The Electronic Frontier Foundation drove three deep wedges into the US prohibition on breaking DRM today. EFF had applied to the Copyright Office to grant exemptions permitting the cracking of DRM in three cases: first, to "jailbreak" a mobile device, such as an iPhone, where DRM is used to prevent phone owners from running software of their own choosing; second, to allow video remix artists to break the DRM on DVDs in order to take short excerpts for mashups posted to YouTube and other sharing sites; finally EFF got the Copyright Office to renew its ruling that made it legal to unlock cellphones so that they can be used with any carrier.
These are major blows against the tradition in US law of protecting DRM, even when DRM wasn't upholding copyright. For example, Apple argued in its Copyright Office filing that it should be illegal under copyright law to install iPhone software unless Apple had approved and supplied it (akin to the principle that you should only be allowed company-approved bread in your toaster, or Folgers-approved milk in your instant coffee).
I'm not clear on whether these rulings now make it legal to traffick in circumvention tools that can accomplish this trick: if so, it would mean that you could sell DRM-ripping software in stores, or open a fix-it shop that jailbroke iPhones so that they could access unapproved software from third-party suppliers (including online stores that competed with Apple's App Store).
In any event, major kudos to EFF for an enormous win. Read the rest
Remember Balanced Copyright for Canada
, the shadowy "citizen's group" that encouraged members to send form letters
to media outlets skeptical about Canada's new, US-style copyright law?
Turns out it's a front for the big US labels.
Michael Geist sez,
After several weeks of delays, the Balanced Copyright for Canada site which has been engaging in astroturfing on Canadian copyright reforms, revealed its funding and advisory board late on Tuesday night, hours before the Canada Day holiday. The primary source of funding is not a surprise: this is a Canadian Recording Industry Association production.
Balanced Copyright for Canada Board and Funding Revealed
US record labels starts fake "citizen's group" to support Canada's ... Read the rest
The composition of the advisory board is interesting. First, of the 13 members, more than half are either record company executives, former record company executives, or lawyers who represent record companies. No surprise given the site's backing, but not exactly the promised "employees, unions, artists and creators." In fact, it is notable that there are very few prominent creators and not many representatives from creator groups outside the music industry such as authors, performers, directors, or artists. In fact, despite an earlier claim that Loreena McKennitt would be on the advisory board, those plans apparently changed.
The board also includes one lawyer who just three months ago argued in a paper that form letters carry little value in public policy process, yet is now on the board of a site that requires a form letter that cannot be edited in order to participate.