Chilling Effects (According To?)

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Digital Millennium Copyright Act,DMCA DMCA: Chilling Effects (according to?) Copyright law of United States Anti-circumvention (1201) aspects of DMCA Passed in 1998, general industry support Prevents legitimate back-up/archive Controversial on (at least) two fronts Fair use “under siege” Inhibits free speech Rules against circumvention Can’t try to bypass DRM, CSS, … Impedes innovation, science, invention, … Despite research exceptions Safe Harbor provisions What happens on violation or threat of? Protect online service providers (blogs?) Review and comments every three years Compsci 82, Fall 2009 7.1 Compsci 82, Fall 2009 7.2 DMCA: Safe Harbor Happy Birthday (Oct 28, 1998) DMCA! DMCA saved the web (2.0) Blogs, search engines, e-commerce sites, video and social-networking portals Safe harbor provision (512) is indispensable are thriving today thanks in large part to the notice-and- No knowledge of offense! takedown regime ushered in by the much- Take down notices maligned copyright overhaul. A decade ago, Counter notice when the DMCA was enacted, these Eligible for safe-harbor? innovations were unheard of, embryonic or not yet conceived. Now, Google has grown into one of the world's largest companies, and If I post a video to YouTube that infringes… its video-sharing site YouTube has left an Who gets in trouble? enduring mark on public discourse. Compsci 82, Fall 2009 7.3 Compsci 82, Fall 2009 wired on DMCA ten years later7.4 DMCA: Takedown notice? DMCA and chilling effects Notice and take down for copyright Dmitry Sklyarov, Elcomsoft, 2001 infringement Arrested? Conference? Ivan Hoffman on the DMCA Ed Felten, SDMI, 2001 chillingeffects.org on DMCA RIAA urges reconsideration To submit a takedown notice, provide: Princeton Profs anti-circumvention song Complainant: name, address, e-signature Alex Halderman, Sony rootkit Location of infringement, e.g., link Ben Edelman and CIPA (children’s internet Affirm: no legal basis for use of materials protection act) Affirm: act on behalf of copyright holder Research, tools, distribution, “just sue” Compsci 82, Fall 2009 7.5 Compsci 82, Fall 2009 7.6 Jon Lech Johansen (DVD Jon) DMCA in the News (Fall 2009) DeCSS Flickr changes takedown policy How does DVD encryption work? Changes? Lobbyists? What is GPL issue with original code? Brute force attack on 40-bit key beyond Blogger changes policy DeCSS Allows for edit/reposting Apple, iTunes, Fairplay, DRM Change from “removal” Digital Rights Management iPhone Veoh wins, YouTube next? Hacker Jon Liability for infringing use Compsci 82, Fall 2009 7.7 Compsci 82, Fall 2009 7.8 .

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