WEBVTT - What is the DMCA? 0:00:04.080 --> 0:00:07.080 Get in touch with technology with tex Stuff from how 0:00:07.120 --> 0:00:16.480 stuff dot com. Pathan, everyone, and welcome to text Stuff. 0:00:16.480 --> 0:00:19.560 I'm Jonathan Strickland and I'm We're going to talk about 0:00:19.560 --> 0:00:23.440 a super fun topic today. We are both repped up. 0:00:23.680 --> 0:00:27.000 It is the d m c A, the Digital Millennium 0:00:27.040 --> 0:00:33.400 Copyright Act of nineteen Yes, uh yeah. The reason we're 0:00:33.400 --> 0:00:36.320 covering this, obviously is because the d m c A 0:00:36.400 --> 0:00:37.920 is one of those things a lot of people cite, 0:00:38.600 --> 0:00:42.760 uh in various uh discussions online, things about you know 0:00:42.960 --> 0:00:45.640 what what pertains to copyright law of that kind of stuff, 0:00:45.760 --> 0:00:47.760 and we thought it might be helpful to actually go 0:00:47.880 --> 0:00:51.320 through and talk about this this what it actually is, 0:00:51.360 --> 0:00:53.479 what it actually says, and some of the ways that 0:00:53.560 --> 0:00:56.800 it has interacted with with us in in the real world, 0:00:56.880 --> 0:00:59.280 the hypothetical real world that I keep hearing about and 0:00:59.400 --> 0:01:01.760 don't actually we see all that often. No, that's because 0:01:01.800 --> 0:01:04.880 we play a little halo. But yeah, now they the 0:01:04.880 --> 0:01:08.839 the whole reason we're tackling this again is that it's 0:01:09.120 --> 0:01:10.880 it's you know, when we talk about piracy, and we 0:01:10.920 --> 0:01:13.600 talked about copyright, and we talk about intellectual property and 0:01:13.920 --> 0:01:18.400 safe haven. Most of that has to do with the 0:01:18.880 --> 0:01:21.559 various copyright laws, at least here in the United States 0:01:21.640 --> 0:01:23.560 that we have several copyright laws, but a lot of 0:01:23.560 --> 0:01:25.800 it refers back to the d m c A. And 0:01:25.840 --> 0:01:28.000 the reason why the d m c A is even 0:01:28.000 --> 0:01:31.680 a thing is because once we started entering the digital era, 0:01:32.840 --> 0:01:36.800 the landscape changed dramatically. All right. So before the digital era, 0:01:36.840 --> 0:01:40.280 when everything was analog, you could make copies of stuff, 0:01:40.360 --> 0:01:43.600 but it tended to be uh slow. It tended to 0:01:43.600 --> 0:01:45.399 take a lot of effort on the part of the 0:01:45.400 --> 0:01:48.160 person making the copy. It was not easy for your 0:01:48.240 --> 0:01:51.440 average person to make a copy of something and then 0:01:51.480 --> 0:01:53.960 distributed it right for you, you know. For for example, 0:01:54.040 --> 0:01:56.120 before digital books, in order to make a copy of 0:01:56.120 --> 0:01:57.800 a book, you had to either um, you know, put 0:01:57.840 --> 0:02:01.480 it on a copy machine, or in olden days, break 0:02:01.520 --> 0:02:05.800 into a printing press room or hold hold some monks 0:02:05.800 --> 0:02:11.000 at crossbow point and say illuminate the script faster. Um. Yeah, 0:02:11.160 --> 0:02:13.760 it was not easy. And so while there were protections 0:02:13.760 --> 0:02:18.600 in place to keep intellectual property under the the ownership 0:02:18.680 --> 0:02:20.760 of the person who created it or the entity that 0:02:20.800 --> 0:02:22.960 owned the rights to it, because of course we all 0:02:23.000 --> 0:02:26.120 know the copyright holder is not necessarily the person who 0:02:26.120 --> 0:02:31.040 actually made yes, but anyway, there were laws in place 0:02:31.080 --> 0:02:34.800 to protect that property. But you know, the it was 0:02:34.960 --> 0:02:38.800 pretty easy to combat the any sort of piracy just 0:02:38.840 --> 0:02:41.440 because it was it was a lot of trouble to 0:02:41.600 --> 0:02:44.880 pirates stuff. Uh. You know, I can remember back in 0:02:44.919 --> 0:02:47.720 the day when I was a little kid occasionally using 0:02:47.720 --> 0:02:51.160 a cassette recorder to copy a song that was playing 0:02:51.200 --> 0:02:55.320 on the radio. So yeah, okay, so right. But but 0:02:55.440 --> 0:02:59.400 until right until U cassette's both video and audio came out, 0:02:59.520 --> 0:03:02.000 it wasn't so much an issue. No, no, And and 0:03:02.040 --> 0:03:05.880 in fact, the various industries that have an interest in 0:03:06.120 --> 0:03:11.800 distributing and producing and distributing media very much opposed things 0:03:11.840 --> 0:03:17.320 like cassettes and video tapes. But eventually the government said, no, 0:03:17.560 --> 0:03:21.040 the benefit of this outweighs the the potential threat to 0:03:21.080 --> 0:03:23.880 your industry, and in many ways they were They were 0:03:24.000 --> 0:03:26.560 very much right, because again it just was not easy 0:03:26.639 --> 0:03:29.840 to circumvent that stuff. But once we get into the 0:03:29.880 --> 0:03:32.640 digital era, now you're talking about the ability to take 0:03:33.280 --> 0:03:36.960 information zeros and ones is ultimately what we're talking about here. 0:03:37.640 --> 0:03:40.280 You could take information and you can make copies of 0:03:40.280 --> 0:03:44.200 it relatively easily and distribute it relatively easily, especially once 0:03:44.240 --> 0:03:48.240 the Internet internet became so now now we're in an 0:03:48.240 --> 0:03:51.320 era where you could have a book published and someone 0:03:51.320 --> 0:03:55.240 could take a digital version of that book, strip away 0:03:55.280 --> 0:03:57.760 any sort of copyright protection that happens to be there, 0:03:58.080 --> 0:04:02.119 and distribute it freely to whomever they like. And obviously 0:04:02.200 --> 0:04:05.600 the various publication industries, music industries, movie television, all that 0:04:05.640 --> 0:04:08.600 kind of stuff, they were very much concerned about this, 0:04:08.720 --> 0:04:12.960 and and rightfully so, because if it is easier to 0:04:13.040 --> 0:04:15.960 get at the material by pirrating it than by buying it, 0:04:16.120 --> 0:04:18.359 that's what people are gonna do. Well. Sure, and there 0:04:18.480 --> 0:04:20.400 there's a little bit of contention about that, you know, 0:04:20.480 --> 0:04:23.200 studies and pretty informal studies as if you have the 0:04:23.200 --> 0:04:27.000 people have done about how being able to preview something 0:04:27.040 --> 0:04:31.160 for free actually increases sales on that paid object. Sure, 0:04:31.480 --> 0:04:34.880 but there's there's a lot of anecdotal evidence that says 0:04:35.000 --> 0:04:38.320 that pirates tend to buy more stuff than anyone else does. 0:04:38.440 --> 0:04:41.320 So in other words, like a pirate will will download 0:04:41.720 --> 0:04:45.600 a torrent of a movie or a television show, really 0:04:45.680 --> 0:04:47.279 enjoy it, and then go out and buy a copy 0:04:47.320 --> 0:04:49.559 of it because they want to have that legitimate copy. 0:04:49.600 --> 0:04:52.120 Has all the bells and whistles, right, Although publishers are 0:04:52.120 --> 0:04:54.359 starting to take steps these days, you know, and letting 0:04:54.360 --> 0:04:58.400 you preview more and more of songs online or or 0:04:58.600 --> 0:05:00.680 or access and things or something like Netflix, so that 0:05:00.720 --> 0:05:02.800 you can really check something out and see it's something 0:05:02.800 --> 0:05:05.320 that you're interested in purchasing before you right, and Amazon 0:05:05.440 --> 0:05:08.120 has a lending library. So but all of these things 0:05:08.160 --> 0:05:10.599 are kind of subscription based, so you're still paying into 0:05:10.600 --> 0:05:13.599 a system. It's just now you're you've gotten a lot 0:05:13.720 --> 0:05:16.440 more options instead of just I want to buy this 0:05:16.520 --> 0:05:19.560 site unseen and hopefully I will like it. But anyway, 0:05:19.640 --> 0:05:22.000 so the d m c A was was this series 0:05:22.320 --> 0:05:26.080 of tweaks to existing law in the United States, and 0:05:26.160 --> 0:05:29.159 itself was not just a brand new law. It was 0:05:29.200 --> 0:05:33.239 really to add amendments to existing law in the US, 0:05:33.360 --> 0:05:38.080 and it was trying to bring US law into alignment 0:05:38.120 --> 0:05:43.279 with world the world intellectual property treaties from two of 0:05:43.279 --> 0:05:46.480 them in particular, one called the Wipeo Copyright Treaty and 0:05:46.480 --> 0:05:51.040 one called the Wipeo Performances and Phonograms Treaty. And so 0:05:51.360 --> 0:05:54.080 this was also to kind of help make a united 0:05:54.200 --> 0:05:58.600 front and on the global scale of copyright holders versus 0:05:58.720 --> 0:06:02.000 the evil, nasty, horrible pirates who are going to destroy 0:06:02.040 --> 0:06:07.120 everything from within. Yeah, those those WIDEO treaties were introduced 0:06:07.120 --> 0:06:11.560 in n six seven. The d m c A was 0:06:11.600 --> 0:06:16.200 originally sponsored by Republican Howard Koble of North Carolina in 0:06:16.320 --> 0:06:19.679 the US House. Yep and uh. And it went through 0:06:19.720 --> 0:06:24.520 several revisions, a few iterations that ended up adding some 0:06:24.680 --> 0:06:28.240 interesting things which we will get to. Um can't wait 0:06:28.279 --> 0:06:29.800 to get to it. I am just chomping at the 0:06:29.839 --> 0:06:32.200 bit to get to the end of this podcast. It finally, 0:06:32.240 --> 0:06:37.480 it finally passed in October when then President Bill Clinton 0:06:37.560 --> 0:06:40.479 signed it yep, signed into law. So let's kind of 0:06:40.560 --> 0:06:43.880 start talking about what is actually in the d m 0:06:43.920 --> 0:06:47.760 c A. It's divided into five titles or five sections, 0:06:48.240 --> 0:06:50.760 and the first two titles are the ones that have 0:06:51.560 --> 0:06:55.839 the most interesting content from where we are, so we're 0:06:55.839 --> 0:06:58.359 gonna we're gonna really constrain those first two titles, but 0:06:58.839 --> 0:07:02.520 don't worry, the other three will get covered because title 0:07:02.560 --> 0:07:06.359 five is a doozy alright. So title one, this is 0:07:06.560 --> 0:07:08.400 from a summary of the d m c A. So 0:07:08.400 --> 0:07:14.480 I'm gonna just read the little blurb verbatim. The white 0:07:14.520 --> 0:07:17.720 bo copyright and performances in phonograms Treaties Implementation Act of 0:07:18.720 --> 0:07:21.280 implements the White bo Treaties, and so it amends US 0:07:21.360 --> 0:07:24.000 law to provide appropriate references and links to the White 0:07:24.000 --> 0:07:27.520 Bow Treaties. It also prohibits their convention of technological measures 0:07:27.600 --> 0:07:30.120 used by copyright owners to protect their works, such as 0:07:30.240 --> 0:07:32.720 dr M. That I added these such as DRM. By 0:07:32.760 --> 0:07:35.320 the way, that's not in the original language. It is 0:07:35.440 --> 0:07:39.080 very important. Yes, adds civil remedies and criminal penalties for 0:07:39.200 --> 0:07:42.160 violating the prohibitions. So, in other words, this is the 0:07:42.160 --> 0:07:43.440 part of the d m c A that makes it 0:07:43.480 --> 0:07:47.880 illegal to try and get around copy protection. So if 0:07:47.920 --> 0:07:51.680 that copy protection is something that's physically part of a 0:07:51.800 --> 0:07:56.160 device that plays digital media, or if it's something that's 0:07:56.320 --> 0:08:00.160 within the digital media itself so software based. Uh, this 0:08:00.760 --> 0:08:02.800 by by the definition of the d m c A 0:08:03.600 --> 0:08:07.520 illegal to circumvent that in any way unless unless there 0:08:07.560 --> 0:08:11.800 are certain circumstances in play. Right and its specifically UM 0:08:11.840 --> 0:08:17.520 covers unauthorized access, but not unauthorized copying only for fair use. 0:08:18.480 --> 0:08:21.680 Right unauthorized copy is still covered if it's not for 0:08:21.800 --> 0:08:25.320 fair use. So that that raises the question what is 0:08:25.480 --> 0:08:28.720 fair use. Fair use is this concept where you are 0:08:28.760 --> 0:08:32.480 allowed to use someone else's work, some other copyrighted work 0:08:33.120 --> 0:08:36.800 in very specific specific circumstances, such as if you were 0:08:36.880 --> 0:08:41.240 providing commentary about that work. So let's say, for example, 0:08:41.600 --> 0:08:45.120 that Lauren and I wanted to take something that had 0:08:45.160 --> 0:08:48.480 been published and copyrighted. Uh, and it's about technology, and 0:08:48.520 --> 0:08:51.960 we wanted to really critique it and explain it and 0:08:52.040 --> 0:08:54.560 explore it and and add to it with our own 0:08:54.600 --> 0:08:57.559 point points of view. Uh, And we wanted to quote 0:08:57.600 --> 0:09:00.880 an entire page of that work. Well, as long as 0:09:00.880 --> 0:09:05.760 we're doing it responsibly, and we are actually providing commentary 0:09:05.840 --> 0:09:08.480 that adds to the discussion, as long as we're not 0:09:08.520 --> 0:09:12.959 just broadcasting this back out at you for free, whereas 0:09:13.000 --> 0:09:14.560 normally you would have to pay to get it. As 0:09:14.600 --> 0:09:16.120 long as you know we're adding enough to it to 0:09:16.200 --> 0:09:18.520 make it fair use, Yeah, that would be fair use. 0:09:18.640 --> 0:09:21.360 And so you'll you'll often hear people say, oh, like 0:09:21.440 --> 0:09:24.040 with music, you could play about fifteen seconds of music 0:09:24.120 --> 0:09:27.520 and then that's fair use. No, there is actually not 0:09:27.679 --> 0:09:31.640 a definition of how much work you can quote or 0:09:31.840 --> 0:09:36.320 play that remains free. Like your your your intent and 0:09:36.360 --> 0:09:39.640 your ability to make money off of the product is 0:09:40.200 --> 0:09:44.800 definitely in a lot of consideration. The consideration here. For 0:09:44.800 --> 0:09:47.120 for example, there was a case in two thousand seven 0:09:47.200 --> 0:09:51.360 Stephanie Lens versus Universal Move Music Corporation, which was really interesting. 0:09:51.400 --> 0:09:53.160 I'm kind of cutting into the middle of the meat here, 0:09:53.160 --> 0:09:54.800 but but I wanted to bring this up. We're talking 0:09:54.800 --> 0:09:56.680 about fair use because this was a This was a 0:09:56.679 --> 0:09:58.959 woman who uploaded a picture of her thirteen month old 0:09:58.960 --> 0:10:03.080 baby dancing to princes let's go crazy onto YouTube, UM 0:10:03.480 --> 0:10:05.280 have fun times for everybody, right. It was a twenty 0:10:05.320 --> 0:10:09.040 nine second clip, and Universal told YouTube to take it down. 0:10:09.240 --> 0:10:13.080 They said, this violates copyright law. She did not ask 0:10:13.120 --> 0:10:15.719 for permission to Prince to to use that song. Take 0:10:15.760 --> 0:10:18.000 it down. They did take it down, and she she 0:10:18.120 --> 0:10:22.840 soon Universal for UM legal fees to contact YouTube to 0:10:22.880 --> 0:10:26.480 get it back up, and also for just just messing 0:10:26.520 --> 0:10:29.720 with your life, and and and and the judge ruled 0:10:29.920 --> 0:10:32.840 in that particular case that that it was fair use, 0:10:33.080 --> 0:10:36.480 and that also UM companies really do need to check 0:10:36.520 --> 0:10:39.240 that fair use isn't being broken before they ask for 0:10:39.400 --> 0:10:41.800 content to be removed. Yeah, you'll often hear about that too. 0:10:41.840 --> 0:10:44.200 I mean, there's a I don't I didn't write down 0:10:44.240 --> 0:10:46.600 this particular instance, but I know for a fact that 0:10:46.640 --> 0:10:48.240 it happened because I know some of the people who 0:10:48.240 --> 0:10:52.800 are involved. UH this Weekend Text Tech News Today, Uh, 0:10:52.840 --> 0:10:57.400 The The That's a show that's done with Sarah Lane, 0:10:57.640 --> 0:11:02.120 Tom Merritt and i Azactar Leo Reports Network. They did 0:11:02.440 --> 0:11:05.600 a a show that at one point they were talking 0:11:05.640 --> 0:11:08.800 about a video that was also a copyright of work, 0:11:08.960 --> 0:11:11.960 and so part of that their show is both an 0:11:11.960 --> 0:11:14.560 audio podcast and a video podcast. You can get it 0:11:14.600 --> 0:11:19.000 in either format, and the video podcasts also get uploaded 0:11:19.040 --> 0:11:22.160 to YouTube. YouTube ended up taking that one down when 0:11:22.160 --> 0:11:25.679 they got a request from the owner of the video, 0:11:25.760 --> 0:11:30.360 even though it was very much evident that this was 0:11:30.400 --> 0:11:33.040 a case where it was fair uses in play because 0:11:33.040 --> 0:11:35.920 they were providing commentary about the video itself. They weren't 0:11:35.960 --> 0:11:39.840 just playing the video. It was all about uh, really 0:11:39.960 --> 0:11:42.200 analyzing it and talking about it in a way that 0:11:42.600 --> 0:11:47.400 was was transformative. And uh it took quite some time 0:11:47.440 --> 0:11:52.240 to get that turned around. On YouTube's defense, I will 0:11:52.280 --> 0:11:56.000 say that if they don't act quickly, bad things can 0:11:56.080 --> 0:11:58.199 happen to YouTube. But we'll get into that. That's a 0:11:58.200 --> 0:12:00.760 little bit later into the m c A. UH title 0:12:00.800 --> 0:12:04.120 one also covers some other stuff. One thing it says 0:12:04.320 --> 0:12:08.040 is that if you are talking about public domain public domains. 0:12:08.040 --> 0:12:09.920 Another thing we need to talk about public domain is 0:12:09.960 --> 0:12:15.719 when you have a work that has existed longer than 0:12:15.760 --> 0:12:22.079 copyright protection will cover that work. So it varies from 0:12:22.080 --> 0:12:24.760 country to country. So, for example, let's just say what 0:12:24.880 --> 0:12:29.319 will make a hypothetical example. Let's say that a country 0:12:29.360 --> 0:12:32.439 protects any copyright of work for twenty years. After a 0:12:32.840 --> 0:12:35.920 work has existed for more than twenty years, it enters 0:12:35.960 --> 0:12:38.520 into the public domain, meaning anyone can use it any 0:12:38.520 --> 0:12:40.600 way they like. You can publish as many you could 0:12:40.640 --> 0:12:43.040 take that work. You could print out your own copies. 0:12:43.160 --> 0:12:45.079 You could distribute them freely. You could run down the 0:12:45.120 --> 0:12:48.319 street laughing like a maniac and chucking copies at people's heads. 0:12:48.720 --> 0:12:52.720 Uh that sometimes around band booked week with with Mark 0:12:52.800 --> 0:12:56.120 Twain properties for example, you could get arrested for some 0:12:56.160 --> 0:12:58.400 form of assault and battery that way, but you won't 0:12:58.400 --> 0:13:01.360 be arrested for distributing copyright at work. Because it's in 0:13:01.400 --> 0:13:04.800 the public domain. You can do whatever you like with it. Again, 0:13:05.160 --> 0:13:08.719 the amount of time that a work exists before it's 0:13:08.720 --> 0:13:11.280 in public domain varies by country to country, and in 0:13:11.320 --> 0:13:14.520 the United States, for example, that number keeps going up 0:13:14.640 --> 0:13:18.400 because we have some pretty powerful people who are saying like, no, no, no, 0:13:18.480 --> 0:13:21.600 we we really want to keep snow White for example, Yeah, 0:13:22.640 --> 0:13:25.600 even though it published in there's a certain mouse that 0:13:25.640 --> 0:13:31.920 has had a large amount of influence on this particular subject. Yeah, 0:13:32.120 --> 0:13:35.520 it's very true. Disney has been very active in keeping 0:13:35.800 --> 0:13:38.640 uh you know, adding more years to what would be 0:13:38.679 --> 0:13:41.760 considered copyright. And then there's the question of well, can 0:13:41.800 --> 0:13:45.880 we transfer it so that, uh, even after the copyright 0:13:45.920 --> 0:13:50.440 holder has passed away, or maybe the company turns into 0:13:50.480 --> 0:13:52.840 something else, like, can we keep it so that those 0:13:52.920 --> 0:13:56.439 rights continue can be transferred to the next Yeah. So 0:13:56.440 --> 0:13:58.120 so there are a lot of issues with that. Well, 0:13:58.160 --> 0:14:02.160 the title one of dmc A tells us that the 0:14:02.160 --> 0:14:06.640 the rules about public domain revert to the country of 0:14:06.720 --> 0:14:10.440 origin of that work. So if the work was produced 0:14:10.520 --> 0:14:14.440 in uh, say, France, then whatever France's rules are for 0:14:14.760 --> 0:14:17.120 public domain would be in play no matter where else 0:14:17.160 --> 0:14:19.040 in the world you might be, or well, in this case, 0:14:19.080 --> 0:14:22.400 in the United States, because DMC only covers the US. Clearly, 0:14:23.000 --> 0:14:25.400 right right in the United States, is not adding jurisdiction 0:14:25.400 --> 0:14:28.360 of the entire world here. They are not. However, an 0:14:28.360 --> 0:14:30.840 important part of that title one is that um. It 0:14:31.000 --> 0:14:33.800 names the US as a member country of of WIPO, 0:14:34.360 --> 0:14:37.240 and it really and says that it provides equal protection 0:14:37.280 --> 0:14:39.640 to any other member country of WIPO in the United 0:14:39.640 --> 0:14:42.400 States any any work from Yeah. So in other words, 0:14:42.480 --> 0:14:45.960 it's supposed to apply the same rules and same rigor 0:14:46.560 --> 0:14:49.640 h for any copyrighted work that's under threat from a 0:14:49.640 --> 0:14:52.200 WIPO country as it would for anything that's from the 0:14:52.280 --> 0:14:56.840 United States. So no preferential treatment for US versus non US. 0:14:56.960 --> 0:15:00.520 And also with this public domain issue, you defer to 0:15:00.560 --> 0:15:04.000 the rules of the country of origin. So whichever country 0:15:04.520 --> 0:15:07.800 produced said work, that's the rules that apply for public 0:15:07.800 --> 0:15:12.160 domain UM and uh the the whole unauthorized access versus 0:15:12.240 --> 0:15:17.760 unauthorized copying. There are some exemptions that are allowed, but 0:15:18.280 --> 0:15:22.600 they are pretty specific. For one thing, law enforcement, intelligence 0:15:22.640 --> 0:15:25.880 and other governmental agencies are exempt from Title one, so 0:15:26.400 --> 0:15:29.640 uh the you know, the FBI doesn't have to worry 0:15:29.760 --> 0:15:33.160 about following these rules that kind of thing. Other exceptions 0:15:33.160 --> 0:15:37.000 apply to nonprofit library, archive, and educational institutions that wish 0:15:37.080 --> 0:15:41.520 to obtain authorized access to works. So again, uh the 0:15:41.680 --> 0:15:44.640 access still has to be authorized. They can't circumvent and 0:15:44.640 --> 0:15:46.200 they can't do it i'll will and nilly, they have 0:15:46.240 --> 0:15:48.760 to ask, right, but they can make copies if it's 0:15:48.800 --> 0:15:52.560 for archival purposes. So in that sense, because I remember 0:15:52.560 --> 0:15:55.120 there's two sections here. There's the access and then there's 0:15:55.120 --> 0:15:57.920 the actual copying, because there's been a lot of questions 0:15:57.920 --> 0:16:02.080 about that, UH, and and the about the you know, 0:16:02.160 --> 0:16:07.040 making things like a gadget that could circumvent uh, the 0:16:07.120 --> 0:16:11.880 access block part that's illegal. But but creating a gadget 0:16:11.920 --> 0:16:14.880 that can get around the copy protection is not illegal. 0:16:15.360 --> 0:16:17.720 It's just the access part that you have to worry about. 0:16:17.800 --> 0:16:20.000 And again it's not illegal, but you have to use 0:16:20.000 --> 0:16:23.160 it in very specific circumstances to not get in trouble. 0:16:24.120 --> 0:16:28.400 Other exceptions include reverse engineering for computer programmers. So if 0:16:28.440 --> 0:16:32.040 you're trying to make a computer program that can be 0:16:32.120 --> 0:16:36.120 interoperable with an existing program, then you can start making 0:16:36.120 --> 0:16:38.680 copies of the existing program in an effort to learn 0:16:38.720 --> 0:16:40.760 how it works so that you can make sure that 0:16:40.840 --> 0:16:44.920 your new software works seamlessly with the old software. That's 0:16:44.960 --> 0:16:48.280 really what that was there to protect. Encryption research is protected, 0:16:48.360 --> 0:16:52.240 so UH, if your work is designed to analyze, evaluate, 0:16:52.280 --> 0:16:56.320 and improve encryption technologies, you're protected also for the protection 0:16:56.320 --> 0:16:58.640 of miners. So if there's any technology that's designed to 0:16:58.720 --> 0:17:02.560 limit access to materials that you know are considered to 0:17:02.560 --> 0:17:05.760 be harmful to minors, but it would otherwise violate part 0:17:05.760 --> 0:17:08.600 of Title one, those are exempt from the Title one 0:17:08.720 --> 0:17:12.679 issues as well. And then there's personal privacy, which is 0:17:12.720 --> 0:17:14.840 if the technology that was used to protect a work 0:17:14.880 --> 0:17:19.960 would gain or disseminate unauthorized information about a quote natural 0:17:20.080 --> 0:17:25.040 person unquote, it can be circumvented. So if you were 0:17:25.080 --> 0:17:28.920 to put DRM on something and that DRM, as part 0:17:28.960 --> 0:17:31.840 of what it does besides protecting the copyrighted work, would 0:17:31.840 --> 0:17:34.880 also gather information about you, you can you can then 0:17:34.920 --> 0:17:38.840 circumvent because because they consider that the dissemination of the 0:17:38.880 --> 0:17:44.879 private information is worse than circumventing the DRM. And finally, UH, 0:17:44.960 --> 0:17:49.480 security testing is also exempt from this. So uh yeah, 0:17:49.520 --> 0:17:53.360 any devices that are primarily designed or produced to circumvent 0:17:53.960 --> 0:17:58.880 h copyright protection, uh, that have only limited commercially significant 0:17:58.880 --> 0:18:02.520 purpose or use other than to circumvent or are marketed 0:18:02.600 --> 0:18:08.280 for use in circumventing our big no nos under Title one. Yeah, 0:18:08.359 --> 0:18:13.080 this is this is some interesting stuff. So again, really 0:18:13.160 --> 0:18:16.200 it's the access that's the big deal here. Copying. Copying 0:18:16.320 --> 0:18:18.800 is still a problem. You know, you can't just copy 0:18:18.960 --> 0:18:21.840 like crazy. You have to be able to justify it 0:18:21.920 --> 0:18:24.880 under those rules I was talking about. But the access 0:18:24.960 --> 0:18:28.000 is definitely a big issue. So in other words, if 0:18:28.000 --> 0:18:31.840 something is behind a paywall, you can't circumvent the paywall 0:18:31.880 --> 0:18:35.120 to get at the stuff, because that's talking about access. Now, 0:18:35.160 --> 0:18:37.240 if you if you don't have a paywall, if you 0:18:37.240 --> 0:18:40.560 can freely access it um or you've paid to get 0:18:40.560 --> 0:18:43.240 through it, then making the copy, that's more of a 0:18:43.359 --> 0:18:45.760 question of do you fall under one of those exemptions? 0:18:46.200 --> 0:18:49.080 Right right? Uh? It does also say maybe you were 0:18:49.080 --> 0:18:50.480 getting to this one, but I thought that this one 0:18:50.560 --> 0:18:53.480 was particularly interesting. It does. It says that it does 0:18:53.560 --> 0:18:56.480 not and will never mandate that the design of products 0:18:56.600 --> 0:19:00.359 be be such that they specifically prevent the creation of 0:19:00.440 --> 0:19:04.440 devices made to circumvent themselves. It gets a little little 0:19:04.960 --> 0:19:09.080 complicated and timey wymy wibbly wobbly, doesn't it um, It does, 0:19:09.119 --> 0:19:12.040 But but it's really to protect companies and say say 0:19:12.080 --> 0:19:15.760 that if you're designing products, then it's not your problem 0:19:15.920 --> 0:19:19.840 if someone creates something that can circonvent it. One other 0:19:19.920 --> 0:19:23.280 thing that title one covers. It actually says that the 0:19:23.280 --> 0:19:28.720 provision prohibits rights holders, meaning people who own copyright to material. 0:19:29.119 --> 0:19:33.560 It prevents them from applying the copyright prevention or copyright 0:19:33.680 --> 0:19:37.720 circumvention prevention technologies to free television and basic and extended 0:19:37.720 --> 0:19:42.920 Basic tier cable broadcasts, meaning that you can't put copyright 0:19:42.920 --> 0:19:46.320 protection on stuff that is freely distributed in any way. 0:19:46.359 --> 0:19:48.480 So you could not put some sort of copy protection 0:19:48.600 --> 0:19:52.960 over over the air broadcast because of the very nature 0:19:52.960 --> 0:19:56.359 of how it's distributed. Okay, so so share So, so 0:19:56.400 --> 0:19:59.200 if you wanted to record something that was airing on PPS, 0:19:59.480 --> 0:20:01.240 then do it. You could do that. Yeah, anything that 0:20:01.320 --> 0:20:04.159 was on any sort of over the air transmission, you 0:20:04.200 --> 0:20:07.760 would be you would It doesn't fall fall under the 0:20:07.840 --> 0:20:09.800 umbrella of d M c A as as opposed to 0:20:09.840 --> 0:20:13.480 a lot of other digital transmissions or cable transmissions that 0:20:13.720 --> 0:20:16.840 which are here. Here's another thing, like, if that same 0:20:17.600 --> 0:20:20.560 same program that you would have gotten over the air 0:20:21.040 --> 0:20:23.560 on an antenna and you want to record it on 0:20:23.600 --> 0:20:27.440 your your home system, if it's perfectly okay under that circumstance, 0:20:27.800 --> 0:20:30.680 it's not perfectly okay if that same program is being 0:20:30.680 --> 0:20:35.240 distributed over the internet. Interesting, huh, Because it's two different 0:20:35.359 --> 0:20:37.840 means of distribution. It has nothing to do with the content, 0:20:38.080 --> 0:20:39.600 has nothing to do with whether or not it's in 0:20:39.640 --> 0:20:42.320 their copyright, has everything to do with the method of distribution. 0:20:43.320 --> 0:20:46.359 What a crazy world we live in. Do you have 0:20:46.359 --> 0:20:51.199 anything else to say about title one, Lauren, anything else? Um? 0:20:51.240 --> 0:20:53.520 Because it gets crazier from here on out. It does 0:20:53.560 --> 0:20:56.119 get crazier. Now. There's a lot of interesting court cases 0:20:56.160 --> 0:20:58.480 that have come up about what it means to be 0:20:58.560 --> 0:21:02.200 an owner versus a life and see versus a user 0:21:02.440 --> 0:21:06.800 of any of these pieces of media, especially one case 0:21:06.960 --> 0:21:10.879 in two thousand seven Timothy S. Verner versus Autodesk, and 0:21:11.119 --> 0:21:13.960 Verner sued Autodesk because he had been buying all of 0:21:13.960 --> 0:21:17.640 the software from garage sales and selling it on eBay 0:21:17.760 --> 0:21:20.520 and um some of that. One of these things that 0:21:20.560 --> 0:21:23.720 was included was a program called autocat, owned by Autodesk. 0:21:24.880 --> 0:21:29.320 It's a computer assisted design sure um. The user agreement 0:21:29.440 --> 0:21:32.800 in in AutoCAD says that it's you are a licensee 0:21:32.800 --> 0:21:35.800 and that your license to use this as non transferable. 0:21:36.560 --> 0:21:40.400 So whoever buys it, that's who. That's But Verner said 0:21:40.400 --> 0:21:41.920 it wasn't his fault that someone had sold it to 0:21:42.000 --> 0:21:43.840 him at a garage sale and that he should therefore 0:21:43.880 --> 0:21:46.399 have the right to sell it on eBay, and an 0:21:46.400 --> 0:21:51.760 Autodesk said not. And that is interesting. I mean, what 0:21:51.800 --> 0:21:54.760 do you do because the person who sold it, the 0:21:54.880 --> 0:21:59.840 too verner, as essentially the one who's violating that licensing agreement, right, 0:22:00.440 --> 0:22:03.480 But but the courts, the courts upheld out at desk. 0:22:03.600 --> 0:22:07.280 They said, they said, no, because you have entered into 0:22:07.359 --> 0:22:10.919 a legal agreement period, you are responsible for what you do. 0:22:11.000 --> 0:22:13.560 It's weird. I would have said that the person who 0:22:13.640 --> 0:22:16.679 entered the legal agreement was the one who originally bought 0:22:16.760 --> 0:22:19.359 the software, not him, because if he bought it from 0:22:19.359 --> 0:22:23.159 a garage sale, he did not clearly buy it from 0:22:23.200 --> 0:22:26.760 any retailer that was Autodesk. So it's interesting to me, 0:22:26.800 --> 0:22:30.080 not that I'm contesting what you're saying, but it's interesting 0:22:30.119 --> 0:22:32.719 to me that the court would say that because you know, 0:22:33.480 --> 0:22:36.600 they basically ruled that he was never a legitimate owner. Okay, 0:22:37.040 --> 0:22:39.800 got so, So therefore, because he's not a legitimate owner, 0:22:39.840 --> 0:22:42.240 he cannot be a reseller. Cannot be a reseller. Christ 0:22:42.280 --> 0:22:43.639 you know, this is one of those things where it 0:22:43.720 --> 0:22:46.800 kind of it's it brings up that whole idea of 0:22:46.840 --> 0:22:49.800 the right of first sale which is, if you buy something, 0:22:49.880 --> 0:22:52.520 then you have the right to sell it off to 0:22:52.560 --> 0:22:56.160 someone else. The digital era has really changed that as well, 0:22:56.280 --> 0:22:58.840 because you can sell something that's digital and that that's 0:22:58.880 --> 0:23:00.800