Remember The Beastles, the amazing Beastie Boys/Beatles mashup? Hope you got a copy on your hard-drive because the RIAA's gone on a totally predictable jihad against a piece of delightful, noncommercial creativity.
Tim sez, "RIAA and Universal are pulling dj BC's Beastles across the web. Radio Clash has gotten a nastygram from the RIAA, Mega has pulled a mirror and also the Soundcloud has been disabled. In fact on his Facebook page, dj BC has announced pulling down the links tonight! It's amazing that in this day and age that a non-commercial fair-use project is still being stomped on by the blue meanies. Looking to see how I should respond...but also looking for a new host in Russia, although how that is better post-PRISM I'm not sure :-/"
Sorry, Tim, Russia just passed its own SOPA on steroids.
Cease and Desist Mark 2: Beastles gets pulled by the blue meanies
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Senator Elizabeth Warren has written an open letter to Michael Froma, the nominee to run the US Trade Representative's office, calling on him to release the text and negotiating documents for the secretive, controversial Trans Pacific Partnership (TPP), whose sweeping and brutal copyright provisions make it clear that this is the next attempt to pass SOPA and ACTA -- the US law and international treaty that flamed out in 2012.
“I appreciate the willingness of the USTR to make various documents available for review by members of Congress, but I do not believe that is a substitute for more robust public transparency,” Warren wrote to Froman, who is now an assistant to the president. “If transparency would lead to widespread public opposition to a trade agreement, then that trade agreement should not be the policy of the United States.”
Senator Warren Presses White House to Release Pacific Trade Text [Mark Drajem/BusinessWeek]
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The hilariously named "Commission on the Theft of American Intellectual Property" has finally released its report, an 84-page tome that's pretty bonkers. But amidst all that crazy, there's a bit that stands out as particularly insane: a proposal to legalize the use of malware in order to punish people believed to be copying illegally. The report proposes that software would be loaded on computers that would somehow figure out if you were a pirate, and if you were, it would lock your computer up and take all your files hostage until you call the police and confess your crime. This is the mechanism that crooks use when they deploy ransomware.
It's just more evidence that copyright enforcers' network strategies are indistinguishable from those used by dictators and criminals. In 2011, the MPAA told Congress that they wanted SOPA and knew it would work because it was the same tactic used by governments in "China, Iran, the UAE, Armenia, Ethiopia, Saudi Arabia, Yemen, Bahrain, Burma, Syria, Turkmenistan, Uzbekistan, and Vietnam." Now they've demanded that Congress legalize an extortion tool invented by organized criminals.
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Additionally, software can be written that will allow only authorized users to open files containing valuable information. If an unauthorized person accesses the information, a range of actions might then occur. For example, the file could be rendered inaccessible and the unauthorized user’s computer could be locked down, with instructions on how to contact law enforcement to get the password needed to unlock the account. Such measures do not violate existing laws on the use of the Internet, yet they serve to blunt attacks and stabilize a cyber incident to provide both time and evidence for law enforcement to become involved.
Hacking Politics is a new book recounting the history of the fight against SOPA, when geeks, hackers and activists turned Washington politics upside-down and changed how Congress thinks about the Internet. It collects essays by many people (including me): Aaron Swartz, Larry Lessig, Zoe Lofgren, Mike Masnick, Kim Dotcom, Nicole Powers, Tiffiny Cheng, Alexis Ohanian, and many others. It's a name-your-price ebook download.
Hacking Politics is a firsthand account of how a ragtag band of activists and technologists overcame a $90 million lobbying machine to defeat the most serious threat to Internet freedom in memory. The book is a revealing look at how Washington works today – and how citizens successfully fought back.
Written by the core Internet figures – video gamers, Tea Partiers, tech titans, lefty activists and ordinary Americans among them – who defeated a pair of special interest bills called SOPA (“Stop Online Piracy Act”) and PIPA (“Protect IP Act”), Hacking Politics provides the first detailed account of the glorious, grand chaos that led to the demise of that legislation and helped foster an Internet-based network of amateur activists.
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Alan sez, "Demand Progress, part of Aaron Swartz's legacy, has been working for a while on a collection of essays and thoughts
by people including Aaron, Lawrence Lessig, Techdirt's Mike Masnick, and Kim Dotcom. The collection is now available in ebook and paperback form. You can even pay in bitcoins, if that's how you roll." Read the rest
Lamar Smith (R-TX) is the goon who brought SOPA to the nation. Now he's in charge of science funding in the House, and he's got some spectacularly stupid ideas for science as a whole.
Stuart sez, "The new chair of the House of Representatives science committee has drafted a bill that, in effect, would replace peer review at the National Science Foundation (NSF) with a set of funding criteria chosen by Congress. For good measure, it would also set in motion a process to determine whether the same criteria should be adopted by every other federal science agency."
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Smith's request to NSF didn't sit well with the top Democrat on the science committee, Representative Eddie Bernice Johnson (D-TX). On Friday, she sent a blistering missive to Smith questioning his judgment and his motives.
"In the history of this committee, no chairman has ever put themselves forward as an expert in the science that underlies specific grant proposals funded by NSF," Johnson wrote in a letter obtained by ScienceInsider. "I have never seen a chairman decide to go after specific grants simply because the chairman does not believe them to be of high value."
In her letter, Johnson warns Smith that "the moment you compromise both the merit review process and the basic research mission of NSF is the moment you undo everything that has enabled NSF to contribute so profoundly to our national health, prosperity, and welfare." She asks him to "withdraw" his letter and offers to work with him "to identify a less destructive, but more effective, effort" to make sure NSF is meeting that mission.
Remember ACTA, the terrifying, secret SOPA-on-steroids copyright treaty that the US government tried to ram down the world's throat? Well, it's back, only this time it's called the Trans-Pacific Partnership, and it's limited (for now) to the Pacific Rim. The TPP negotiators are meeting (in secret, natch) in Peru to twirl their mustaches and cackle, and EFF has posted a great infographic summing up their nefarious plan (see the whole thing after the jump):
The TPP is likely to export some of the worst features of U.S. copyright law to Pacific Rim countries: a broad ban on breaking digital locks on devices and creative works (even for legal purposes), a minimum copyright term of the lifetime of the creator plus seventy years (the current international norm is the lifetime plus fifty years), privatization of enforcement for copyright infringement, ruinous statutory damages with no proof of actual harm, and government seizures of computers and equipment involved in alleged infringement. Moreover, the TPP is worst than U.S. copyright rules: it does not export the many balances and exceptions that favor the public interest and act as safety valves in limiting rightsholders’ protection. Adding insult to injury, the TPP's temporary copies provision will likely create chilling effects on how people and companies behave online and their basic ability to use and create on the Web.
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John from the Free Software Foundation sez,
Hollywood is making yet another attempt to lock down the Web. Undeterred by SOPA's failure, Hollywood is conspiring with tech giants like Microsoft, Google, and Netflix to try to influence the World Wide Web Consortium (W3C). A proposal currently under consideration at W3C would *build accommodation for Digital Restrictions Management (DRM) into HTML itself.* The W3C's job is to keep the Web working for everyone; building DRM into HTML would be a dramatic departure from the NGO's mission.
Today a coalition, organized by the Free Software Foundation and including EFF and Creative Commons, released a joint letter to the W3C condemning the proposal. The coalition is also asking Web users to send a message to W3C by signing a petition.
The coalition says, "Ratifying EME would be an abdication of responsibility; it would harm interoperability, enshrine nonfree software in W3C standards and perpetuate oppressive business models. It would fly in the face of the principles that the W3C cites as key to its mission and it would cause an array of serious problems for the billions of people who use the Web."
I wrote about this in detail in the Guardian in March.
Keep DRM out of Web standards -- Reject the Encrypted Media Extensions (EME) proposal
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We've been CISPA'd again.
For a second year the US House has passed the embarrassingly vague Cyber Intelligence Sharing and Protection Act, a bill that could scatter your personal information like a tornado hitting a trailer park. Echoing last year, the Obama administration has threatened to veto CISPA if it fails to incorporate privacy controls, but we shouldn't have to rely on presidential intervention or the Senate's questionable wisdom to save us. Though Congress is gifted in the arts of incompetence and believes digital liberties only matter to basement-dwelling teens, we cannot entirely vilify the House, either. If there's one thing our representatives actually represent about us, it is our ignorance of technology. Read the rest
Read this if you want to stay out of jail.
When my friend Aaron Swartz committed suicide in January, he'd been the subject of a DoJ press-release stating that the Federal prosecutors who had indicted him were planning on imprisoning him for 25 years for violating the terms of service of a site that hosted academic journals. Aaron had downloaded millions of articles from that website, but that wasn't the problem. He was licensed to read all the articles they hosted. The problem was, the way he downloaded the articles violated the terms and conditions of the service. And bizarrely -- even though the website didn't want to press the matter -- the DoJ decided that this was an imprisonable felony, under the Computer Fraud and Abuse Act, which makes it a crime to "exceed your authorization" on any online service.
The DoJ reasoned that if the law said that doing anything "unauthorized" was a crime, and if the long, gnarly hairball of legalese that no one reads before clicking "I agree" set out what you were allowed to do, then violations of that "agreement" were a felony.
Aaron's death galvanized some Congresscritters to do something about this oversight. The ancient CFAA predated the widespread use of terms of service in everyday activities like hanging out with your friends, reading the newspaper, getting an education or signing up for a dating service. Congress did not intend to create a situation where companies that provided services could put any unreasonable condition they wanted into an "agreement" you might never see ("By using this website, you accept all terms and conditions") and then ask the DoJ to put people in prison for decades if they violated them. Read the rest
Last summer, Zach Weiner (creator the most excellent Saturday Morning Breakfast Cereal webcomic) ran a monumentally successful Kickstarter for a CC-licensed Choose-Your-Own-Adventure title called Trial of the Clone: An Interactive Adventure!.
I've finally gotten around to reading my copy and it's an absolute delight. Not only is it witty and often laugh-aloud funny -- it's also got a novel and well-thought-through game mechanic that introduces an element of tabletop RPG-playing to the system (instead of rolling dice, you flip randomly through the book and get your roll-value from the number at the bottom corner of the page).
The premise is a fun spoof of the Star Wars trilogy. You're an orphaned clone (they decanted you in order to fill a hot market wherein rich people competed to adopt orphans, quickly exhausting the existing pool of orphans and giving rise to the practice of cloning; alas you were decanted just as the market crashed) and you're sent to live with a mystic cult of warriors who train you and enlist you in an intergalactic war. The humor is trenchant, never too on-the-nose, and never gets in the way of what turns out to be rather a good story. As an added bonus, "nearly all the proper names in the book are dirty words in Czech."
Profits from this book are donated to Fight for the Future, one of the activist groups that led the charge that killed SOPA last year.
Trial of the Clone [Amazon]
Trial of the Clone [SMBC]
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David Weinberger took great notes from what sounds like a barn-burner of a talk by Anil Dash at Harvard's Berkman Center on what has happened to the net, and where it's headed:
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“We have a lot of software that forbids journalism.” He refers to the IoS [iphone operating system] Terms of Service for app developers that includes text that says, literally: “If you want to criticize a religion, write a book.” You can distribute that book through the Apple bookstore, but Apple doesn’t want you writing apps that criticize religion. Apple enforces an anti-journalism rule, banning an app that shows where drone strikes have been.
Less visibly, the laws is being bent “to make our controlling our data illegal.” All the social networks operate as common carriers — neutral substrates — except when it comes to monetizing. The boundaries are unclear: I can sing “Happy Birthday” to a child at home, and I can do it over FaceTime, but I can’t put it up at YouTube [because of copyright]. It’s very open-ended and difficult to figure. “Now we have the industry that creates the social network implicitly interested in getting involved in how IP laws evolve.” When the Google home page encourages visitors to call their senators against SOPA/PIPA, we have what those of us against Citizens United oppose: now we’re asking a big company to encourage people to act politically in a particular way. At the same time, we’re letting these companies capture our words and works and put them under IP law.
A post on Slashdot by Dangerous_Minds links to a parade of horrors with the new "Copyright Alert System" -- the voluntary six-strikes-and-you're-out copyright enforcement system that America's major ISPs have chosen to enact on behalf of the MPAA and the RIAA. It's trivial to hijack, clobbers small business owners who let people use their Internet access.
Most immediately, it also requires its victims to complete an online copyright re-education camp designed by the major record labels and studios, and as EFF's Corynne McSherry points out, this is a total clusterpoop, a way of ramming inaccurate copyright information into the nation's eyeballs. Unsurprisingly, the gross errors in the mandatory copyright reeducation materials would all improve the profitability of the entertainment industry if they were taken to heart by the public.
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"Whenever you create something like a poem, a story or a song, you own it – and no one else can use it without your permission."
Not so: thanks to the fair use doctrine, others can in fact use the works you create in a variety of ways. That’s how we help ensure copyright fosters, rather than hinders, new creativity and innovation.
Equally worrisome: the CCI site directs users to the Copyright Alliance to learn more about the history of copyright. The Copyright Alliance is hardly a neutral “resource”—it was a leader in the battle to pass SOPA and remains a staunch advocate of copyright maximalism.
Finally, CCI is promising to partner with iKeepSafe to develop a copyright curriculum for California public schools.