1 00:00:04,080 --> 00:00:07,080 Speaker 1: Get in touch with technology with tex Stuff from how 2 00:00:07,120 --> 00:00:16,480 Speaker 1: stuff dot com. Pathan, everyone, and welcome to text Stuff. 3 00:00:16,480 --> 00:00:19,560 Speaker 1: I'm Jonathan Strickland and I'm We're going to talk about 4 00:00:19,560 --> 00:00:23,440 Speaker 1: a super fun topic today. We are both repped up. 5 00:00:23,680 --> 00:00:27,000 Speaker 1: It is the d m c A, the Digital Millennium 6 00:00:27,040 --> 00:00:33,400 Speaker 1: Copyright Act of nineteen Yes, uh yeah. The reason we're 7 00:00:33,400 --> 00:00:36,320 Speaker 1: covering this, obviously is because the d m c A 8 00:00:36,400 --> 00:00:37,920 Speaker 1: is one of those things a lot of people cite, 9 00:00:38,600 --> 00:00:42,760 Speaker 1: uh in various uh discussions online, things about you know 10 00:00:42,960 --> 00:00:45,640 Speaker 1: what what pertains to copyright law of that kind of stuff, 11 00:00:45,760 --> 00:00:47,760 Speaker 1: and we thought it might be helpful to actually go 12 00:00:47,880 --> 00:00:51,320 Speaker 1: through and talk about this this what it actually is, 13 00:00:51,360 --> 00:00:53,479 Speaker 1: what it actually says, and some of the ways that 14 00:00:53,560 --> 00:00:56,800 Speaker 1: it has interacted with with us in in the real world, 15 00:00:56,880 --> 00:00:59,280 Speaker 1: the hypothetical real world that I keep hearing about and 16 00:00:59,400 --> 00:01:01,760 Speaker 1: don't actually we see all that often. No, that's because 17 00:01:01,800 --> 00:01:04,880 Speaker 1: we play a little halo. But yeah, now they the 18 00:01:04,880 --> 00:01:08,839 Speaker 1: the whole reason we're tackling this again is that it's 19 00:01:09,120 --> 00:01:10,880 Speaker 1: it's you know, when we talk about piracy, and we 20 00:01:10,920 --> 00:01:13,600 Speaker 1: talked about copyright, and we talk about intellectual property and 21 00:01:13,920 --> 00:01:18,400 Speaker 1: safe haven. Most of that has to do with the 22 00:01:18,880 --> 00:01:21,559 Speaker 1: various copyright laws, at least here in the United States 23 00:01:21,640 --> 00:01:23,560 Speaker 1: that we have several copyright laws, but a lot of 24 00:01:23,560 --> 00:01:25,800 Speaker 1: it refers back to the d m c A. And 25 00:01:25,840 --> 00:01:28,000 Speaker 1: the reason why the d m c A is even 26 00:01:28,000 --> 00:01:31,680 Speaker 1: a thing is because once we started entering the digital era, 27 00:01:32,840 --> 00:01:36,800 Speaker 1: the landscape changed dramatically. All right. So before the digital era, 28 00:01:36,840 --> 00:01:40,280 Speaker 1: when everything was analog, you could make copies of stuff, 29 00:01:40,360 --> 00:01:43,600 Speaker 1: but it tended to be uh slow. It tended to 30 00:01:43,600 --> 00:01:45,399 Speaker 1: take a lot of effort on the part of the 31 00:01:45,400 --> 00:01:48,160 Speaker 1: person making the copy. It was not easy for your 32 00:01:48,240 --> 00:01:51,440 Speaker 1: average person to make a copy of something and then 33 00:01:51,480 --> 00:01:53,960 Speaker 1: distributed it right for you, you know. For for example, 34 00:01:54,040 --> 00:01:56,120 Speaker 1: before digital books, in order to make a copy of 35 00:01:56,120 --> 00:01:57,800 Speaker 1: a book, you had to either um, you know, put 36 00:01:57,840 --> 00:02:01,480 Speaker 1: it on a copy machine, or in olden days, break 37 00:02:01,520 --> 00:02:05,800 Speaker 1: into a printing press room or hold hold some monks 38 00:02:05,800 --> 00:02:11,000 Speaker 1: at crossbow point and say illuminate the script faster. Um. Yeah, 39 00:02:11,160 --> 00:02:13,760 Speaker 1: it was not easy. And so while there were protections 40 00:02:13,760 --> 00:02:18,600 Speaker 1: in place to keep intellectual property under the the ownership 41 00:02:18,680 --> 00:02:20,760 Speaker 1: of the person who created it or the entity that 42 00:02:20,800 --> 00:02:22,960 Speaker 1: owned the rights to it, because of course we all 43 00:02:23,000 --> 00:02:26,120 Speaker 1: know the copyright holder is not necessarily the person who 44 00:02:26,120 --> 00:02:31,040 Speaker 1: actually made yes, but anyway, there were laws in place 45 00:02:31,080 --> 00:02:34,800 Speaker 1: to protect that property. But you know, the it was 46 00:02:34,960 --> 00:02:38,800 Speaker 1: pretty easy to combat the any sort of piracy just 47 00:02:38,840 --> 00:02:41,440 Speaker 1: because it was it was a lot of trouble to 48 00:02:41,600 --> 00:02:44,880 Speaker 1: pirates stuff. Uh. You know, I can remember back in 49 00:02:44,919 --> 00:02:47,720 Speaker 1: the day when I was a little kid occasionally using 50 00:02:47,720 --> 00:02:51,160 Speaker 1: a cassette recorder to copy a song that was playing 51 00:02:51,200 --> 00:02:55,320 Speaker 1: on the radio. So yeah, okay, so right. But but 52 00:02:55,440 --> 00:02:59,400 Speaker 1: until right until U cassette's both video and audio came out, 53 00:02:59,520 --> 00:03:02,000 Speaker 1: it wasn't so much an issue. No, no, And and 54 00:03:02,040 --> 00:03:05,880 Speaker 1: in fact, the various industries that have an interest in 55 00:03:06,120 --> 00:03:11,800 Speaker 1: distributing and producing and distributing media very much opposed things 56 00:03:11,840 --> 00:03:17,320 Speaker 1: like cassettes and video tapes. But eventually the government said, no, 57 00:03:17,560 --> 00:03:21,040 Speaker 1: the benefit of this outweighs the the potential threat to 58 00:03:21,080 --> 00:03:23,880 Speaker 1: your industry, and in many ways they were They were 59 00:03:24,000 --> 00:03:26,560 Speaker 1: very much right, because again it just was not easy 60 00:03:26,639 --> 00:03:29,840 Speaker 1: to circumvent that stuff. But once we get into the 61 00:03:29,880 --> 00:03:32,640 Speaker 1: digital era, now you're talking about the ability to take 62 00:03:33,280 --> 00:03:36,960 Speaker 1: information zeros and ones is ultimately what we're talking about here. 63 00:03:37,640 --> 00:03:40,280 Speaker 1: You could take information and you can make copies of 64 00:03:40,280 --> 00:03:44,200 Speaker 1: it relatively easily and distribute it relatively easily, especially once 65 00:03:44,240 --> 00:03:48,240 Speaker 1: the Internet internet became so now now we're in an 66 00:03:48,240 --> 00:03:51,320 Speaker 1: era where you could have a book published and someone 67 00:03:51,320 --> 00:03:55,240 Speaker 1: could take a digital version of that book, strip away 68 00:03:55,280 --> 00:03:57,760 Speaker 1: any sort of copyright protection that happens to be there, 69 00:03:58,080 --> 00:04:02,119 Speaker 1: and distribute it freely to whomever they like. And obviously 70 00:04:02,200 --> 00:04:05,600 Speaker 1: the various publication industries, music industries, movie television, all that 71 00:04:05,640 --> 00:04:08,600 Speaker 1: kind of stuff, they were very much concerned about this, 72 00:04:08,720 --> 00:04:12,960 Speaker 1: and and rightfully so, because if it is easier to 73 00:04:13,040 --> 00:04:15,960 Speaker 1: get at the material by pirrating it than by buying it, 74 00:04:16,120 --> 00:04:18,359 Speaker 1: that's what people are gonna do. Well. Sure, and there 75 00:04:18,480 --> 00:04:20,400 Speaker 1: there's a little bit of contention about that, you know, 76 00:04:20,480 --> 00:04:23,200 Speaker 1: studies and pretty informal studies as if you have the 77 00:04:23,200 --> 00:04:27,000 Speaker 1: people have done about how being able to preview something 78 00:04:27,040 --> 00:04:31,160 Speaker 1: for free actually increases sales on that paid object. Sure, 79 00:04:31,480 --> 00:04:34,880 Speaker 1: but there's there's a lot of anecdotal evidence that says 80 00:04:35,000 --> 00:04:38,320 Speaker 1: that pirates tend to buy more stuff than anyone else does. 81 00:04:38,440 --> 00:04:41,320 Speaker 1: So in other words, like a pirate will will download 82 00:04:41,720 --> 00:04:45,600 Speaker 1: a torrent of a movie or a television show, really 83 00:04:45,680 --> 00:04:47,279 Speaker 1: enjoy it, and then go out and buy a copy 84 00:04:47,320 --> 00:04:49,559 Speaker 1: of it because they want to have that legitimate copy. 85 00:04:49,600 --> 00:04:52,120 Speaker 1: Has all the bells and whistles, right, Although publishers are 86 00:04:52,120 --> 00:04:54,359 Speaker 1: starting to take steps these days, you know, and letting 87 00:04:54,360 --> 00:04:58,400 Speaker 1: you preview more and more of songs online or or 88 00:04:58,600 --> 00:05:00,680 Speaker 1: or access and things or something like Netflix, so that 89 00:05:00,720 --> 00:05:02,800 Speaker 1: you can really check something out and see it's something 90 00:05:02,800 --> 00:05:05,320 Speaker 1: that you're interested in purchasing before you right, and Amazon 91 00:05:05,440 --> 00:05:08,120 Speaker 1: has a lending library. So but all of these things 92 00:05:08,160 --> 00:05:10,599 Speaker 1: are kind of subscription based, so you're still paying into 93 00:05:10,600 --> 00:05:13,599 Speaker 1: a system. It's just now you're you've gotten a lot 94 00:05:13,720 --> 00:05:16,440 Speaker 1: more options instead of just I want to buy this 95 00:05:16,520 --> 00:05:19,560 Speaker 1: site unseen and hopefully I will like it. But anyway, 96 00:05:19,640 --> 00:05:22,000 Speaker 1: so the d m c A was was this series 97 00:05:22,320 --> 00:05:26,080 Speaker 1: of tweaks to existing law in the United States, and 98 00:05:26,160 --> 00:05:29,159 Speaker 1: itself was not just a brand new law. It was 99 00:05:29,200 --> 00:05:33,239 Speaker 1: really to add amendments to existing law in the US, 100 00:05:33,360 --> 00:05:38,080 Speaker 1: and it was trying to bring US law into alignment 101 00:05:38,120 --> 00:05:43,279 Speaker 1: with world the world intellectual property treaties from two of 102 00:05:43,279 --> 00:05:46,480 Speaker 1: them in particular, one called the Wipeo Copyright Treaty and 103 00:05:46,480 --> 00:05:51,040 Speaker 1: one called the Wipeo Performances and Phonograms Treaty. And so 104 00:05:51,360 --> 00:05:54,080 Speaker 1: this was also to kind of help make a united 105 00:05:54,200 --> 00:05:58,600 Speaker 1: front and on the global scale of copyright holders versus 106 00:05:58,720 --> 00:06:02,000 Speaker 1: the evil, nasty, horrible pirates who are going to destroy 107 00:06:02,040 --> 00:06:07,120 Speaker 1: everything from within. Yeah, those those WIDEO treaties were introduced 108 00:06:07,120 --> 00:06:11,560 Speaker 1: in n six seven. The d m c A was 109 00:06:11,600 --> 00:06:16,200 Speaker 1: originally sponsored by Republican Howard Koble of North Carolina in 110 00:06:16,320 --> 00:06:19,679 Speaker 1: the US House. Yep and uh. And it went through 111 00:06:19,720 --> 00:06:24,520 Speaker 1: several revisions, a few iterations that ended up adding some 112 00:06:24,680 --> 00:06:28,240 Speaker 1: interesting things which we will get to. Um can't wait 113 00:06:28,279 --> 00:06:29,800 Speaker 1: to get to it. I am just chomping at the 114 00:06:29,839 --> 00:06:32,200 Speaker 1: bit to get to the end of this podcast. It finally, 115 00:06:32,240 --> 00:06:37,480 Speaker 1: it finally passed in October when then President Bill Clinton 116 00:06:37,560 --> 00:06:40,479 Speaker 1: signed it yep, signed into law. So let's kind of 117 00:06:40,560 --> 00:06:43,880 Speaker 1: start talking about what is actually in the d m 118 00:06:43,920 --> 00:06:47,760 Speaker 1: c A. It's divided into five titles or five sections, 119 00:06:48,240 --> 00:06:50,760 Speaker 1: and the first two titles are the ones that have 120 00:06:51,560 --> 00:06:55,839 Speaker 1: the most interesting content from where we are, so we're 121 00:06:55,839 --> 00:06:58,359 Speaker 1: gonna we're gonna really constrain those first two titles, but 122 00:06:58,839 --> 00:07:02,520 Speaker 1: don't worry, the other three will get covered because title 123 00:07:02,560 --> 00:07:06,359 Speaker 1: five is a doozy alright. So title one, this is 124 00:07:06,560 --> 00:07:08,400 Speaker 1: from a summary of the d m c A. So 125 00:07:08,400 --> 00:07:14,480 Speaker 1: I'm gonna just read the little blurb verbatim. The white 126 00:07:14,520 --> 00:07:17,720 Speaker 1: bo copyright and performances in phonograms Treaties Implementation Act of 127 00:07:18,720 --> 00:07:21,280 Speaker 1: implements the White bo Treaties, and so it amends US 128 00:07:21,360 --> 00:07:24,000 Speaker 1: law to provide appropriate references and links to the White 129 00:07:24,000 --> 00:07:27,520 Speaker 1: Bow Treaties. It also prohibits their convention of technological measures 130 00:07:27,600 --> 00:07:30,120 Speaker 1: used by copyright owners to protect their works, such as 131 00:07:30,240 --> 00:07:32,720 Speaker 1: dr M. That I added these such as DRM. By 132 00:07:32,760 --> 00:07:35,320 Speaker 1: the way, that's not in the original language. It is 133 00:07:35,440 --> 00:07:39,080 Speaker 1: very important. Yes, adds civil remedies and criminal penalties for 134 00:07:39,200 --> 00:07:42,160 Speaker 1: violating the prohibitions. So, in other words, this is the 135 00:07:42,160 --> 00:07:43,440 Speaker 1: part of the d m c A that makes it 136 00:07:43,480 --> 00:07:47,880 Speaker 1: illegal to try and get around copy protection. So if 137 00:07:47,920 --> 00:07:51,680 Speaker 1: that copy protection is something that's physically part of a 138 00:07:51,800 --> 00:07:56,160 Speaker 1: device that plays digital media, or if it's something that's 139 00:07:56,320 --> 00:08:00,160 Speaker 1: within the digital media itself so software based. Uh, this 140 00:08:00,760 --> 00:08:02,800 Speaker 1: by by the definition of the d m c A 141 00:08:03,600 --> 00:08:07,520 Speaker 1: illegal to circumvent that in any way unless unless there 142 00:08:07,560 --> 00:08:11,800 Speaker 1: are certain circumstances in play. Right and its specifically UM 143 00:08:11,840 --> 00:08:17,520 Speaker 1: covers unauthorized access, but not unauthorized copying only for fair use. 144 00:08:18,480 --> 00:08:21,680 Speaker 1: Right unauthorized copy is still covered if it's not for 145 00:08:21,800 --> 00:08:25,320 Speaker 1: fair use. So that that raises the question what is 146 00:08:25,480 --> 00:08:28,720 Speaker 1: fair use. Fair use is this concept where you are 147 00:08:28,760 --> 00:08:32,480 Speaker 1: allowed to use someone else's work, some other copyrighted work 148 00:08:33,120 --> 00:08:36,800 Speaker 1: in very specific specific circumstances, such as if you were 149 00:08:36,880 --> 00:08:41,240 Speaker 1: providing commentary about that work. So let's say, for example, 150 00:08:41,600 --> 00:08:45,120 Speaker 1: that Lauren and I wanted to take something that had 151 00:08:45,160 --> 00:08:48,480 Speaker 1: been published and copyrighted. Uh, and it's about technology, and 152 00:08:48,520 --> 00:08:51,960 Speaker 1: we wanted to really critique it and explain it and 153 00:08:52,040 --> 00:08:54,560 Speaker 1: explore it and and add to it with our own 154 00:08:54,600 --> 00:08:57,559 Speaker 1: point points of view. Uh, And we wanted to quote 155 00:08:57,600 --> 00:09:00,880 Speaker 1: an entire page of that work. Well, as long as 156 00:09:00,880 --> 00:09:05,760 Speaker 1: we're doing it responsibly, and we are actually providing commentary 157 00:09:05,840 --> 00:09:08,480 Speaker 1: that adds to the discussion, as long as we're not 158 00:09:08,520 --> 00:09:12,959 Speaker 1: just broadcasting this back out at you for free, whereas 159 00:09:13,000 --> 00:09:14,560 Speaker 1: normally you would have to pay to get it. As 160 00:09:14,600 --> 00:09:16,120 Speaker 1: long as you know we're adding enough to it to 161 00:09:16,200 --> 00:09:18,520 Speaker 1: make it fair use, Yeah, that would be fair use. 162 00:09:18,640 --> 00:09:21,360 Speaker 1: And so you'll you'll often hear people say, oh, like 163 00:09:21,440 --> 00:09:24,040 Speaker 1: with music, you could play about fifteen seconds of music 164 00:09:24,120 --> 00:09:27,520 Speaker 1: and then that's fair use. No, there is actually not 165 00:09:27,679 --> 00:09:31,640 Speaker 1: a definition of how much work you can quote or 166 00:09:31,840 --> 00:09:36,320 Speaker 1: play that remains free. Like your your your intent and 167 00:09:36,360 --> 00:09:39,640 Speaker 1: your ability to make money off of the product is 168 00:09:40,200 --> 00:09:44,800 Speaker 1: definitely in a lot of consideration. The consideration here. For 169 00:09:44,800 --> 00:09:47,120 Speaker 1: for example, there was a case in two thousand seven 170 00:09:47,200 --> 00:09:51,360 Speaker 1: Stephanie Lens versus Universal Move Music Corporation, which was really interesting. 171 00:09:51,400 --> 00:09:53,160 Speaker 1: I'm kind of cutting into the middle of the meat here, 172 00:09:53,160 --> 00:09:54,800 Speaker 1: but but I wanted to bring this up. We're talking 173 00:09:54,800 --> 00:09:56,680 Speaker 1: about fair use because this was a This was a 174 00:09:56,679 --> 00:09:58,959 Speaker 1: woman who uploaded a picture of her thirteen month old 175 00:09:58,960 --> 00:10:03,080 Speaker 1: baby dancing to princes let's go crazy onto YouTube, UM 176 00:10:03,480 --> 00:10:05,280 Speaker 1: have fun times for everybody, right. It was a twenty 177 00:10:05,320 --> 00:10:09,040 Speaker 1: nine second clip, and Universal told YouTube to take it down. 178 00:10:09,240 --> 00:10:13,080 Speaker 1: They said, this violates copyright law. She did not ask 179 00:10:13,120 --> 00:10:15,719 Speaker 1: for permission to Prince to to use that song. Take 180 00:10:15,760 --> 00:10:18,000 Speaker 1: it down. They did take it down, and she she 181 00:10:18,120 --> 00:10:22,840 Speaker 1: soon Universal for UM legal fees to contact YouTube to 182 00:10:22,880 --> 00:10:26,480 Speaker 1: get it back up, and also for just just messing 183 00:10:26,520 --> 00:10:29,720 Speaker 1: with your life, and and and and the judge ruled 184 00:10:29,920 --> 00:10:32,840 Speaker 1: in that particular case that that it was fair use, 185 00:10:33,080 --> 00:10:36,480 Speaker 1: and that also UM companies really do need to check 186 00:10:36,520 --> 00:10:39,240 Speaker 1: that fair use isn't being broken before they ask for 187 00:10:39,400 --> 00:10:41,800 Speaker 1: content to be removed. Yeah, you'll often hear about that too. 188 00:10:41,840 --> 00:10:44,200 Speaker 1: I mean, there's a I don't I didn't write down 189 00:10:44,240 --> 00:10:46,600 Speaker 1: this particular instance, but I know for a fact that 190 00:10:46,640 --> 00:10:48,240 Speaker 1: it happened because I know some of the people who 191 00:10:48,240 --> 00:10:52,800 Speaker 1: are involved. UH this Weekend Text Tech News Today, Uh, 192 00:10:52,840 --> 00:10:57,400 Speaker 1: The The That's a show that's done with Sarah Lane, 193 00:10:57,640 --> 00:11:02,120 Speaker 1: Tom Merritt and i Azactar Leo Reports Network. They did 194 00:11:02,440 --> 00:11:05,600 Speaker 1: a a show that at one point they were talking 195 00:11:05,640 --> 00:11:08,800 Speaker 1: about a video that was also a copyright of work, 196 00:11:08,960 --> 00:11:11,960 Speaker 1: and so part of that their show is both an 197 00:11:11,960 --> 00:11:14,560 Speaker 1: audio podcast and a video podcast. You can get it 198 00:11:14,600 --> 00:11:19,000 Speaker 1: in either format, and the video podcasts also get uploaded 199 00:11:19,040 --> 00:11:22,160 Speaker 1: to YouTube. YouTube ended up taking that one down when 200 00:11:22,160 --> 00:11:25,679 Speaker 1: they got a request from the owner of the video, 201 00:11:25,760 --> 00:11:30,360 Speaker 1: even though it was very much evident that this was 202 00:11:30,400 --> 00:11:33,040 Speaker 1: a case where it was fair uses in play because 203 00:11:33,040 --> 00:11:35,920 Speaker 1: they were providing commentary about the video itself. They weren't 204 00:11:35,960 --> 00:11:39,840 Speaker 1: just playing the video. It was all about uh, really 205 00:11:39,960 --> 00:11:42,200 Speaker 1: analyzing it and talking about it in a way that 206 00:11:42,600 --> 00:11:47,400 Speaker 1: was was transformative. And uh it took quite some time 207 00:11:47,440 --> 00:11:52,240 Speaker 1: to get that turned around. On YouTube's defense, I will 208 00:11:52,280 --> 00:11:56,000 Speaker 1: say that if they don't act quickly, bad things can 209 00:11:56,080 --> 00:11:58,199 Speaker 1: happen to YouTube. But we'll get into that. That's a 210 00:11:58,200 --> 00:12:00,760 Speaker 1: little bit later into the m c A. UH title 211 00:12:00,800 --> 00:12:04,120 Speaker 1: one also covers some other stuff. One thing it says 212 00:12:04,320 --> 00:12:08,040 Speaker 1: is that if you are talking about public domain public domains. 213 00:12:08,040 --> 00:12:09,920 Speaker 1: Another thing we need to talk about public domain is 214 00:12:09,960 --> 00:12:15,719 Speaker 1: when you have a work that has existed longer than 215 00:12:15,760 --> 00:12:22,079 Speaker 1: copyright protection will cover that work. So it varies from 216 00:12:22,080 --> 00:12:24,760 Speaker 1: country to country. So, for example, let's just say what 217 00:12:24,880 --> 00:12:29,319 Speaker 1: will make a hypothetical example. Let's say that a country 218 00:12:29,360 --> 00:12:32,439 Speaker 1: protects any copyright of work for twenty years. After a 219 00:12:32,840 --> 00:12:35,920 Speaker 1: work has existed for more than twenty years, it enters 220 00:12:35,960 --> 00:12:38,520 Speaker 1: into the public domain, meaning anyone can use it any 221 00:12:38,520 --> 00:12:40,600 Speaker 1: way they like. You can publish as many you could 222 00:12:40,640 --> 00:12:43,040 Speaker 1: take that work. You could print out your own copies. 223 00:12:43,160 --> 00:12:45,079 Speaker 1: You could distribute them freely. You could run down the 224 00:12:45,120 --> 00:12:48,319 Speaker 1: street laughing like a maniac and chucking copies at people's heads. 225 00:12:48,720 --> 00:12:52,720 Speaker 1: Uh that sometimes around band booked week with with Mark 226 00:12:52,800 --> 00:12:56,120 Speaker 1: Twain properties for example, you could get arrested for some 227 00:12:56,160 --> 00:12:58,400 Speaker 1: form of assault and battery that way, but you won't 228 00:12:58,400 --> 00:13:01,360 Speaker 1: be arrested for distributing copyright at work. Because it's in 229 00:13:01,400 --> 00:13:04,800 Speaker 1: the public domain. You can do whatever you like with it. Again, 230 00:13:05,160 --> 00:13:08,719 Speaker 1: the amount of time that a work exists before it's 231 00:13:08,720 --> 00:13:11,280 Speaker 1: in public domain varies by country to country, and in 232 00:13:11,320 --> 00:13:14,520 Speaker 1: the United States, for example, that number keeps going up 233 00:13:14,640 --> 00:13:18,400 Speaker 1: because we have some pretty powerful people who are saying like, no, no, no, 234 00:13:18,480 --> 00:13:21,600 Speaker 1: we we really want to keep snow White for example, Yeah, 235 00:13:22,640 --> 00:13:25,600 Speaker 1: even though it published in there's a certain mouse that 236 00:13:25,640 --> 00:13:31,920 Speaker 1: has had a large amount of influence on this particular subject. Yeah, 237 00:13:32,120 --> 00:13:35,520 Speaker 1: it's very true. Disney has been very active in keeping 238 00:13:35,800 --> 00:13:38,640 Speaker 1: uh you know, adding more years to what would be 239 00:13:38,679 --> 00:13:41,760 Speaker 1: considered copyright. And then there's the question of well, can 240 00:13:41,800 --> 00:13:45,880 Speaker 1: we transfer it so that, uh, even after the copyright 241 00:13:45,920 --> 00:13:50,440 Speaker 1: holder has passed away, or maybe the company turns into 242 00:13:50,480 --> 00:13:52,840 Speaker 1: something else, like, can we keep it so that those 243 00:13:52,920 --> 00:13:56,439 Speaker 1: rights continue can be transferred to the next Yeah. So 244 00:13:56,440 --> 00:13:58,120 Speaker 1: so there are a lot of issues with that. Well, 245 00:13:58,160 --> 00:14:02,160 Speaker 1: the title one of dmc A tells us that the 246 00:14:02,160 --> 00:14:06,640 Speaker 1: the rules about public domain revert to the country of 247 00:14:06,720 --> 00:14:10,440 Speaker 1: origin of that work. So if the work was produced 248 00:14:10,520 --> 00:14:14,440 Speaker 1: in uh, say, France, then whatever France's rules are for 249 00:14:14,760 --> 00:14:17,120 Speaker 1: public domain would be in play no matter where else 250 00:14:17,160 --> 00:14:19,040 Speaker 1: in the world you might be, or well, in this case, 251 00:14:19,080 --> 00:14:22,400 Speaker 1: in the United States, because DMC only covers the US. Clearly, 252 00:14:23,000 --> 00:14:25,400 Speaker 1: right right in the United States, is not adding jurisdiction 253 00:14:25,400 --> 00:14:28,360 Speaker 1: of the entire world here. They are not. However, an 254 00:14:28,360 --> 00:14:30,840 Speaker 1: important part of that title one is that um. It 255 00:14:31,000 --> 00:14:33,800 Speaker 1: names the US as a member country of of WIPO, 256 00:14:34,360 --> 00:14:37,240 Speaker 1: and it really and says that it provides equal protection 257 00:14:37,280 --> 00:14:39,640 Speaker 1: to any other member country of WIPO in the United 258 00:14:39,640 --> 00:14:42,400 Speaker 1: States any any work from Yeah. So in other words, 259 00:14:42,480 --> 00:14:45,960 Speaker 1: it's supposed to apply the same rules and same rigor 260 00:14:46,560 --> 00:14:49,640 Speaker 1: h for any copyrighted work that's under threat from a 261 00:14:49,640 --> 00:14:52,200 Speaker 1: WIPO country as it would for anything that's from the 262 00:14:52,280 --> 00:14:56,840 Speaker 1: United States. So no preferential treatment for US versus non US. 263 00:14:56,960 --> 00:15:00,520 Speaker 1: And also with this public domain issue, you defer to 264 00:15:00,560 --> 00:15:04,000 Speaker 1: the rules of the country of origin. So whichever country 265 00:15:04,520 --> 00:15:07,800 Speaker 1: produced said work, that's the rules that apply for public 266 00:15:07,800 --> 00:15:12,160 Speaker 1: domain UM and uh the the whole unauthorized access versus 267 00:15:12,240 --> 00:15:17,760 Speaker 1: unauthorized copying. There are some exemptions that are allowed, but 268 00:15:18,280 --> 00:15:22,600 Speaker 1: they are pretty specific. For one thing, law enforcement, intelligence 269 00:15:22,640 --> 00:15:25,880 Speaker 1: and other governmental agencies are exempt from Title one, so 270 00:15:26,400 --> 00:15:29,640 Speaker 1: uh the you know, the FBI doesn't have to worry 271 00:15:29,760 --> 00:15:33,160 Speaker 1: about following these rules that kind of thing. Other exceptions 272 00:15:33,160 --> 00:15:37,000 Speaker 1: apply to nonprofit library, archive, and educational institutions that wish 273 00:15:37,080 --> 00:15:41,520 Speaker 1: to obtain authorized access to works. So again, uh the 274 00:15:41,680 --> 00:15:44,640 Speaker 1: access still has to be authorized. They can't circumvent and 275 00:15:44,640 --> 00:15:46,200 Speaker 1: they can't do it i'll will and nilly, they have 276 00:15:46,240 --> 00:15:48,760 Speaker 1: to ask, right, but they can make copies if it's 277 00:15:48,800 --> 00:15:52,560 Speaker 1: for archival purposes. So in that sense, because I remember 278 00:15:52,560 --> 00:15:55,120 Speaker 1: there's two sections here. There's the access and then there's 279 00:15:55,120 --> 00:15:57,920 Speaker 1: the actual copying, because there's been a lot of questions 280 00:15:57,920 --> 00:16:02,080 Speaker 1: about that, UH, and and the about the you know, 281 00:16:02,160 --> 00:16:07,040 Speaker 1: making things like a gadget that could circumvent uh, the 282 00:16:07,120 --> 00:16:11,880 Speaker 1: access block part that's illegal. But but creating a gadget 283 00:16:11,920 --> 00:16:14,880 Speaker 1: that can get around the copy protection is not illegal. 284 00:16:15,360 --> 00:16:17,720 Speaker 1: It's just the access part that you have to worry about. 285 00:16:17,800 --> 00:16:20,000 Speaker 1: And again it's not illegal, but you have to use 286 00:16:20,000 --> 00:16:23,160 Speaker 1: it in very specific circumstances to not get in trouble. 287 00:16:24,120 --> 00:16:28,400 Speaker 1: Other exceptions include reverse engineering for computer programmers. So if 288 00:16:28,440 --> 00:16:32,040 Speaker 1: you're trying to make a computer program that can be 289 00:16:32,120 --> 00:16:36,120 Speaker 1: interoperable with an existing program, then you can start making 290 00:16:36,120 --> 00:16:38,680 Speaker 1: copies of the existing program in an effort to learn 291 00:16:38,720 --> 00:16:40,760 Speaker 1: how it works so that you can make sure that 292 00:16:40,840 --> 00:16:44,920 Speaker 1: your new software works seamlessly with the old software. That's 293 00:16:44,960 --> 00:16:48,280 Speaker 1: really what that was there to protect. Encryption research is protected, 294 00:16:48,360 --> 00:16:52,240 Speaker 1: so UH, if your work is designed to analyze, evaluate, 295 00:16:52,280 --> 00:16:56,320 Speaker 1: and improve encryption technologies, you're protected also for the protection 296 00:16:56,320 --> 00:16:58,640 Speaker 1: of miners. So if there's any technology that's designed to 297 00:16:58,720 --> 00:17:02,560 Speaker 1: limit access to materials that you know are considered to 298 00:17:02,560 --> 00:17:05,760 Speaker 1: be harmful to minors, but it would otherwise violate part 299 00:17:05,760 --> 00:17:08,600 Speaker 1: of Title one, those are exempt from the Title one 300 00:17:08,720 --> 00:17:12,679 Speaker 1: issues as well. And then there's personal privacy, which is 301 00:17:12,720 --> 00:17:14,840 Speaker 1: if the technology that was used to protect a work 302 00:17:14,880 --> 00:17:19,960 Speaker 1: would gain or disseminate unauthorized information about a quote natural 303 00:17:20,080 --> 00:17:25,040 Speaker 1: person unquote, it can be circumvented. So if you were 304 00:17:25,080 --> 00:17:28,920 Speaker 1: to put DRM on something and that DRM, as part 305 00:17:28,960 --> 00:17:31,840 Speaker 1: of what it does besides protecting the copyrighted work, would 306 00:17:31,840 --> 00:17:34,880 Speaker 1: also gather information about you, you can you can then 307 00:17:34,920 --> 00:17:38,840 Speaker 1: circumvent because because they consider that the dissemination of the 308 00:17:38,880 --> 00:17:44,879 Speaker 1: private information is worse than circumventing the DRM. And finally, UH, 309 00:17:44,960 --> 00:17:49,480 Speaker 1: security testing is also exempt from this. So uh yeah, 310 00:17:49,520 --> 00:17:53,360 Speaker 1: any devices that are primarily designed or produced to circumvent 311 00:17:53,960 --> 00:17:58,880 Speaker 1: h copyright protection, uh, that have only limited commercially significant 312 00:17:58,880 --> 00:18:02,520 Speaker 1: purpose or use other than to circumvent or are marketed 313 00:18:02,600 --> 00:18:08,280 Speaker 1: for use in circumventing our big no nos under Title one. Yeah, 314 00:18:08,359 --> 00:18:13,080 Speaker 1: this is this is some interesting stuff. So again, really 315 00:18:13,160 --> 00:18:16,200 Speaker 1: it's the access that's the big deal here. Copying. Copying 316 00:18:16,320 --> 00:18:18,800 Speaker 1: is still a problem. You know, you can't just copy 317 00:18:18,960 --> 00:18:21,840 Speaker 1: like crazy. You have to be able to justify it 318 00:18:21,920 --> 00:18:24,880 Speaker 1: under those rules I was talking about. But the access 319 00:18:24,960 --> 00:18:28,000 Speaker 1: is definitely a big issue. So in other words, if 320 00:18:28,000 --> 00:18:31,840 Speaker 1: something is behind a paywall, you can't circumvent the paywall 321 00:18:31,880 --> 00:18:35,120 Speaker 1: to get at the stuff, because that's talking about access. Now, 322 00:18:35,160 --> 00:18:37,240 Speaker 1: if you if you don't have a paywall, if you 323 00:18:37,240 --> 00:18:40,560 Speaker 1: can freely access it um or you've paid to get 324 00:18:40,560 --> 00:18:43,240 Speaker 1: through it, then making the copy, that's more of a 325 00:18:43,359 --> 00:18:45,760 Speaker 1: question of do you fall under one of those exemptions? 326 00:18:46,200 --> 00:18:49,080 Speaker 1: Right right? Uh? It does also say maybe you were 327 00:18:49,080 --> 00:18:50,480 Speaker 1: getting to this one, but I thought that this one 328 00:18:50,560 --> 00:18:53,480 Speaker 1: was particularly interesting. It does. It says that it does 329 00:18:53,560 --> 00:18:56,480 Speaker 1: not and will never mandate that the design of products 330 00:18:56,600 --> 00:19:00,359 Speaker 1: be be such that they specifically prevent the creation of 331 00:19:00,440 --> 00:19:04,440 Speaker 1: devices made to circumvent themselves. It gets a little little 332 00:19:04,960 --> 00:19:09,080 Speaker 1: complicated and timey wymy wibbly wobbly, doesn't it um, It does, 333 00:19:09,119 --> 00:19:12,040 Speaker 1: But but it's really to protect companies and say say 334 00:19:12,080 --> 00:19:15,760 Speaker 1: that if you're designing products, then it's not your problem 335 00:19:15,920 --> 00:19:19,840 Speaker 1: if someone creates something that can circonvent it. One other 336 00:19:19,920 --> 00:19:23,280 Speaker 1: thing that title one covers. It actually says that the 337 00:19:23,280 --> 00:19:28,720 Speaker 1: provision prohibits rights holders, meaning people who own copyright to material. 338 00:19:29,119 --> 00:19:33,560 Speaker 1: It prevents them from applying the copyright prevention or copyright 339 00:19:33,680 --> 00:19:37,720 Speaker 1: circumvention prevention technologies to free television and basic and extended 340 00:19:37,720 --> 00:19:42,920 Speaker 1: Basic tier cable broadcasts, meaning that you can't put copyright 341 00:19:42,920 --> 00:19:46,320 Speaker 1: protection on stuff that is freely distributed in any way. 342 00:19:46,359 --> 00:19:48,480 Speaker 1: So you could not put some sort of copy protection 343 00:19:48,600 --> 00:19:52,960 Speaker 1: over over the air broadcast because of the very nature 344 00:19:52,960 --> 00:19:56,359 Speaker 1: of how it's distributed. Okay, so so share So, so 345 00:19:56,400 --> 00:19:59,200 Speaker 1: if you wanted to record something that was airing on PPS, 346 00:19:59,480 --> 00:20:01,240 Speaker 1: then do it. You could do that. Yeah, anything that 347 00:20:01,320 --> 00:20:04,159 Speaker 1: was on any sort of over the air transmission, you 348 00:20:04,200 --> 00:20:07,760 Speaker 1: would be you would It doesn't fall fall under the 349 00:20:07,840 --> 00:20:09,800 Speaker 1: umbrella of d M c A as as opposed to 350 00:20:09,840 --> 00:20:13,480 Speaker 1: a lot of other digital transmissions or cable transmissions that 351 00:20:13,720 --> 00:20:16,840 Speaker 1: which are here. Here's another thing, like, if that same 352 00:20:17,600 --> 00:20:20,560 Speaker 1: same program that you would have gotten over the air 353 00:20:21,040 --> 00:20:23,560 Speaker 1: on an antenna and you want to record it on 354 00:20:23,600 --> 00:20:27,440 Speaker 1: your your home system, if it's perfectly okay under that circumstance, 355 00:20:27,800 --> 00:20:30,680 Speaker 1: it's not perfectly okay if that same program is being 356 00:20:30,680 --> 00:20:35,240 Speaker 1: distributed over the internet. Interesting, huh, Because it's two different 357 00:20:35,359 --> 00:20:37,840 Speaker 1: means of distribution. It has nothing to do with the content, 358 00:20:38,080 --> 00:20:39,600 Speaker 1: has nothing to do with whether or not it's in 359 00:20:39,640 --> 00:20:42,320 Speaker 1: their copyright, has everything to do with the method of distribution. 360 00:20:43,320 --> 00:20:46,359 Speaker 1: What a crazy world we live in. Do you have 361 00:20:46,359 --> 00:20:51,199 Speaker 1: anything else to say about title one, Lauren, anything else? Um? 362 00:20:51,240 --> 00:20:53,520 Speaker 1: Because it gets crazier from here on out. It does 363 00:20:53,560 --> 00:20:56,119 Speaker 1: get crazier. Now. There's a lot of interesting court cases 364 00:20:56,160 --> 00:20:58,480 Speaker 1: that have come up about what it means to be 365 00:20:58,560 --> 00:21:02,200 Speaker 1: an owner versus a life and see versus a user 366 00:21:02,440 --> 00:21:06,800 Speaker 1: of any of these pieces of media, especially one case 367 00:21:06,960 --> 00:21:10,879 Speaker 1: in two thousand seven Timothy S. Verner versus Autodesk, and 368 00:21:11,119 --> 00:21:13,960 Speaker 1: Verner sued Autodesk because he had been buying all of 369 00:21:13,960 --> 00:21:17,640 Speaker 1: the software from garage sales and selling it on eBay 370 00:21:17,760 --> 00:21:20,520 Speaker 1: and um some of that. One of these things that 371 00:21:20,560 --> 00:21:23,720 Speaker 1: was included was a program called autocat, owned by Autodesk. 372 00:21:24,880 --> 00:21:29,320 Speaker 1: It's a computer assisted design sure um. The user agreement 373 00:21:29,440 --> 00:21:32,800 Speaker 1: in in AutoCAD says that it's you are a licensee 374 00:21:32,800 --> 00:21:35,800 Speaker 1: and that your license to use this as non transferable. 375 00:21:36,560 --> 00:21:40,400 Speaker 1: So whoever buys it, that's who. That's But Verner said 376 00:21:40,400 --> 00:21:41,920 Speaker 1: it wasn't his fault that someone had sold it to 377 00:21:42,000 --> 00:21:43,840 Speaker 1: him at a garage sale and that he should therefore 378 00:21:43,880 --> 00:21:46,399 Speaker 1: have the right to sell it on eBay, and an 379 00:21:46,400 --> 00:21:51,760 Speaker 1: Autodesk said not. And that is interesting. I mean, what 380 00:21:51,800 --> 00:21:54,760 Speaker 1: do you do because the person who sold it, the 381 00:21:54,880 --> 00:21:59,840 Speaker 1: too verner, as essentially the one who's violating that licensing agreement, right, 382 00:22:00,440 --> 00:22:03,480 Speaker 1: But but the courts, the courts upheld out at desk. 383 00:22:03,600 --> 00:22:07,280 Speaker 1: They said, they said, no, because you have entered into 384 00:22:07,359 --> 00:22:10,919 Speaker 1: a legal agreement period, you are responsible for what you do. 385 00:22:11,000 --> 00:22:13,560 Speaker 1: It's weird. I would have said that the person who 386 00:22:13,640 --> 00:22:16,679 Speaker 1: entered the legal agreement was the one who originally bought 387 00:22:16,760 --> 00:22:19,359 Speaker 1: the software, not him, because if he bought it from 388 00:22:19,359 --> 00:22:23,159 Speaker 1: a garage sale, he did not clearly buy it from 389 00:22:23,200 --> 00:22:26,760 Speaker 1: any retailer that was Autodesk. So it's interesting to me, 390 00:22:26,800 --> 00:22:30,080 Speaker 1: not that I'm contesting what you're saying, but it's interesting 391 00:22:30,119 --> 00:22:32,719 Speaker 1: to me that the court would say that because you know, 392 00:22:33,480 --> 00:22:36,600 Speaker 1: they basically ruled that he was never a legitimate owner. Okay, 393 00:22:37,040 --> 00:22:39,800 Speaker 1: got so, So therefore, because he's not a legitimate owner, 394 00:22:39,840 --> 00:22:42,240 Speaker 1: he cannot be a reseller. Cannot be a reseller. Christ 395 00:22:42,280 --> 00:22:43,639 Speaker 1: you know, this is one of those things where it 396 00:22:43,720 --> 00:22:46,800 Speaker 1: kind of it's it brings up that whole idea of 397 00:22:46,840 --> 00:22:49,800 Speaker 1: the right of first sale which is, if you buy something, 398 00:22:49,880 --> 00:22:52,520 Speaker 1: then you have the right to sell it off to 399 00:22:52,560 --> 00:22:56,160 Speaker 1: someone else. The digital era has really changed that as well, 400 00:22:56,280 --> 00:22:58,840 Speaker 1: because you can sell something that's digital and that that's 401 00:22:58,880 --> 00:23:00,800 Speaker 1: the entire that's the entire you that I'm talking about 402 00:23:00,840 --> 00:23:04,680 Speaker 1: with license c R a user versus an owner. Right, Well, 403 00:23:04,720 --> 00:23:08,639 Speaker 1: I and you can understand autodesks point. They might say, well, 404 00:23:08,760 --> 00:23:11,439 Speaker 1: how can we be certain that other than you know, 405 00:23:11,520 --> 00:23:14,960 Speaker 1: through registration, how can we be certain that the copy 406 00:23:15,040 --> 00:23:18,560 Speaker 1: of the of AutoCAD has been white from all the 407 00:23:18,560 --> 00:23:23,320 Speaker 1: computers that the original owner had. So if I bought AutoCAD, 408 00:23:23,640 --> 00:23:28,320 Speaker 1: hypothetically the key wouldn't work, yeah, right, which again, uh, 409 00:23:28,560 --> 00:23:31,439 Speaker 1: the problem is that there are programs out there that 410 00:23:31,480 --> 00:23:34,560 Speaker 1: will generate new keys. Yeah, so you can circumvent it, 411 00:23:34,600 --> 00:23:37,200 Speaker 1: which you're not supposed to do. But yeah, so this 412 00:23:37,359 --> 00:23:40,360 Speaker 1: is interesting. That's interesting that it goes all the way 413 00:23:40,400 --> 00:23:44,040 Speaker 1: down to selling stuff on eBay, right. Yeah. On a 414 00:23:44,080 --> 00:23:46,439 Speaker 1: grander scale, this is the same kind of issue that 415 00:23:46,520 --> 00:23:49,040 Speaker 1: has to do or or title one anyway has to 416 00:23:49,080 --> 00:23:53,840 Speaker 1: do with why unlocking your cell phone is illegal, Because 417 00:23:54,400 --> 00:23:58,200 Speaker 1: disabling the DRM software in a cellphone that that locks 418 00:23:58,200 --> 00:24:01,679 Speaker 1: it to a single carrier is illegal. So you can 419 00:24:01,720 --> 00:24:06,560 Speaker 1: jail break your phone, but you can't you cannot unlock it. Well, 420 00:24:06,600 --> 00:24:08,720 Speaker 1: you're you're you're allowed to. You're littled to jail break 421 00:24:08,720 --> 00:24:13,040 Speaker 1: it to install software, but not unlock it for moving 422 00:24:13,080 --> 00:24:15,840 Speaker 1: it from one to another. And this is a thing 423 00:24:15,880 --> 00:24:19,880 Speaker 1: that once every three years, the Library of Congress sits 424 00:24:19,920 --> 00:24:24,280 Speaker 1: down and reviews complaints that people have submitted to them 425 00:24:24,280 --> 00:24:29,200 Speaker 1: about various bits of legislation and dan law. And during 426 00:24:29,200 --> 00:24:31,919 Speaker 1: one of these, uh, one of these tricycles what are 427 00:24:31,920 --> 00:24:37,200 Speaker 1: they called, try any ill trannial reviews? I like tricycles better. 428 00:24:37,760 --> 00:24:40,080 Speaker 1: During during one of these tricycles recently, the Library of 429 00:24:40,119 --> 00:24:44,080 Speaker 1: Congress um up help this that that, yeah, that jailbreaking 430 00:24:44,119 --> 00:24:47,919 Speaker 1: to another network is not legal because and I do 431 00:24:47,960 --> 00:24:49,679 Speaker 1: not quote, but this is the gist of their argument. 432 00:24:49,680 --> 00:24:51,640 Speaker 1: There are so many devices on the market these days 433 00:24:51,640 --> 00:24:55,600 Speaker 1: that surely you can find one on the network. Blame 434 00:24:55,680 --> 00:25:01,040 Speaker 1: the victim, why don't you? Wow? I definitely feel a 435 00:25:01,080 --> 00:25:02,959 Speaker 1: sting on this one. But then again, I bought my 436 00:25:03,000 --> 00:25:06,280 Speaker 1: phone unlocked already, because I bought a phone that was 437 00:25:06,359 --> 00:25:08,760 Speaker 1: designed to be unlocked, so that you could buy it 438 00:25:08,880 --> 00:25:11,520 Speaker 1: and then put it on whichever network that's still legal. 439 00:25:11,600 --> 00:25:15,920 Speaker 1: By the way, companies can choose to offer up an 440 00:25:16,000 --> 00:25:19,120 Speaker 1: unlocked device. You just cannot take a device that has 441 00:25:19,160 --> 00:25:21,600 Speaker 1: been locked and then unlock it. Yeah, there's a there's 442 00:25:21,640 --> 00:25:26,359 Speaker 1: a bit of authorization again in this issue. Yea. So well, 443 00:25:26,400 --> 00:25:28,439 Speaker 1: you know what, there's a lot more to talk about 444 00:25:28,560 --> 00:25:30,560 Speaker 1: with the d m c A. But before we do, 445 00:25:31,080 --> 00:25:34,359 Speaker 1: let's take a quick moment to thank our sponsor. Alright, 446 00:25:34,359 --> 00:25:36,240 Speaker 1: getting back into the d m c A, we're ready 447 00:25:36,280 --> 00:25:38,359 Speaker 1: to move on to title two. And I know some 448 00:25:38,440 --> 00:25:41,480 Speaker 1: of you are thinking there are five titles here, how 449 00:25:41,520 --> 00:25:43,400 Speaker 1: long is this going to go? But really, titles one 450 00:25:43,440 --> 00:25:45,160 Speaker 1: and two are the big ones, and the other ones 451 00:25:45,200 --> 00:25:46,959 Speaker 1: are well, you know, we'll touch on them, but they 452 00:25:46,960 --> 00:25:51,520 Speaker 1: won't be quite as extensive. So Title two is the 453 00:25:51,560 --> 00:25:56,760 Speaker 1: Online Copyright Infringement Liability Limitation Act, which creates limitations on 454 00:25:56,960 --> 00:26:00,600 Speaker 1: liability for online service providers for copyright and fringement when 455 00:26:00,600 --> 00:26:03,959 Speaker 1: engaged in certain types of activities. So this is of 456 00:26:04,000 --> 00:26:06,479 Speaker 1: course where the term safe harbor comes from. Is this 457 00:26:06,560 --> 00:26:10,200 Speaker 1: title too of the d m c A. So safe 458 00:26:10,280 --> 00:26:12,959 Speaker 1: harbor is essentially this idea that if you are an 459 00:26:13,000 --> 00:26:15,560 Speaker 1: online service provider, and that could be anything from an 460 00:26:15,560 --> 00:26:17,840 Speaker 1: Internet service provider, you know, an I s P to 461 00:26:17,960 --> 00:26:21,960 Speaker 1: a platform that people use on the internet, like like Tumblr, YouTube. 462 00:26:22,080 --> 00:26:25,120 Speaker 1: Yeah exactly that if you provide that service, you are 463 00:26:25,160 --> 00:26:29,920 Speaker 1: not necessarily monetarily liable for any sort of copyright infringement 464 00:26:29,960 --> 00:26:34,439 Speaker 1: that's being performed by the users of your platform. But 465 00:26:34,680 --> 00:26:39,119 Speaker 1: there are again very specific rules in play. It's not 466 00:26:39,160 --> 00:26:41,680 Speaker 1: that you're a given free license. You can't just sit 467 00:26:41,680 --> 00:26:44,399 Speaker 1: there and say safe harbor, safe harbor, I'm okay. You 468 00:26:44,440 --> 00:26:47,320 Speaker 1: have to actually, uh, you know, show that you are 469 00:26:47,400 --> 00:26:50,800 Speaker 1: one unaware that the stuff is going on, and too, 470 00:26:50,920 --> 00:26:54,440 Speaker 1: you cannot be benefiting from the fact that infringement is 471 00:26:54,480 --> 00:26:57,040 Speaker 1: going on, right And and furthermore, if a company contacts 472 00:26:57,080 --> 00:26:59,200 Speaker 1: you and says, hey, this thing is on your site, 473 00:26:59,600 --> 00:27:02,159 Speaker 1: it's it's it's copyright infringement, please take it down, you 474 00:27:02,200 --> 00:27:04,280 Speaker 1: have to do that. You have to respond very quickly. 475 00:27:04,320 --> 00:27:07,040 Speaker 1: And that's one of the reasons why we see these 476 00:27:07,080 --> 00:27:10,919 Speaker 1: these things happen where YouTube will pull something very quickly 477 00:27:10,960 --> 00:27:13,200 Speaker 1: because they have to under the rules of d m 478 00:27:13,280 --> 00:27:17,560 Speaker 1: c A if they received that notification. I mean, there's 479 00:27:18,160 --> 00:27:21,320 Speaker 1: probably several big cases against YouTube that are all about 480 00:27:21,320 --> 00:27:25,240 Speaker 1: copyright infringement. Viacom has a huge case, which is which 481 00:27:25,240 --> 00:27:27,160 Speaker 1: is still going on, that was filed in two thousand 482 00:27:27,160 --> 00:27:31,520 Speaker 1: and seven of our contention of hundred and sixty thousand 483 00:27:31,560 --> 00:27:34,320 Speaker 1: clips that had been viewed fIF one point five billion 484 00:27:34,400 --> 00:27:39,040 Speaker 1: times um and and they were basically saying YouTube you um, 485 00:27:39,560 --> 00:27:42,239 Speaker 1: I'll quote from it. Because YouTube directly profits from the 486 00:27:42,280 --> 00:27:46,199 Speaker 1: available availability of popular infringing works on its site, it 487 00:27:46,240 --> 00:27:49,400 Speaker 1: has decided decided to shift the burden entirely onto copyright 488 00:27:49,440 --> 00:27:51,679 Speaker 1: owners to monitor the YouTube site on a daili or 489 00:27:51,680 --> 00:27:56,120 Speaker 1: hourly basis to detect infringing videos. So Viacom saying, hey, 490 00:27:56,119 --> 00:27:58,240 Speaker 1: this should not be our job, and YouTube saying, hey, 491 00:27:58,280 --> 00:28:00,680 Speaker 1: it shouldn't be our job either. There's seven two hours 492 00:28:00,680 --> 00:28:03,960 Speaker 1: worth of material being uploaded every minute. There's no one 493 00:28:04,040 --> 00:28:06,919 Speaker 1: who can sit there and go over every single frame 494 00:28:06,960 --> 00:28:12,359 Speaker 1: of every single video that's always being submitted to this service. Um. 495 00:28:12,640 --> 00:28:14,399 Speaker 1: And that's basically what the court said. They threw it 496 00:28:14,400 --> 00:28:18,240 Speaker 1: out without even being tried in it came back actually 497 00:28:18,280 --> 00:28:23,200 Speaker 1: in April, there was a reversal. The the court said 498 00:28:23,200 --> 00:28:26,960 Speaker 1: that basically a reasonable jury could have found that that 499 00:28:27,040 --> 00:28:28,840 Speaker 1: YouTube was aware of what was going on and just 500 00:28:28,880 --> 00:28:32,159 Speaker 1: not taking steps right. Yes, and and that's that's one 501 00:28:32,200 --> 00:28:33,679 Speaker 1: of the things under d m c A is that 502 00:28:33,800 --> 00:28:36,159 Speaker 1: if the the service providers aware of it, they have 503 00:28:36,280 --> 00:28:40,200 Speaker 1: to take steps to prevent it. Now again, if it's 504 00:28:40,200 --> 00:28:42,720 Speaker 1: something where it comes under fair use, that's where it 505 00:28:42,720 --> 00:28:46,000 Speaker 1: gets money. Again. Yeah, because I mean, like it's it's 506 00:28:46,000 --> 00:28:49,560 Speaker 1: not it's not YouTube's job to determine what is fair 507 00:28:49,680 --> 00:28:53,000 Speaker 1: use and what is not, uh, and the up the 508 00:28:53,000 --> 00:28:55,760 Speaker 1: the copyright holder is supposed to at least take the 509 00:28:55,840 --> 00:28:59,120 Speaker 1: into consideration before taking steps. But ultimately, fair use is 510 00:28:59,160 --> 00:29:01,720 Speaker 1: something that's decided in a court of law. I mean, 511 00:29:01,840 --> 00:29:05,240 Speaker 1: you know, it's it's it's all down to does the 512 00:29:05,240 --> 00:29:08,560 Speaker 1: copyright holder want to take the steps to actually uh 513 00:29:08,840 --> 00:29:12,080 Speaker 1: prosecute someone, and then the court decides if it was 514 00:29:12,120 --> 00:29:14,240 Speaker 1: fair use or not. That's that's the real problem with 515 00:29:14,240 --> 00:29:16,720 Speaker 1: fair use is that it's really something that's decided after 516 00:29:16,800 --> 00:29:20,200 Speaker 1: a court case. Um if it if no court case happens. 517 00:29:20,480 --> 00:29:22,840 Speaker 1: So if a copyright holder never comes after you for 518 00:29:22,880 --> 00:29:25,400 Speaker 1: the way you've used something, you could argue that's because 519 00:29:25,400 --> 00:29:28,800 Speaker 1: it's fair use. But legally speaking, that's not the determination. 520 00:29:28,800 --> 00:29:31,360 Speaker 1: It's just that no one came after you. That doesn't 521 00:29:31,360 --> 00:29:33,000 Speaker 1: mean that they won't come after you some time in 522 00:29:33,000 --> 00:29:36,520 Speaker 1: the future. This is the fun part of copyright law, right, 523 00:29:36,640 --> 00:29:41,040 Speaker 1: So let's talk about some of the things that that 524 00:29:41,120 --> 00:29:44,960 Speaker 1: the limitations on liability cover for copyright infringement this whole 525 00:29:44,960 --> 00:29:49,880 Speaker 1: safe harbor idea. One of them is transitory communications. Now, 526 00:29:49,920 --> 00:29:52,440 Speaker 1: this limits the liability of a service provider when all 527 00:29:52,480 --> 00:29:55,360 Speaker 1: the provider is doing is acting as a data conduit. 528 00:29:55,400 --> 00:29:58,640 Speaker 1: In other words, all they're doing is allowing information to 529 00:29:58,680 --> 00:30:02,120 Speaker 1: pass from one entity to another entity. They're not they're 530 00:30:02,120 --> 00:30:05,080 Speaker 1: not taking part in whatever the content is. Uh, They're 531 00:30:05,120 --> 00:30:08,000 Speaker 1: just essentially they're the pipes. And if you are the 532 00:30:08,000 --> 00:30:12,240 Speaker 1: one who owns the pipes, you cannot be held responsible 533 00:30:12,240 --> 00:30:15,760 Speaker 1: monetarily for any copyright infringement material that passes along there 534 00:30:15,800 --> 00:30:20,200 Speaker 1: as long as you are not complicit in that transaction. So, 535 00:30:20,240 --> 00:30:23,800 Speaker 1: in other words, if you're a service provider and you 536 00:30:23,840 --> 00:30:28,120 Speaker 1: are not knowingly providing people the chance to send copyright 537 00:30:28,160 --> 00:30:31,280 Speaker 1: infringed material back and forth, or you're not profiting from it, 538 00:30:31,600 --> 00:30:34,200 Speaker 1: then you're not liable. But if you're profiting from it, 539 00:30:34,280 --> 00:30:36,520 Speaker 1: then there's a problem. And that's one of the things 540 00:30:36,560 --> 00:30:40,240 Speaker 1: against YouTube is that if YouTube is running ads against videos, 541 00:30:40,640 --> 00:30:44,000 Speaker 1: then that means, yeah, they're profiting from those videos. So 542 00:30:44,040 --> 00:30:47,800 Speaker 1: if the videos are videos that infringe upon something, then 543 00:30:48,320 --> 00:30:51,000 Speaker 1: there's there's a case there for d m c A. Now, granted, 544 00:30:51,000 --> 00:30:53,000 Speaker 1: most of the time, the first step is still saying 545 00:30:53,240 --> 00:30:56,240 Speaker 1: take this down, and if YouTube does that, that's usually 546 00:30:56,280 --> 00:30:58,640 Speaker 1: as far as it goes. But it's something to keep 547 00:30:58,680 --> 00:31:02,800 Speaker 1: in mind. Next, have system caching that limits the liability 548 00:31:02,840 --> 00:31:05,200 Speaker 1: of a service that retains data to send it later 549 00:31:05,320 --> 00:31:08,000 Speaker 1: at the sender's discretion. So there are a lot of 550 00:31:08,000 --> 00:31:10,360 Speaker 1: different ways of thinking about this. But imagine that you 551 00:31:10,600 --> 00:31:14,200 Speaker 1: have scheduled something to post at a particular time. Well, 552 00:31:14,200 --> 00:31:17,080 Speaker 1: a copy of that information maybe existing on a service 553 00:31:17,120 --> 00:31:20,760 Speaker 1: provider's site. But uh, what you're saying is that if 554 00:31:20,800 --> 00:31:25,520 Speaker 1: that materials copyrighted and it's unauthorized, it's an unauthorized copy. 555 00:31:25,640 --> 00:31:29,320 Speaker 1: The system cannot be held responsible for holding that copy 556 00:31:29,360 --> 00:31:32,840 Speaker 1: because they're really just fulfilling their end of a service. Again, 557 00:31:32,960 --> 00:31:35,200 Speaker 1: same rules apply. They can't be complicit, they can't be 558 00:31:35,200 --> 00:31:38,480 Speaker 1: profiting from it. Uh. Storage of information on systems or 559 00:31:38,520 --> 00:31:41,320 Speaker 1: networks at direction of users. Same sort of thing. You 560 00:31:41,320 --> 00:31:44,840 Speaker 1: have cloud storage. If if I have a cloud storage account, 561 00:31:45,320 --> 00:31:47,680 Speaker 1: and the you know part of that is that I 562 00:31:48,160 --> 00:31:51,160 Speaker 1: am trusting that my provider is not snooping in on 563 00:31:51,200 --> 00:31:53,560 Speaker 1: all the stuff that I'm storing on my cloud storage. 564 00:31:54,240 --> 00:31:57,440 Speaker 1: Then you know, you can't hold the cloud storage company 565 00:31:57,560 --> 00:32:00,640 Speaker 1: responsible if I'm filling up my storage with you know, 566 00:32:01,400 --> 00:32:03,600 Speaker 1: it can't be expected to look at all every single 567 00:32:03,640 --> 00:32:07,720 Speaker 1: one of the files. When I put put my unauthorized 568 00:32:07,720 --> 00:32:10,600 Speaker 1: discography of Britney Spears up there, they can't. You know, 569 00:32:10,720 --> 00:32:14,160 Speaker 1: they're not held responsible for it. I should definitely hold 570 00:32:14,200 --> 00:32:16,360 Speaker 1: responsibility for something like that if I were to ever 571 00:32:16,400 --> 00:32:19,560 Speaker 1: do that, and I fully expect to be held responsible 572 00:32:19,640 --> 00:32:22,520 Speaker 1: and also will never happen. Uh. Then there's the information 573 00:32:22,520 --> 00:32:25,800 Speaker 1: location tools. So this is things like search engines. So 574 00:32:25,960 --> 00:32:28,680 Speaker 1: if you were to type in something in a search engine, 575 00:32:29,200 --> 00:32:32,320 Speaker 1: for example, you were interested in a particular television show, 576 00:32:32,400 --> 00:32:35,040 Speaker 1: let's say I don't know Supernatural, and you were to 577 00:32:35,080 --> 00:32:36,920 Speaker 1: type that in and some of the links that came 578 00:32:36,960 --> 00:32:41,920 Speaker 1: back linked to things that were infringing copyright, the search 579 00:32:42,080 --> 00:32:46,360 Speaker 1: engine would not be held responsible for those links unless again, 580 00:32:46,920 --> 00:32:49,920 Speaker 1: it was violating those other rules. So in other words, 581 00:32:49,960 --> 00:32:52,120 Speaker 1: you can't blame Google for putting a link up to 582 00:32:52,680 --> 00:32:55,760 Speaker 1: material that infringes upon copyright because Google is not the 583 00:32:55,760 --> 00:33:00,560 Speaker 1: one responsible for the material. It's just all it is supporting. 584 00:33:00,600 --> 00:33:03,240 Speaker 1: It's just indexing links, that's all it's done, although it 585 00:33:03,280 --> 00:33:05,480 Speaker 1: does do so with ads, So that makes me wonder 586 00:33:05,480 --> 00:33:07,440 Speaker 1: if there's any kind of any of that sticky there. 587 00:33:07,560 --> 00:33:10,320 Speaker 1: That's probably another issue. But again, and they're also told 588 00:33:10,360 --> 00:33:12,680 Speaker 1: that if someone reports it, they are supposed to block 589 00:33:12,760 --> 00:33:15,920 Speaker 1: access or take those links down. That that's raised a 590 00:33:16,000 --> 00:33:20,680 Speaker 1: lot of ire in the various communities online about the 591 00:33:20,760 --> 00:33:24,560 Speaker 1: idea of blocking links because it's talking about essentially breaking 592 00:33:24,600 --> 00:33:27,160 Speaker 1: one of the fundamental parts of the Internet, or at 593 00:33:27,200 --> 00:33:30,080 Speaker 1: least of the Web, if not the Internet anyway, that's 594 00:33:30,080 --> 00:33:34,080 Speaker 1: a different discussion. Uh those are the four main areas 595 00:33:34,160 --> 00:33:39,480 Speaker 1: where the liability is limited. Um. They also, it says 596 00:33:39,560 --> 00:33:42,480 Speaker 1: section five twelve, which is the specific section of the 597 00:33:42,920 --> 00:33:46,520 Speaker 1: uh the law that this uh the suppresses. Yeah, it 598 00:33:46,560 --> 00:33:49,240 Speaker 1: says it also contains a provision to ensure that service 599 00:33:49,280 --> 00:33:52,240 Speaker 1: providers are not placed in the position of choosing between 600 00:33:53,040 --> 00:33:56,120 Speaker 1: limitations on liability on the one hand and preserving the 601 00:33:56,160 --> 00:33:59,240 Speaker 1: privacy of their subscribers on the other. So, in other words, 602 00:33:59,400 --> 00:34:02,040 Speaker 1: they are not supposed to be put into any kind 603 00:34:02,040 --> 00:34:05,720 Speaker 1: of position where they have to identify someone when part 604 00:34:05,800 --> 00:34:08,759 Speaker 1: of their business is all about hey, your private and 605 00:34:08,920 --> 00:34:12,960 Speaker 1: respect of privacy. Yeah, so they are supposed to be 606 00:34:13,239 --> 00:34:18,320 Speaker 1: allowed to remain free of that. Uh, but that even 607 00:34:18,360 --> 00:34:23,759 Speaker 1: that has some issues so like. But essentially this is 608 00:34:23,800 --> 00:34:26,279 Speaker 1: to to make sure that they remain in compliance with 609 00:34:26,320 --> 00:34:29,560 Speaker 1: things like the Electronic Communications Privacy Act. So in other words, 610 00:34:29,560 --> 00:34:31,279 Speaker 1: you're talking about there are two different laws here that 611 00:34:31,360 --> 00:34:34,120 Speaker 1: kind of conflict with one another, which one has precedence 612 00:34:34,360 --> 00:34:39,120 Speaker 1: in this case, the privacy holds up over the copyright violation. Uh. 613 00:34:39,760 --> 00:34:42,440 Speaker 1: And really the reason why this whole section exists is 614 00:34:42,480 --> 00:34:46,759 Speaker 1: to prevent companies from having to undergo massive amounts of 615 00:34:46,960 --> 00:34:51,920 Speaker 1: expenses to defend themselves or also to endure excessive interference 616 00:34:51,960 --> 00:34:56,600 Speaker 1: from copyright holders or from government officials. And uh so 617 00:34:57,160 --> 00:35:00,440 Speaker 1: you know, the fact that this d m c A 618 00:35:00,480 --> 00:35:03,440 Speaker 1: stuff is in a way, it's you could you could 619 00:35:03,480 --> 00:35:06,799 Speaker 1: see it as a way of bending to the will 620 00:35:06,960 --> 00:35:10,279 Speaker 1: of copyright holders. That's the way a lot of critics painted, right, 621 00:35:10,360 --> 00:35:12,319 Speaker 1: like the d m c a A is just the 622 00:35:12,400 --> 00:35:16,200 Speaker 1: government laying down in front of copyright holders. Right. But 623 00:35:16,200 --> 00:35:18,719 Speaker 1: but this one, this one really actually works in the 624 00:35:18,719 --> 00:35:21,960 Speaker 1: other direction in the favor of the service provide the 625 00:35:22,000 --> 00:35:24,200 Speaker 1: service providers who are just just trying to do their 626 00:35:24,280 --> 00:35:26,200 Speaker 1: jobs and are not necessarily There was a case in 627 00:35:26,239 --> 00:35:29,120 Speaker 1: two thousand six Io Group felt a complaint against Vieo 628 00:35:29,120 --> 00:35:33,799 Speaker 1: Networks for Vo Networks had a site that would let 629 00:35:33,920 --> 00:35:38,360 Speaker 1: users transcode video into flash. Okay, sure, and and I 630 00:35:38,520 --> 00:35:42,160 Speaker 1: a group was saying that View Networks users were trans 631 00:35:42,280 --> 00:35:46,440 Speaker 1: transcoding videos into flash that that were copyright infringement. Okay, 632 00:35:46,440 --> 00:35:49,600 Speaker 1: So that they were taking videos that were under copyright 633 00:35:50,120 --> 00:35:53,759 Speaker 1: and through the process of transcoding them that was violating 634 00:35:53,760 --> 00:35:56,320 Speaker 1: the copyright. Yes, And they said that They said that 635 00:35:56,440 --> 00:35:59,680 Speaker 1: Vo was responsible for this because as as a transcoder, 636 00:35:59,680 --> 00:36:03,480 Speaker 1: they were they were implicit and they were they were 637 00:36:03,520 --> 00:36:07,240 Speaker 1: actually they were giving the people the ability to infringe 638 00:36:07,440 --> 00:36:09,640 Speaker 1: just from the very nature of what the service was. 639 00:36:09,719 --> 00:36:12,160 Speaker 1: And the court ruled that that the process was automated 640 00:36:12,480 --> 00:36:16,120 Speaker 1: and that therefore VO had no knowledge and like they 641 00:36:16,200 --> 00:36:19,120 Speaker 1: could not know what the content was because the actual 642 00:36:20,400 --> 00:36:23,320 Speaker 1: process of transcoding had nothing to do with a human 643 00:36:23,320 --> 00:36:25,680 Speaker 1: being reviewing stuff and saying, hey, wait a minute, it was. 644 00:36:25,719 --> 00:36:28,399 Speaker 1: It was really good, but a really important, clear cut 645 00:36:28,440 --> 00:36:32,399 Speaker 1: case to prevent that kind of legal actions from being 646 00:36:32,400 --> 00:36:34,040 Speaker 1: taken in the future. That makes a lot of sense, 647 00:36:34,080 --> 00:36:36,840 Speaker 1: because I mean, YouTube had for a long time was 648 00:36:36,880 --> 00:36:40,200 Speaker 1: always encoding videos into flash until you know, a couple 649 00:36:40,239 --> 00:36:43,279 Speaker 1: of until started to switch over to HTML five. But 650 00:36:43,480 --> 00:36:45,799 Speaker 1: same sort of thing. Yeah, and that that Viacom case 651 00:36:45,920 --> 00:36:48,080 Speaker 1: is just kind of spinning in courts right now. Both 652 00:36:48,080 --> 00:36:51,000 Speaker 1: sides are arguing that the other is burdened with the 653 00:36:51,040 --> 00:36:53,879 Speaker 1: proof that that YouTube and therefore Google had no idea 654 00:36:53,920 --> 00:36:56,399 Speaker 1: what was going on. And really, how do you prove 655 00:36:56,440 --> 00:36:59,200 Speaker 1: that someone doesn't know something, right, You have to have 656 00:36:59,239 --> 00:37:02,200 Speaker 1: evidence that they know. That's the only way you can prove. 657 00:37:02,520 --> 00:37:04,200 Speaker 1: You can't prove a negative. But if you are able 658 00:37:04,239 --> 00:37:07,360 Speaker 1: to prove that they did know and knowingly allowed it 659 00:37:07,400 --> 00:37:10,759 Speaker 1: to happen, that would be the case. Well, let's move 660 00:37:10,800 --> 00:37:13,960 Speaker 1: on to title three, which is mercifully short. It's the 661 00:37:14,000 --> 00:37:17,719 Speaker 1: Computer Maintenance Competition Assurance Act, which creates an exemption for 662 00:37:17,840 --> 00:37:20,239 Speaker 1: making a copy of a computer program by activating a 663 00:37:20,239 --> 00:37:23,279 Speaker 1: computer for purposes of maintenance or repair. So essentially, this 664 00:37:23,320 --> 00:37:24,839 Speaker 1: means that if you've got a computer and you need 665 00:37:24,880 --> 00:37:26,440 Speaker 1: to do some work on it, like you need to 666 00:37:26,480 --> 00:37:28,920 Speaker 1: repair it or do some maintenance work on it, and 667 00:37:29,000 --> 00:37:32,200 Speaker 1: you've got programs on there already, you can go ahead 668 00:37:32,200 --> 00:37:34,960 Speaker 1: and make copies of that stuff. For the purposes of 669 00:37:35,000 --> 00:37:37,400 Speaker 1: doing this maintenance or repair work. But once all that 670 00:37:37,440 --> 00:37:41,000 Speaker 1: work is done, you then must destroy the Yep. That 671 00:37:41,080 --> 00:37:43,959 Speaker 1: was Title three. See how easy that was. Title four. 672 00:37:44,640 --> 00:37:47,000 Speaker 1: Title four, Now this one's a little more wacky because 673 00:37:47,000 --> 00:37:50,000 Speaker 1: it has six miscellaneous provisions relating to the functions of 674 00:37:50,000 --> 00:37:53,280 Speaker 1: the Copyright Office, distance education, the exceptions, and the Copyright 675 00:37:53,320 --> 00:37:57,919 Speaker 1: Act for libraries and for making ephemeral recordings, also webcasting 676 00:37:57,920 --> 00:38:00,640 Speaker 1: of sound recordings on the Internet, and the Apple capability 677 00:38:00,719 --> 00:38:04,240 Speaker 1: of collective bargaining agreement obligations in the case of transfers 678 00:38:04,239 --> 00:38:07,600 Speaker 1: of rights and motion pictures. And it's just as exciting 679 00:38:07,640 --> 00:38:12,239 Speaker 1: as it sounds. People. So in general, ephemeral recordings means 680 00:38:12,239 --> 00:38:14,520 Speaker 1: that you can make a copy of material for broadcast purposes. 681 00:38:14,760 --> 00:38:17,640 Speaker 1: So like a radio station, it might make a copy 682 00:38:17,840 --> 00:38:21,080 Speaker 1: of all these different songs from various albums onto a 683 00:38:21,160 --> 00:38:25,520 Speaker 1: new medium and use that for broadcast purposes. That's perfectly fine. 684 00:38:26,080 --> 00:38:28,160 Speaker 1: Um again, but they can only keep it up to 685 00:38:28,200 --> 00:38:30,440 Speaker 1: a certain length of time. I think it's like six months. 686 00:38:30,800 --> 00:38:33,319 Speaker 1: Then you've got things like the Distance Education Study, which 687 00:38:33,360 --> 00:38:35,680 Speaker 1: was really it was worded this way into the d 688 00:38:35,760 --> 00:38:38,879 Speaker 1: m c A because the the you know, Congress wanted 689 00:38:38,920 --> 00:38:42,279 Speaker 1: to explore ways to promote distance education to give people 690 00:38:42,320 --> 00:38:46,000 Speaker 1: more opportunities for educational purposes. UM. So that was just 691 00:38:46,040 --> 00:38:48,319 Speaker 1: really kind of put in there to say, let's put 692 00:38:48,320 --> 00:38:51,320 Speaker 1: a placeholder here and really think about what this means. 693 00:38:51,360 --> 00:38:53,480 Speaker 1: So it doesn't directly affect the d m c A 694 00:38:53,560 --> 00:38:58,239 Speaker 1: in this case, but later legislation definitely does. Um the 695 00:38:58,400 --> 00:39:01,840 Speaker 1: nonprofit libraries we've already kind of talked about. Webcasting was 696 00:39:01,880 --> 00:39:04,400 Speaker 1: interesting because this ended up setting up certain rules that 697 00:39:05,080 --> 00:39:08,800 Speaker 1: internet radio stations have to follow that terrestrial radio stations 698 00:39:08,840 --> 00:39:11,040 Speaker 1: don't necessarily have to follow, and this has caused a 699 00:39:11,080 --> 00:39:15,239 Speaker 1: lot of concern among both parties. Sure. Yeah, and this 700 00:39:15,280 --> 00:39:17,359 Speaker 1: is why Pandora, for example, works the way that it does. 701 00:39:17,400 --> 00:39:21,279 Speaker 1: If if if you've ever used Pandora, you know that, uh, 702 00:39:21,360 --> 00:39:23,560 Speaker 1: it will never play a specific song that you that 703 00:39:23,600 --> 00:39:25,759 Speaker 1: you tell it to play right off the bat. It 704 00:39:25,840 --> 00:39:29,080 Speaker 1: has to to take a sample of similar songs and 705 00:39:29,080 --> 00:39:31,720 Speaker 1: play them in a random order. It also cannot play 706 00:39:31,880 --> 00:39:36,319 Speaker 1: a certain song more than more often than you know, 707 00:39:36,600 --> 00:39:38,799 Speaker 1: a certain amount of time. Yeah, there's usually like the 708 00:39:38,880 --> 00:39:40,800 Speaker 1: rules are kind of weird, Like there's one that says 709 00:39:40,840 --> 00:39:46,160 Speaker 1: you cannot, uh, you cannot have this the same songs 710 00:39:46,200 --> 00:39:49,680 Speaker 1: from the same album play in like a three hour period, 711 00:39:50,000 --> 00:39:51,919 Speaker 1: or you can only do a certain number like it's 712 00:39:52,120 --> 00:39:55,400 Speaker 1: it's really specific weird rules. Yeah, and it's it's why 713 00:39:55,480 --> 00:39:57,680 Speaker 1: you can't skip too many songs at once because it 714 00:39:57,960 --> 00:40:01,200 Speaker 1: might mess with the algorithm and force something to be 715 00:40:01,320 --> 00:40:04,960 Speaker 1: randomly played sooner than right. Yeah. And then also there's 716 00:40:05,000 --> 00:40:07,520 Speaker 1: even things about like like if you have a looping 717 00:40:07,640 --> 00:40:10,200 Speaker 1: program that's broadcast on the internet, it has to be 718 00:40:10,239 --> 00:40:12,759 Speaker 1: at least three hours long, Like you can't have a 719 00:40:12,760 --> 00:40:15,200 Speaker 1: one hour Like let's say you made a playlist and 720 00:40:15,200 --> 00:40:17,239 Speaker 1: it's about a one hour long playlist, you could not 721 00:40:17,280 --> 00:40:19,799 Speaker 1: have that being looped on the internet because it's not 722 00:40:19,880 --> 00:40:23,719 Speaker 1: long enough to meet these requirements. Also, of course, if 723 00:40:23,760 --> 00:40:26,200 Speaker 1: you were playing anything that was under copyright, you would 724 00:40:26,239 --> 00:40:29,239 Speaker 1: have to pay whatever the appropriate licensing fees were in 725 00:40:29,320 --> 00:40:32,480 Speaker 1: order to have that. Uh and uh, and that's also 726 00:40:32,520 --> 00:40:34,480 Speaker 1: an issue, but we won't you know. That's that's almost 727 00:40:34,480 --> 00:40:37,799 Speaker 1: its own podcast really to cover all of those issues. Um. 728 00:40:37,800 --> 00:40:40,840 Speaker 1: The motion pictures section has to do with residual payments 729 00:40:40,840 --> 00:40:44,759 Speaker 1: that go out whenever a motion picture or movie, as 730 00:40:44,800 --> 00:40:47,239 Speaker 1: some of us are, our film even if we're want 731 00:40:47,280 --> 00:40:50,279 Speaker 1: to go old school super fancy. But you know there 732 00:40:50,320 --> 00:40:54,040 Speaker 1: there are residual payments. They go out to the people 733 00:40:54,040 --> 00:40:57,160 Speaker 1: who worked on a film whenever it's being broadcast or 734 00:40:57,160 --> 00:41:00,640 Speaker 1: played or whatever. Uh. And so that had That's what 735 00:41:00,880 --> 00:41:02,480 Speaker 1: that part of the title four had to do with it. 736 00:41:03,000 --> 00:41:05,040 Speaker 1: Now we get to title five, which my favorite of 737 00:41:05,080 --> 00:41:07,399 Speaker 1: all the titles because it is the one that makes 738 00:41:07,400 --> 00:41:10,080 Speaker 1: my brain explode. So I am going to tell you 739 00:41:10,160 --> 00:41:13,239 Speaker 1: what Title five covers. And I promise this is not 740 00:41:13,320 --> 00:41:15,520 Speaker 1: a joke. Now keep in right mind. This is the 741 00:41:15,719 --> 00:41:19,680 Speaker 1: Digital Millennium Copyright Act. So the d m c A 742 00:41:19,760 --> 00:41:24,000 Speaker 1: Title five says, the Vessel Hull Design Protection Act creates 743 00:41:24,000 --> 00:41:26,279 Speaker 1: a new form of protection for the design of vessel hulls. 744 00:41:26,960 --> 00:41:29,720 Speaker 1: And you might say, wait a minute, are you talking 745 00:41:29,719 --> 00:41:32,840 Speaker 1: about And yes, I am talking about boats people. So 746 00:41:32,880 --> 00:41:35,480 Speaker 1: it creates a new system for protecting original designs of 747 00:41:35,560 --> 00:41:39,960 Speaker 1: certain useful articles that make the article attractive or distinctive 748 00:41:39,960 --> 00:41:44,719 Speaker 1: in appearance. Uh. That means it's specifically about the aesthetic 749 00:41:44,920 --> 00:41:48,080 Speaker 1: design of a boat hull. It is limited to the 750 00:41:48,120 --> 00:41:52,279 Speaker 1: hulls of vessels no longer than two hundred feet. In 751 00:41:52,400 --> 00:41:57,320 Speaker 1: the d m c A, well, it's it's it's not digital. 752 00:41:57,480 --> 00:41:59,920 Speaker 1: It's a design. You could this could apply to something 753 00:42:00,040 --> 00:42:04,120 Speaker 1: that's written on paper. There's nothing digital about this. It 754 00:42:04,160 --> 00:42:06,239 Speaker 1: has nothing to do with the rest of the act. 755 00:42:06,280 --> 00:42:08,800 Speaker 1: It is just about boats. Now. You know what makes 756 00:42:08,840 --> 00:42:10,880 Speaker 1: me think. It makes me think that some old senator 757 00:42:10,920 --> 00:42:13,839 Speaker 1: out there, And apologies to you, old senator, if you're 758 00:42:13,880 --> 00:42:15,879 Speaker 1: the one who said this, but it clearly clearly these 759 00:42:15,920 --> 00:42:19,759 Speaker 1: boats are for surfing the interwet I've seen. What I 760 00:42:19,800 --> 00:42:21,399 Speaker 1: think is there was an old senator out there who 761 00:42:21,440 --> 00:42:26,479 Speaker 1: was saying protecting against parrishy something pirashy, alright, piracy, let's 762 00:42:26,480 --> 00:42:30,719 Speaker 1: protect the boats. And uh also probably said that the 763 00:42:30,719 --> 00:42:35,360 Speaker 1: Internet is a series of tubes. Oh, it drives me crazy. This. 764 00:42:35,920 --> 00:42:38,320 Speaker 1: By the way, if you were not from the United States, hey, 765 00:42:38,360 --> 00:42:42,480 Speaker 1: this is how our law works. We have laws where 766 00:42:42,520 --> 00:42:45,920 Speaker 1: occasionally you're reading through the law and something completely not 767 00:42:46,040 --> 00:42:48,279 Speaker 1: connected to the rest of the law gets thrown in 768 00:42:48,320 --> 00:42:54,040 Speaker 1: there for reasons that are probably best not explored because 769 00:42:54,080 --> 00:42:58,640 Speaker 1: it will just make you despair over the state of 770 00:42:58,680 --> 00:43:00,920 Speaker 1: affairs in the legal system in the United States. You know, 771 00:43:00,960 --> 00:43:02,719 Speaker 1: they really wanted to pass it through. This was a 772 00:43:02,760 --> 00:43:04,920 Speaker 1: big popular thing that was going on, and they figured 773 00:43:05,000 --> 00:43:07,080 Speaker 1: they figured, you know, those kids with their with their 774 00:43:07,640 --> 00:43:11,080 Speaker 1: Internet surfboards and there and their piracy are never going 775 00:43:11,120 --> 00:43:15,160 Speaker 1: to notice, So do it now. I when I read it, 776 00:43:15,200 --> 00:43:17,600 Speaker 1: I thought, this has got to be a joke. And 777 00:43:17,640 --> 00:43:19,759 Speaker 1: I thought, there's no there's no other humor in this 778 00:43:19,880 --> 00:43:22,840 Speaker 1: very long document that I'm reading. Why would this be 779 00:43:22,920 --> 00:43:25,520 Speaker 1: the only thing. I just I don't get. It is 780 00:43:25,640 --> 00:43:30,359 Speaker 1: so ridiculous. Okay, Well, and anyway, there are a lot 781 00:43:30,360 --> 00:43:31,879 Speaker 1: of parts about the d m c A that make 782 00:43:31,920 --> 00:43:35,759 Speaker 1: my brain angry and want me to go hulk smash. 783 00:43:35,960 --> 00:43:38,719 Speaker 1: But this is this is probably the capper on it, 784 00:43:39,000 --> 00:43:42,560 Speaker 1: both figuratively and literal lasons. It is the last of 785 00:43:42,640 --> 00:43:45,360 Speaker 1: the five titles. So that's the d m c A, folks. 786 00:43:45,480 --> 00:43:48,560 Speaker 1: That's the that. Those are the amendments to the existing 787 00:43:48,640 --> 00:43:52,160 Speaker 1: law that all are there too to try and protect 788 00:43:52,160 --> 00:43:56,360 Speaker 1: copyright owners from having their works stolen willie and or 789 00:43:56,440 --> 00:44:00,640 Speaker 1: nilly across the interwebs. Um, there's a there's It's been 790 00:44:00,719 --> 00:44:04,880 Speaker 1: under fire many many times for several of the passages 791 00:44:04,920 --> 00:44:07,719 Speaker 1: within the d m c A. There have been lots 792 00:44:07,719 --> 00:44:10,440 Speaker 1: of court cases that have challenged various parts of the 793 00:44:10,520 --> 00:44:13,640 Speaker 1: d m c A with varying degrees of success. And 794 00:44:13,680 --> 00:44:17,160 Speaker 1: of course there have been other proposed forms of law 795 00:44:17,680 --> 00:44:20,080 Speaker 1: that kind of tied back into the d m c A, 796 00:44:20,480 --> 00:44:22,879 Speaker 1: and some people say, well, why do we even why 797 00:44:23,000 --> 00:44:25,239 Speaker 1: why is this law being proposed. We already have the 798 00:44:25,320 --> 00:44:28,160 Speaker 1: d m c AU in effect in the United States, 799 00:44:28,160 --> 00:44:31,600 Speaker 1: so therefore we should not pursue even more, Like, why 800 00:44:31,640 --> 00:44:33,800 Speaker 1: why are you painting over this fence that has already 801 00:44:33,840 --> 00:44:38,440 Speaker 1: painted painted extremely thoroughly, right, Yeah, this is no somehow 802 00:44:38,480 --> 00:44:40,560 Speaker 1: into the air in the borders above the fence. It's 803 00:44:40,600 --> 00:44:43,239 Speaker 1: no Tom Sawyer job here, folks. This is a very 804 00:44:43,239 --> 00:44:47,000 Speaker 1: well painted We're bringing it back to Mark Twain very 805 00:44:47,040 --> 00:44:51,240 Speaker 1: literary podcast today. So yeah, you know, it's kind of interesting. 806 00:44:51,360 --> 00:44:56,040 Speaker 1: It's also kind of infuriating. Um I do understand the 807 00:44:56,080 --> 00:45:00,600 Speaker 1: perspective of copyright holders and wanting to protect their property. Uh. 808 00:45:00,640 --> 00:45:03,480 Speaker 1: I don't necessarily agree with how it's come about, but 809 00:45:03,560 --> 00:45:06,799 Speaker 1: I totally agree with the desire to do so. Some 810 00:45:06,840 --> 00:45:10,080 Speaker 1: measures clearly had to be made to prevent things like 811 00:45:10,080 --> 00:45:13,400 Speaker 1: our Buddies and Napster from Yeah, and and again, like 812 00:45:13,520 --> 00:45:16,239 Speaker 1: I still my argument is still that if you make 813 00:45:16,360 --> 00:45:21,880 Speaker 1: something that's easy too for people to buy, and you know, 814 00:45:22,360 --> 00:45:25,200 Speaker 1: and if you have guaranteed the quality of that product, 815 00:45:25,239 --> 00:45:28,320 Speaker 1: then people will tend to buy it. If you can't 816 00:45:28,880 --> 00:45:31,640 Speaker 1: do that or won't do that, then people are more 817 00:45:31,680 --> 00:45:34,200 Speaker 1: willing to try and find, you know, underhanded means of 818 00:45:34,239 --> 00:45:37,799 Speaker 1: getting access to that content. Uh. And I mean if 819 00:45:37,840 --> 00:45:40,640 Speaker 1: you make it attractive enough, if it's priced fairly, and 820 00:45:40,680 --> 00:45:44,399 Speaker 1: if it's if it again the quality is guaranteed, then 821 00:45:45,000 --> 00:45:46,200 Speaker 1: a lot of people are going to say, well, I 822 00:45:46,200 --> 00:45:48,760 Speaker 1: would rather buy it than run the risk of downloading amount, 823 00:45:48,880 --> 00:45:51,160 Speaker 1: you know, some sort of virus to my computer from 824 00:45:51,200 --> 00:45:53,799 Speaker 1: a torrent site because I have no real way of 825 00:45:53,800 --> 00:45:56,640 Speaker 1: knowing if what I think I'm downloading is actually what 826 00:45:56,719 --> 00:46:00,600 Speaker 1: I'm downloading. Yeah, even if legal penalties cannot deter you, Yeah, 827 00:46:00,719 --> 00:46:04,920 Speaker 1: sometimes hackers cans can. Yep. Well, I guess that wraps 828 00:46:05,000 --> 00:46:07,080 Speaker 1: up this discussion. I'm gonna go and dip my head 829 00:46:07,080 --> 00:46:10,239 Speaker 1: in a bucket of water to cool down. Guys, if 830 00:46:10,280 --> 00:46:14,160 Speaker 1: you have suggestions for upcoming episodes of tech Stuff, I 831 00:46:14,239 --> 00:46:16,520 Speaker 1: highly recommend you get in touch with us. Our email 832 00:46:16,520 --> 00:46:20,880 Speaker 1: address is text stuff at Discovery dot com, or you 833 00:46:20,920 --> 00:46:23,160 Speaker 1: can drop us a line on Facebook or Twitter. Are handled, 834 00:46:23,160 --> 00:46:26,799 Speaker 1: there is text Stuff H S. W And Lauren and 835 00:46:26,840 --> 00:46:29,359 Speaker 1: I will taught you again, assuming we're not blocked by 836 00:46:29,400 --> 00:46:38,840 Speaker 1: copyright really soon for moralness and bathans of other topics. 837 00:46:38,960 --> 00:46:49,839 Speaker 1: Does it has stuff works dot com