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Bekijk Volledige Versie : Re: [mail_lists] Stealth DMCA. Be afraid. Be very afraid...



Jim
22/04/03, 23:20
On Monday 21 April 2003 15:37, alaskan@telusplanet.net wrote:

Unfortunately, I think you are preaching to the choir here. The dshield list
is going through the same discussion. Again, the choir. This kind of thing
needs to get to the news media so that the general public can learn of the
lameness the MPAA and RIAA are lobbying against them.

I would love to hear ideas off-list.

- Jim

| Not sure if this is alarmist, or even the correct venue to address
| this issue, but I would think it worthy of mention to everyone who
| reads this list.
|
|
| http://www.eff.org/IP/DMCA/states/200304_sdmca_eff_analysis.php
|
| The proposed super-DMCA statutes reverse this traditional rule. Under
| these statutes, you would not be entitled to connect anything to your
| cable, satellite, or DSL line without the express permission of your
| service provider. The model MPAA bill accomplishes this by making it a
| crime to possess a device to "receive … transmit, [or] re-transmit"
| any communication service without the "express authorization" of the
| communication service provider. The various pending state bills
| include similar language.
|
| This provision would make you a criminal for simply connecting a TV,
| PC, TiVo or VCR (all of which can "receive" communication services) to
| the cable TV line in your living room without your cable company's
| permission. It could also make you a criminal for connecting a Wi-Fi
| wireless gateway (which can "retransmit" Internet traffic) to your DSL
| or cable modem line without the permission of your ISP. "
|
| Take particular note of the one-sided attorney's fee provision (You
| loose, you pay for both sides fees. You win, MPAA doesn't pay yours).
| and automatic injunctions (without their having to prove they suffered
| any harm).
|
| And Remote downgrades, abusive damages, etc. etc.
|
| Maybe it's time to boycott all American Movies and Music before
| the MPAA gets world domination through through stealth legislation.
| And write your state legislatures before it's too late!

--

- Jim

Darren Pilgrim
22/04/03, 23:35
alaskan@telusplanet.net wrote:

>Not sure if this is alarmist, or even the correct venue to address
>this issue, but I would think it worthy of mention to everyone who
>reads this list.

It is alarmist because you didn't take into account permission that is given
automatically by the provider.

>http://www.eff.org/IP/DMCA/states/200304_sdmca_eff_analysis.php
<...>
>This provision would make you a criminal for simply connecting a TV,
>PC, TiVo or VCR (all of which can "receive" communication services) to
>the cable TV line in your living room without your cable company's
>permission.

The cable company assumes you're going to connect the above equipment to your
cable service. Also, considering that most companies provide converter boxes
to use with the service, providing that equipment is the express permission to
connect devices to the service. The self-install guide that came with my cable
box even has a specific set of steps for connecting a VCR/PVR inline with the
TV.

On the other hand, if they decide to limit what you connect, it's going to
create massive headaches and overhead for them. There isn't any unique
identifier mechanism in home AV equipment, so they would have to do regular
physical checks of customer installations. Truck rolls are expensive, and in
this case, they would have to eat the cost.

>It could also make you a criminal for connecting a Wi-Fi
>wireless gateway (which can "retransmit" Internet traffic) to your DSL
>or cable modem line without the permission of your ISP. "

This is the same issue as above. Wireless is a non-issue, since AUPs already
contain rules that prohibit the connection of open access points.