment-1666071 Gerald Mander Wed, 27 Feb 2013 02:29:00 +0000 http://boingboing.net/?p=214699#comment-1666071  I'm aware of the purpose of copyright in regard to public domain. And even if I think a creator is being silly to refuse to release a work in a particular country, that doesn't mean he should be compelled to. Again, the underlying assumption is that people everywhere are entitled to the work. I do think it's naive to release something digitally and think that it will somehow stay within some suddenly arbitrary border, but that's a different issue.  I’m aware of the purpose of copyright in regard to public domain. And even if I think a creator is being silly to refuse to release a work in a particular country, that doesn’t mean he should be compelled to. Again, the underlying assumption is that people everywhere are entitled to the work. I do think it’s naive to release something digitally and think that it will somehow stay within some suddenly arbitrary border, but that’s a different issue.

]]> By: Daniel Friesen http://boingboing.net/2013/02/22/taking-on-real-reform-in-a-pos.html#comment-1665350 Daniel Friesen Tue, 26 Feb 2013 12:10:00 +0000 http://boingboing.net/?p=214699#comment-1665350 Except, it's not really as entitled as you think. Copyright was not created for the benefit of authors. Copyright was created for the public. It was thought that if authors had absolutely no control over what they create then they wouldn't create those works. So to promote the creation of new works the governments gave authors some level of control over the things they created. And originally copyright was territorial, you didn't get rights in other countries. If copyright is now being abused to prevent release in specific countries (who's people are supposed to be the ones to benefit from their own country's laws, not the people of other countries) or format/release restricted to the point that it nearly disappears before it reaches the public domain then it makes perfect sense to revoke that permission of copyright. Except, it’s not really as entitled as you think. Copyright was not created for the benefit of authors. Copyright was created for the public. It was thought that if authors had absolutely no control over what they create then they wouldn’t create those works. So to promote the creation of new works the governments gave authors some level of control over the things they created. And originally copyright was territorial, you didn’t get rights in other countries.

If copyright is now being abused to prevent release in specific countries (who’s people are supposed to be the ones to benefit from their own country’s laws, not the people of other countries) or format/release restricted to the point that it nearly disappears before it reaches the public domain then it makes perfect sense to revoke that permission of copyright.

]]> By: Gerald Mander http://boingboing.net/2013/02/22/taking-on-real-reform-in-a-pos.html#comment-1664714 Gerald Mander Mon, 25 Feb 2013 19:24:00 +0000 http://boingboing.net/?p=214699#comment-1664714 Patent and Trademark law are having a more direct impact on consumer choice and market innovation than any of these. Amazon was just awarded a patent for selling used e-books. This sort of thing is simply absurd. Intellectual Property inequity, archaicism, and irrelevance are shaping our culture in large and mundane ways, and the personal, professional, and market impacts are almost entirely negative. Patent and Trademark law are having a more direct impact on consumer choice and market innovation than any of these. Amazon was just awarded a patent for selling used e-books. This sort of thing is simply absurd. Intellectual Property inequity, archaicism, and irrelevance are shaping our culture in large and mundane ways, and the personal, professional, and market impacts are almost entirely negative.

]]> By: Gerald Mander http://boingboing.net/2013/02/22/taking-on-real-reform-in-a-pos.html#comment-1664712 Gerald Mander Mon, 25 Feb 2013 19:21:00 +0000 http://boingboing.net/?p=214699#comment-1664712  I disagree. There is a sense of entitlement underneath proposals 2, 3, and 4. A content creator is not <i>obligated</i> to provide content, for sale or for free, as a result of the original medium becoming outdated, the public's demand that it be available at any particular time or location, or its failure to be re-released within the scope of legally defined public domain.  I disagree. There is a sense of entitlement underneath proposals 2, 3, and 4. A content creator is not obligated to provide content, for sale or for free, as a result of the original medium becoming outdated, the public’s demand that it be available at any particular time or location, or its failure to be re-released within the scope of legally defined public domain.

]]> By: novium http://boingboing.net/2013/02/22/taking-on-real-reform-in-a-pos.html#comment-1664536 novium Mon, 25 Feb 2013 16:25:00 +0000 http://boingboing.net/?p=214699#comment-1664536  Which makes him more of a hero, in my book. The republican party has degenerated into insanity, which is bad for us as a country in the long run. This is the kind of thing that would have once been a classically conservative argument- tearing down the government interference in business (in this case, laws, policies, and etc that are geared to fill the pockets of entrenched industry, to the detriment of ordinary people, business as a whole, and to the taxpayer)- and I for one would be thrilled if the Republicans were to pick that banner back up (and step away from the authoritarian and socially conservative causes).  Which makes him more of a hero, in my book. The republican party has degenerated into insanity, which is bad for us as a country in the long run. This is the kind of thing that would have once been a classically conservative argument- tearing down the government interference in business (in this case, laws, policies, and etc that are geared to fill the pockets of entrenched industry, to the detriment of ordinary people, business as a whole, and to the taxpayer)- and I for one would be thrilled if the Republicans were to pick that banner back up (and step away from the authoritarian and socially conservative causes).

]]> By: tré http://boingboing.net/2013/02/22/taking-on-real-reform-in-a-pos.html#comment-1664138 tré Mon, 25 Feb 2013 00:08:00 +0000 http://boingboing.net/?p=214699#comment-1664138 Which is bad for business. Which is bad for business.

]]> By: Derek Khanna http://boingboing.net/2013/02/22/taking-on-real-reform-in-a-pos.html#comment-1663956 Derek Khanna Sun, 24 Feb 2013 17:31:00 +0000 http://boingboing.net/?p=214699#comment-1663956 There are a lot of issues out there. But I can tell you, as someone who is meeting with groups and talking to people on the Hill, this is a winnable battle.  And winning, will re-frame how many Members of Congress look at some of these issues - that framing is critical. We need to start small but win. I chose this issue for a large number of reasons. There are a lot of issues out there. But I can tell you, as someone who is meeting with groups and talking to people on the Hill, this is a winnable battle.  And winning, will re-frame how many Members of Congress look at some of these issues – that framing is critical. We need to start small but win. I chose this issue for a large number of reasons.

]]> By: Derek Khanna http://boingboing.net/2013/02/22/taking-on-real-reform-in-a-pos.html#comment-1663955 Derek Khanna Sun, 24 Feb 2013 17:29:00 +0000 http://boingboing.net/?p=214699#comment-1663955 These are well thought out, interesting, and persuasive ideas. Please e-mail me . These are well thought out, interesting, and persuasive ideas. Please e-mail me .

]]> By: Derek Khanna http://boingboing.net/2013/02/22/taking-on-real-reform-in-a-pos.html#comment-1663952 Derek Khanna Sun, 24 Feb 2013 17:28:00 +0000 http://boingboing.net/?p=214699#comment-1663952 Still responding to questions Still responding to questions

]]> By: Derek Khanna http://boingboing.net/2013/02/22/taking-on-real-reform-in-a-pos.html#comment-1663954 Derek Khanna Sun, 24 Feb 2013 17:28:00 +0000 http://boingboing.net/?p=214699#comment-1663954 Thanks for everyone's help who made this happen - I think you can still sign the petition if you have not here: https://petitions.whitehouse.gov/petition/make-unlocking-cell-phones-legal/1g9KhZG7 Thanks for everyone’s help who made this happen – I think you can still sign the petition if you have not here: https://petitions.whitehouse.gov/petition/make-unlocking-cell-phones-legal/1g9KhZG7

]]> By: Sharkseatmore http://boingboing.net/2013/02/22/taking-on-real-reform-in-a-pos.html#comment-1663927 Sharkseatmore Sun, 24 Feb 2013 14:28:00 +0000 http://boingboing.net/?p=214699#comment-1663927 Or pass that tax to consumers Or pass that tax to consumers

]]> By: Hubert Figuière http://boingboing.net/2013/02/22/taking-on-real-reform-in-a-pos.html#comment-1663845 Hubert Figuière Sun, 24 Feb 2013 01:53:00 +0000 http://boingboing.net/?p=214699#comment-1663845 It is more important than you think. It open the door to more corporate invasion into private property rights. This has to stop now. What next? You are not allowed to repair your car (or choose whoever you want to do it)? Not allowed to install software on your PC ? That's all where it is going. The fact that they made this in the DMCA is just mindboggling. PS: I'm in Canada. But that does not mean I don't care. Canada tend to copy all the bad sh*t from the south. It is more important than you think. It open the door to more corporate invasion into private property rights. This has to stop now. What next? You are not allowed to repair your car (or choose whoever you want to do it)? Not allowed to install software on your PC ? That’s all where it is going.

The fact that they made this in the DMCA is just mindboggling.

PS: I’m in Canada. But that does not mean I don’t care. Canada tend to copy all the bad sh*t from the south.

]]> By: Hubert Figuière http://boingboing.net/2013/02/22/taking-on-real-reform-in-a-pos.html#comment-1663844 Hubert Figuière Sun, 24 Feb 2013 01:49:00 +0000 http://boingboing.net/?p=214699#comment-1663844 And? Seriously. This is not a partisan issue. Because both parties have the same approach: be bribed for it. GWB didn't reform copyright. Neither did Obama. Also remember, he was kicked out of the GOP staff. And? Seriously. This is not a partisan issue. Because both parties have the same approach: be bribed for it. GWB didn’t reform copyright. Neither did Obama.

Also remember, he was kicked out of the GOP staff.

]]> By: Michael Daniel http://boingboing.net/2013/02/22/taking-on-real-reform-in-a-pos.html#comment-1663772 Michael Daniel Sat, 23 Feb 2013 21:21:00 +0000 http://boingboing.net/?p=214699#comment-1663772 Ok, good point.  There are a lot of issues out there, I guess I just don't see the cell phone unlocking issue as the main issue I want to take up right now. Ok, good point.  There are a lot of issues out there, I guess I just don’t see the cell phone unlocking issue as the main issue I want to take up right now.

]]> By: BadIdeaSociety http://boingboing.net/2013/02/22/taking-on-real-reform-in-a-pos.html#comment-1663678 BadIdeaSociety Sat, 23 Feb 2013 16:40:00 +0000 http://boingboing.net/?p=214699#comment-1663678 Why don't we organize around some very specific, easy-to-get-behind petitions for "We the People" crowdsource the best wording of the petitions and just spread them around the internet. Some basic ideas: 1) The 2013 Electronic Owners Rights Act - To permit the unrestricted use or alteration of an owned product regardless of the products physical or digital form.  This would not require companies to provide warranty support for altered products, but would not result in penalties for people who want to unlock their phones, install Linux on their PS3s, or region unlock their DVD players. 2) The Non-Release Exemption - In the current internet age, it is unreasonable and foolish for the marketers of content to delay the release of any audio or video medium due to geographic agreement issues. If a TV show, music track, or motion picture is not made available for reasonable distribution in a reasonable time, the content is automatically provided a "defacto public domain declaration" until the time the regional release is made available. If the end user has the money and the reasonable means to submit payment and receive the product within the established system, then the content owner has the expectation to deny the sale of said product as a revocation of their rights to sue for the illegal download of or "illegal" ripping of said content.  In other words, if you refuse to make your content available in a region on a regionally blocked medium like I.Player, Hulu, NetFlix, or region-locked media like a DVD or BluRay, the end-user has the right to obtain the medium through alternative means until your company finds a way to properly market to that region.  This doesn't forgive the ripping of screeners or the hand-camera recording of movies for sale on the grey market, but it compels media companies to make their content available in as many regions as possible at a fair-market price. 3) The Broken Player / Emulation Exception - If you purchased a product on a discontinued media format and replacements are not available for reasonable purchase, you may obtain a reasonable replacement without penalty.  This is to permit a person who owns 8-Tracks, Laserdiscs, or even old video game consoles to download digital copies of their music, movies, or video games without expectation of additional cost. Also, in the cases of aged software, like Sirius Video CDs or old digital magazines for out-dated OSes, it is acceptable to rip, unlock, re-copy, alter or otherwise reuse the product on modern systems without fear of penalty. 4) The Forfeit Clause - There is no reason that publishers cannot offer digital copies of old media in the current era.  If your publishing company has released anything in the past 100 years that is not legally considered public domain, but your company has made no attempts to republish, your company has officially forfeited the copyright of your work. Example: If you released a movie on VHS in the UK in 1985 but never republished since then, you are legally required to offer the work as a digital download or you are essentially approving the encoding of the VHS and upload to archive.org or youtube.  Anyone else have any thoughts? Why don’t we organize around some very specific, easy-to-get-behind petitions for “We the People” crowdsource the best wording of the petitions and just spread them around the internet.

Some basic ideas:
1) The 2013 Electronic Owners Rights Act – To permit the unrestricted use or alteration of an owned product regardless of the products physical or digital form.  This would not require companies to provide warranty support for altered products, but would not result in penalties for people who want to unlock their phones, install Linux on their PS3s, or region unlock their DVD players.

2) The Non-Release Exemption – In the current internet age, it is unreasonable and foolish for the marketers of content to delay the release of any audio or video medium due to geographic agreement issues. If a TV show, music track, or motion picture is not made available for reasonable distribution in a reasonable time, the content is automatically provided a “defacto public domain declaration” until the time the regional release is made available. If the end user has the money and the reasonable means to submit payment and receive the product within the established system, then the content owner has the expectation to deny the sale of said product as a revocation of their rights to sue for the illegal download of or “illegal” ripping of said content.  In other words, if you refuse to make your content available in a region on a regionally blocked medium like I.Player, Hulu, NetFlix, or region-locked media like a DVD or BluRay, the end-user has the right to obtain the medium through alternative means until your company finds a way to properly market to that region.  This doesn’t forgive the ripping of screeners or the hand-camera recording of movies for sale on the grey market, but it compels media companies to make their content available in as many regions as possible at a fair-market price.

3) The Broken Player / Emulation Exception – If you purchased a product on a discontinued media format and replacements are not available for reasonable purchase, you may obtain a reasonable replacement without penalty.  This is to permit a person who owns 8-Tracks, Laserdiscs, or even old video game consoles to download digital copies of their music, movies, or video games without expectation of additional cost. Also, in the cases of aged software, like Sirius Video CDs or old digital magazines for out-dated OSes, it is acceptable to rip, unlock, re-copy, alter or otherwise reuse the product on modern systems without fear of penalty.

4) The Forfeit Clause – There is no reason that publishers cannot offer digital copies of old media in the current era.  If your publishing company has released anything in the past 100 years that is not legally considered public domain, but your company has made no attempts to republish, your company has officially forfeited the copyright of your work. Example: If you released a movie on VHS in the UK in 1985 but never republished since then, you are legally required to offer the work as a digital download or you are essentially approving the encoding of the VHS and upload to archive.org or youtube. 

Anyone else have any thoughts?

]]> By: Randy Meier http://boingboing.net/2013/02/22/taking-on-real-reform-in-a-pos.html#comment-1663657 Randy Meier Sat, 23 Feb 2013 15:55:00 +0000 http://boingboing.net/?p=214699#comment-1663657 The Republican Party is like a a fried Twinkie: I'm sure there's a few things in there that the body can use as nutrition, but the majority is harmful junk. The Republican Party is a party of hate, and even if he's 'right' on this issue, the guy associates with hate. As an alumnus of Yale, I'm ashamed the institution gave the unemployed ass a position. The Republican Party is like a a fried Twinkie: I’m sure there’s a few things in there that the body can use as nutrition, but the majority is harmful junk. The Republican Party is a party of hate, and even if he’s ‘right’ on this issue, the guy associates with hate. As an alumnus of Yale, I’m ashamed the institution gave the unemployed ass a position.

]]> By: Radon_22 http://boingboing.net/2013/02/22/taking-on-real-reform-in-a-pos.html#comment-1663649 Radon_22 Sat, 23 Feb 2013 15:21:00 +0000 http://boingboing.net/?p=214699#comment-1663649 Of course. Because only DEMOCRATS can take a principled stand for what they percieve to be the truth, never lie to us, are free from greed and corruption, and never side with corporatists.  I'll take principle over party any day. Of course. Because only DEMOCRATS can take a principled stand for what they percieve to be the truth, never lie to us, are free from greed and corruption, and never side with corporatists. 

I’ll take principle over party any day.

]]> By: Antinous / Moderator http://boingboing.net/2013/02/22/taking-on-real-reform-in-a-pos.html#comment-1663533 Antinous / Moderator Sat, 23 Feb 2013 08:12:00 +0000 http://boingboing.net/?p=214699#comment-1663533 <blockquote>Fighting the cell phone issue right now only drains resources from the CISPA fight.</blockquote>Fighting the CISPA issue right now only drains resources from the fight over drones/ TSA/ VAWA/ DOMA/ ....... do I need to continue?

Fighting the cell phone issue right now only drains resources from the CISPA fight.

Fighting the CISPA issue right now only drains resources from the fight over drones/ TSA/ VAWA/ DOMA/ ……. do I need to continue?

]]> By: Michael Daniel http://boingboing.net/2013/02/22/taking-on-real-reform-in-a-pos.html#comment-1663514 Michael Daniel Sat, 23 Feb 2013 07:15:00 +0000 http://boingboing.net/?p=214699#comment-1663514 Interesting that a guy like this would spend this time drawing attention to the smart phone unlocking issue, which is a done deal right now, and not even mention CISPA https://www.eff.org/deeplinks/2013/02/join-namecheap-and-eff-stopping-cispa ... and he didn't mention the Obama already seized SOPA-like authority through his executive order a couple of weeks ago. http://www.whitehouse.gov/blog/2013/02/05/working-counter-online-radicalization-violence-united-states The president is cracking down on free speech and you guys are worried about unlocking cell phones?  Really?  Don't get me wrong, the cell phone issue is a problem that needs to be dealt with, but first things first.  Lets get CISPA blocked in the legislature first.  That is the most present threat right now.  After that we need to figure out a way to get Obama to back down on his 'online radicalization' bullshit pretense for censoring people and deal with the cell phone issue. Fighting the cell phone issue right now only drains resources from the CISPA fight. Interesting that a guy like this would spend this time drawing attention to the smart phone unlocking issue, which is a done deal right now, and not even mention CISPA

https://www.eff.org/deeplinks/2013/02/join-namecheap-and-eff-stopping-cispa

… and he didn’t mention the Obama already seized SOPA-like authority through his executive order a couple of weeks ago.
http://www.whitehouse.gov/blog/2013/02/05/working-counter-online-radicalization-violence-united-states

The president is cracking down on free speech and you guys are worried about unlocking cell phones?  Really?  Don’t get me wrong, the cell phone issue is a problem that needs to be dealt with, but first things first.  Lets get CISPA blocked in the legislature first.  That is the most present threat right now.  After that we need to figure out a way to get Obama to back down on his ‘online radicalization’ bullshit pretense for censoring people and deal with the cell phone issue.
Fighting the cell phone issue right now only drains resources from the CISPA fight.

]]> By: Ultra Fem http://boingboing.net/2013/02/22/taking-on-real-reform-in-a-pos.html#comment-1663513 Ultra Fem Sat, 23 Feb 2013 07:05:00 +0000 http://boingboing.net/?p=214699#comment-1663513 Don't make a hero out of this guy. HE'S A REPUBLICAN. Don’t make a hero out of this guy. HE’S A REPUBLICAN.

]]> By: Rob Beschizza http://boingboing.net/2013/02/22/taking-on-real-reform-in-a-pos.html#comment-1663062 Rob Beschizza Fri, 22 Feb 2013 20:09:00 +0000 http://boingboing.net/?p=214699#comment-1663062 Derek has a live AMA at Reddit here: http://www.reddit.com/r/IAmA/comments/191ffd/hi_im_derek_khanna_the_house_republican_committee/ Derek has a live AMA at Reddit here: http://www.reddit.com/r/IAmA/comments/191ffd/hi_im_derek_khanna_the_house_republican_committee/

]]> By: Fluffy Space Marine http://boingboing.net/2013/02/22/taking-on-real-reform-in-a-pos.html#comment-1663056 Fluffy Space Marine Fri, 22 Feb 2013 20:03:00 +0000 http://boingboing.net/?p=214699#comment-1663056 May I recommend taking another insurgent approach and strike from both ends. Don't just push to end jailbreaking, let's also move to make it not in a company's interest to jail devices to begin with. Answer the question, "if you can’t alter the settings on your phone, do you even own it?" with a solid *NO* and that therefor your cellphone company must consider the value of the phones on their taxes at the full unsubsidized price. If the phone companies suddenly have a tax liability due to locking phones, they'll likely be more willing to unlock them whether or not required to do so by law. May I recommend taking another insurgent approach and strike from both ends. Don’t just push to end jailbreaking, let’s also move to make it not in a company’s interest to jail devices to begin with. Answer the question, “if you can’t alter the settings on your phone, do you even own it?” with a solid *NO* and that therefor your cellphone company must consider the value of the phones on their taxes at the full unsubsidized price. If the phone companies suddenly have a tax liability due to locking phones, they’ll likely be more willing to unlock them whether or not required to do so by law.

]]> By: beforewepost http://boingboing.net/2013/02/22/taking-on-real-reform-in-a-pos.html#comment-1663026 beforewepost Fri, 22 Feb 2013 19:40:00 +0000 http://boingboing.net/?p=214699#comment-1663026 Look forward to your running  for Congress Derek.  Look forward to your running  for Congress Derek. 

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