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Speaker 1: Welcome to tex Stuff, a production from I Heart Radio.

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Speaker 1: Hey there, and welcome to tech Stuff. I'm your host,

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Speaker 1: Jonathan Strickland. I'm an executive producer with I Heart Radio

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Speaker 1: and a lot of all things tech and it's time

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Speaker 1: for another tech Stuff classic episode. This one originally published

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Speaker 1: on May one, two thousand thirteen, and it is titled

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Speaker 1: what is the d m c A. Let's find out.

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Speaker 1: The whole reason we're tackling this again is that it's

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Speaker 1: it's you know, when we talk about piracy and we

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Speaker 1: talk about copyright and we talk about intellectual property and

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Speaker 1: safe haven, most of that has to do with the

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Speaker 1: various copyright laws, at least here in the United States

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Speaker 1: that we have several copyright laws, but a lot of

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Speaker 1: it refers back to the d m c A. And

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Speaker 1: the reason why the d m c A is even

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Speaker 1: a thing is because once we started entering the digital era, uh,

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Speaker 1: the landscape changed dramatically, all right. So before the digital era,

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Speaker 1: when everything was analog, you could make copies of stuff,

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Speaker 1: but it tended to be slow. It tended to take

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Speaker 1: a lot of effort on the part of the person

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Speaker 1: making the copy. It was not easy for your average

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Speaker 1: person to make a copy of something and then distribute

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Speaker 1: it right for you you know. For for example, before

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Speaker 1: digital books, in order to make a copy of a book,

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Speaker 1: you had to either um, you know, put it on

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Speaker 1: a copy machine, or in the olden days of break

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Speaker 1: into a printing press room or hold some monks at

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Speaker 1: crossbow point and say illuminated the script faster. Um. Yeah,

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Speaker 1: it was not easy. And so while there were protections

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Speaker 1: in place to keep intellectual property under the the ownership

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Speaker 1: of the person who created it or the entity that

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Speaker 1: owned the rights to it, because of course we all

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Speaker 1: know the copyright holder is not necessarily the person who

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Speaker 1: actually made created yes, but anyway, there were laws in

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Speaker 1: place to protect that property. But you know, the it

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Speaker 1: was pretty easy to combat any sort of piracy just

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Speaker 1: because it was. It was a lot of trouble to

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Speaker 1: pirates stuff. Uh you know. I can remember back in

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Speaker 1: the day when I was a little kid occasionally using

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Speaker 1: a cassette recorder to copy a song that was playing

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Speaker 1: on the radio. Soak, right, But have been until right

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Speaker 1: until U cassettes both video and audio came out, it

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Speaker 1: wasn't so much an issue, no, no, And and in fact,

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Speaker 1: the various industries that have an interest in distributing and

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Speaker 1: producing and distributing media very much opposed things like cassettes

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Speaker 1: and video tapes. But eventually the government said, no, the

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Speaker 1: benefit of this outweighs the potential threat to your industry,

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Speaker 1: and in many ways they were They were very much right,

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Speaker 1: because again it just was not easy to circumvent that stuff.

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Speaker 1: But once we get into the digital era, now you're

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Speaker 1: talking about the ability to take information. Zeros and ones

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Speaker 1: is ultimately what we're talking about here. You can take

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Speaker 1: information and you can make copies of it relatively easily

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Speaker 1: and distribute it relatively easily, especially once the internet Internet

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Speaker 1: became a thing. And yeah, so now now we're in

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Speaker 1: an era where you could have a book published and

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Speaker 1: someone could take a digital version of that book, strip

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Speaker 1: away any sort of copyright protection that happens to be there,

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Speaker 1: and distribute it freely to whomever they like. And obviously

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Speaker 1: the various publication industries, music industries, movie television, all that

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Speaker 1: kind of stuff, they were very much concerned about this,

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Speaker 1: and and rightfully so, because if it is easier to

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Speaker 1: get at the material by pirating it than by buying it,

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Speaker 1: that's what people are going to do. Well, sure, there

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Speaker 1: there's a little bit of contention about that, you know,

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Speaker 1: studies and pretty informal studies as if you have the

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Speaker 1: people have done about how being able to preview something

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Speaker 1: for free actually increases sales on that paid object. Sure,

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Speaker 1: there's there's a lot of anecdotal evidence that says that

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Speaker 1: pirates tend to buy more stuff than anyone else does.

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Speaker 1: So in other words, like a pirate will will download

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Speaker 1: a torrent of a movie or a television show, really

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Speaker 1: enjoy it, and then go out and buy a copy

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Speaker 1: of it, because they want to have that legitimate copy

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Speaker 1: that has all the bells and whistles. Right, Although publishers

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Speaker 1: are starting to take steps these days, you know, and

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Speaker 1: letting you preview more and more of songs online or

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Speaker 1: or access and things through something like Netflix so that

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Speaker 1: you can really check something out and see if it's

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Speaker 1: something that you're interested in purchasing before you right, and

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Speaker 1: Amazon has a lending library, so but all of these

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Speaker 1: things are kind of subscription based, so you're still paying

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Speaker 1: into a system. It's just now you're you've gotten a

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Speaker 1: lot more options instead of just I want to buy

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Speaker 1: this site unseen and hopefully I will like it. But anyway,

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Speaker 1: So the d m c A was was this series

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Speaker 1: of tweaks to existing law in the United States, and

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Speaker 1: itself was not just a brand new law. It was

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Speaker 1: really to add amendments to existing law in the US

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Speaker 1: and it was trying to bring US law into alignment

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Speaker 1: with world the world intellectual property treaties from two of

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Speaker 1: them in particular, one called the Wipeo Copyright Treaty and

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Speaker 1: one called the wipe Out Performances and Phonograms Treaty. And

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Speaker 1: so this was also to kind of help make a

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Speaker 1: united front and on the global scale of copyright holders

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Speaker 1: versus the evil, nasty, horrible pirates who are going to

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Speaker 1: destroy everything from within. Yeah, those those Wipeo treaties were

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Speaker 1: introduced in the d m c A was originally sponsored

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Speaker 1: by Republican Howard Koble of North Carolina in the US House.

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Speaker 1: YEP and uh. And it went through several revisions, a

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Speaker 1: few iterations that ended up adding some interesting things which

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Speaker 1: we will get to. Uh wait to get to it.

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Speaker 1: I am just chomping at the bit to get to

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Speaker 1: the end of this podcast. It finally, it finally passed

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Speaker 1: in October when then President Bill Clinton signed it YEP,

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Speaker 1: signed into law. So let's kind of start talking about

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Speaker 1: what is actually in the d m c A. It's

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Speaker 1: divided into five titles or five sections, and the first

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Speaker 1: two titles are the ones that have the most interesting

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Speaker 1: content from where we are, So we're gonna we're gonna

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Speaker 1: really concern those first two titles, but don't worry, the

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Speaker 1: other three will get covered because title five is a

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Speaker 1: doozy alright. So title one, this is from a summary

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Speaker 1: of the d m c A. So I'm gonna just

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Speaker 1: read the little blurb verbatim. The White Bow Copyright and

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Speaker 1: Performances in Phonograms Treaties Implementation Act of implements the White

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Speaker 1: Bow Treaties, and so it amends US law to provide

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Speaker 1: appropriate references and links to the White Bow Treaties. It

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Speaker 1: also prohibits circumvention of technological measures used by copyright owners

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Speaker 1: to protect their works, such as dr M that I added,

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Speaker 1: such as d r M by the way, that's not

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Speaker 1: in the original language. That is very important. Yes, adds

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Speaker 1: civil remedies and criminal penalties for violating the prohibitions. So,

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Speaker 1: in other words, this is the part of the d

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Speaker 1: m c A that makes it illegal to try and

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Speaker 1: get around copy protection. So if that copy protection is

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Speaker 1: something that's physically part of a device that plays digital media,

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Speaker 1: or if it's something that's within the digital media itself,

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Speaker 1: so software based, it is, by by the definition of

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Speaker 1: the d m c A illegal to circumvent that in

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Speaker 1: any way unless unless there are certain circumstances in play

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Speaker 1: right and its specifically covers unauthorized access, but not unauthorized

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Speaker 1: copying only for fair use. Unauthorized copy is still covered

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Speaker 1: if it's not for fair use, So that that raises

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Speaker 1: the question what is fair use. Fair use is this

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Speaker 1: concept where you are allowed to use someone else's work,

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Speaker 1: some other copyrighted work in very specific specific circumstances, such

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Speaker 1: as if you were providing commentary about that work. So

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Speaker 1: let's say, for example, that Lauren and I wanted to

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Speaker 1: take something that had been published and copyrighted, UH and

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Speaker 1: it's about technology, and we wanted to really critique it

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Speaker 1: and explain it and explore it and and add to

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Speaker 1: it with our own point points of view. UH, and

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Speaker 1: we wanted to quote an entire page of that work. Well,

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Speaker 1: as long as we're doing it responsibly and we are

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Speaker 1: actually providing commentary that adds to the discussions as long

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Speaker 1: as we're not just broadcasting this back out at you

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Speaker 1: for free, whereas normally you would have to pay to

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Speaker 1: get it, as long as you know we're adding enough

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Speaker 1: to it to make it fair use, Yeah, that would

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Speaker 1: be fair use. And so you'll you'll often hear people say, oh,

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Speaker 1: like with music, you could play about fifteen seconds of

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Speaker 1: music and then that's fair use. No, there is actually

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Speaker 1: not a definition of how much work you can quote

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Speaker 1: or or play that remains free. Like your your intent

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Speaker 1: and your ability to make money off of the product

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Speaker 1: is definitely in a lot of the consideration here. For

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Speaker 1: for example, there was a case in two thousand seven

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Speaker 1: Stephanie Lens versus Universal move Music Corporation, which was really interesting.

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Speaker 1: I'm kind of cutting into the middle of the meat here,

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Speaker 1: but but I wanted to bring this up. We're talking

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Speaker 1: about the East because this was a This was a

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Speaker 1: woman who uploaded a picture of her thirteen month old

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Speaker 1: baby dancing to princes Let's go crazy onto YouTube. Um

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Speaker 1: fun times for everybody, right. It was a twenty nine

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Speaker 1: second clip and Universal told YouTube to take it down.

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Speaker 1: They said this violates copyright law. She did not ask

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Speaker 1: for permission to Prince to to use that song take

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Speaker 1: it down. They did take it down, and she she

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Speaker 1: soon universal for UM legal fees to contact YouTube to

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Speaker 1: get it back up, and also for you know, just

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Speaker 1: just messing with your life, and and and and the

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Speaker 1: judge ruled in that particular case that it it was

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Speaker 1: fair use, and that also UM companies really do need

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Speaker 1: to check the fair use isn't being broken before they

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Speaker 1: ask for content to be removed. Yeah, you'll often hear

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Speaker 1: about that too. I mean there's a I don't I

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Speaker 1: didn't write down this particular instance, but I know for

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Speaker 1: a fact that it happened because I know some of

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Speaker 1: the people who are involved. Uh. This Weekend Text Tech

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Speaker 1: News Today, Uh The The that's a show that's done

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Speaker 1: with Sarah Lane, Tom Merritt and i Azactar on Leo

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Speaker 1: Reports Network. They did a a show that at one

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Speaker 1: point they were talking about a video that was also

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Speaker 1: a copyright of work. And so part of their show

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Speaker 1: is both an audio podcast and a video podcast. You

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Speaker 1: can get it in either format, and the video podcasts

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Speaker 1: also get uploaded to YouTube. YouTube ended up taking that

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Speaker 1: one down when they got a request from the owner

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Speaker 1: of the video, even though it was very much evident

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Speaker 1: that this was a case where it was fair uses

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Speaker 1: in play because they were providing commentary about the video itself.

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Speaker 1: They weren't just playing the video. It was all about

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Speaker 1: uh really analyzing and talking about it in a way

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Speaker 1: that was was transformative and uh As it took quite

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Speaker 1: some time to get that turned around. On YouTube's defense,

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Speaker 1: I will say that if they don't act quickly, bad

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Speaker 1: things can happen to YouTube. But we'll get into that.

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Speaker 1: That's a little bit later. Into a title one also

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Speaker 1: covers some other stuff. One thing it says is that

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Speaker 1: if you are talking about public domain public domains, another

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Speaker 1: thing we need to talk about public domain is when

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Speaker 1: you have a work that has existed longer than copyright

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Speaker 1: protection will cover that work. So it varies from country

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Speaker 1: to country. So for example, let's just say what will

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Speaker 1: make a hypothetical example. Let's say that a country protects

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Speaker 1: any copyright of work for twenty years. After a work

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Speaker 1: has existed for more than twenty years, it enters into

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Speaker 1: the public domain, meaning anyone can use it any way

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Speaker 1: they like. You can publish as many you can take

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Speaker 1: that work. You could print out your own copies so

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Speaker 1: you can distribute them freely. You could run down the

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Speaker 1: street laughing like a maniac and chucking copies at people's heads. Uh,

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Speaker 1: people say sometimes around band booked week with with Mark

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Speaker 1: Twain properties, for example, you could get arrested for some

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Speaker 1: form of assault and battery that way, but you won't

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Speaker 1: be arrested for distributing copyright at work. Because it's in

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Speaker 1: the public domain. You can do whatever you like with it. Again,

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Speaker 1: the amount of time that a work exists before it's

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Speaker 1: in public domain varies by country to country, and in

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Speaker 1: the United States, for example, that number keeps going up

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Speaker 1: because we have some pretty powerful people who are saying like, no, no, no,

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Speaker 1: we we really want to keep Snow White for example. Yeah,

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Speaker 1: even though it published in the there's a certain mouse

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Speaker 1: that has had a large amount of influence on this

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Speaker 1: particular subject. Yeah, it's very true. Disney has been very

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Speaker 1: active in keeping uh you know, adding more years to

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Speaker 1: what would be considered copyright. And then there's the question

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Speaker 1: of well, can we transfer it so that even after

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Speaker 1: the copyright holder has passed away or maybe the company

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Speaker 1: turns into something else, like, can we keep it so

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Speaker 1: that those rights continue can be transferred to the next Yeah.

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Speaker 1: So so there are a lot of issues with that. Well.

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Speaker 1: The title one of d m c A tells us

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Speaker 1: that the the rules about public domain revert to the

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Speaker 1: country of origin of that work. So if the work

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Speaker 1: was produced in uh, say, France, then whatever France, as

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Speaker 1: the rules are for public domain, would be in play,

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Speaker 1: no matter where else in the world you might be,

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Speaker 1: or well, in this case, in the United States, because

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Speaker 1: DMC only covers the US. Clearly right right in the

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Speaker 1: United States, is not adding jurisdiction of the entire world here,

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Speaker 1: they are not. However, an important part of that title

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Speaker 1: one is that um it names the US as a

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Speaker 1: member country of of WIPO, and it really is, and

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Speaker 1: says that it provides equal protection to any other member

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Speaker 1: country of WIPO in the United States, any any work

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Speaker 1: from Yeah. So in other words, it's supposed to apply

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Speaker 1: the same rules and same rigor for any copyrighted work

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Speaker 1: that's under threat from a WHIPPO country as it would

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Speaker 1: for anything that's from the United States. So no preferential

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Speaker 1: treatment for US versus non US. And also with this

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Speaker 1: public domain issue, you defer to the rules of the

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Speaker 1: country of origin. So whichever country produced said work, that's

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Speaker 1: the rules that apply for public domain um and the

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Speaker 1: whole unauthorized access versus unauthorized copying. There are some exemptions

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Speaker 1: that are allowed, but they are pretty specific. For one thing,

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Speaker 1: law enforcement, intelligence and other governmental agencies are exempt from

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Speaker 1: Title one, so uh, the you know, the FBI doesn't

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Speaker 1: have to worry about following these rules that kind of thing.

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Speaker 1: Other exceptions apply to nonprofit library, archive, and educational institutions

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Speaker 1: that wish to obtain authorized access to works. So again, uh,

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Speaker 1: the access still has to be authorized. They can't circumvent

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Speaker 1: and it can't just do it all will and nially

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Speaker 1: they have to ask, right, but they can make copies

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Speaker 1: if it's for archival purposes. So in that sense, because

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Speaker 1: I remember there's two sections here. There's the access and

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Speaker 1: then there's the actual copying, because there's been a lot

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Speaker 1: of questions about that, uh and and the about the

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Speaker 1: you know, making things like a gadget that could circumvent uh,

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Speaker 1: the access block part that's illegal, But creating a gadget

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Speaker 1: that can get around the copy protection is not illegal.

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Speaker 1: That's just the access part that you have to worry about.

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Speaker 1: And again it's not illegal, but you have to use

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Speaker 1: it in very specific circumstances to not get in trouble.

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Speaker 1: Other exceptions include reverse engineering for computer programmers. So if

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Speaker 1: you're trying to make a computer program that can be

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Speaker 1: interoperable with an existing program, then you can start making

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Speaker 1: copies of the existing program in an effort to learn

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Speaker 1: how it works so that you can make sure that

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Speaker 1: your new software works seamlessly with the old software. That's

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Speaker 1: really what that was there to protect. Encryption research is protected,

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Speaker 1: so uh, if your work is designed to analyze, evaluate,

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Speaker 1: and improve encryption technologies, you're protected. Also for the protection

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Speaker 1: of miners. So if there's any technology that's designed to

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Speaker 1: limit access to materials that you know are considered to

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Speaker 1: be harmful to miners, but it would otherwise violate part

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Speaker 1: of Title one, those are exempt from the Title one

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Speaker 1: issues as well. And then there's personal privacy, which is

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Speaker 1: if the technology that was used to protect a work

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Speaker 1: would gain or disseminate unauthorized information about a quote natural

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Speaker 1: person unquote, it can be circumvented. So if you were

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Speaker 1: to put d r M on something and that DRM,

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Speaker 1: as part of what it does besides protecting the copyrighted work,

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Speaker 1: would also gather information about you, you can you can

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Speaker 1: then circumvent because because they consider that the dissemination of

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Speaker 1: the private information is worse than circumventing the DRM. And finally,

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Speaker 1: security testing is also exempt from this. So uh yeah,

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Speaker 1: any devices that are primarily designed or produced to circumvent

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Speaker 1: copyright protection, uh, that have only limited commercially significant purpose

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Speaker 1: or use other than to circumvent, or are marketed for

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Speaker 1: use in circumventing our big no nose under tital one. Yeah,

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Speaker 1: this is this is some interesting stuff. So again, really

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Speaker 1: it's the access is the big deal here. Copying. Copying

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Speaker 1: is still a problem, you know, you can't just copy

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Speaker 1: like crazy. You have to be able to justify it

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Speaker 1: under those rules I was talking about. But the access

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Speaker 1: is definitely a big issue. So in other words, if

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Speaker 1: something is behind a paywall, you can't circumvent the pay

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Speaker 1: wall to get at the stuff, because that's how about access. Now,

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Speaker 1: if you if you don't have a paywall, if you

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Speaker 1: can freely access it, or you've paid to get through it,

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Speaker 1: then making the copy, that's more of a question of

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Speaker 1: do you fall under one of those exemptions? Right right? Uh?

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Speaker 1: It does also say maybe you were getting to this one,

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Speaker 1: but I thought that this one was particularly interesting. It

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Speaker 1: It says that it does not and will never mandate

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Speaker 1: that the design of products be be such that they

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Speaker 1: specifically prevent the creation of devices made to circumvent themselves.

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Speaker 1: It gets a little a little complicated and timey wimy

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Speaker 1: wibbly wobbly, doesn't it. It does, But but it's really

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Speaker 1: to protect companies and say say that if you're designing products,

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Speaker 1: then it's not your problem if someone creates something that

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Speaker 1: can circumvent it. One other thing that title one covers.

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Speaker 1: It actually says that the provision prohibits rights holders, meaning

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Speaker 1: people who own copyright to material. It prevents them from

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Speaker 1: applying the be right prevention or a copyright circumvention prevention

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Speaker 1: technologies to free television and basic and extended Basic tier

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Speaker 1: cable broadcasts, meaning that you can't put copyright protection on

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Speaker 1: stuff that is freely distributed in any way. So you

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Speaker 1: could not put some sort of copy protection over over

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Speaker 1: the air broadcast because of the very nature of how

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Speaker 1: it's distributed. Okay, so so share So so if you

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Speaker 1: wanted to record something that was airing on PPS, then

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Speaker 1: do it. You could do that. Yeah, anything that was

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Speaker 1: on any sort of over the air transmission you would

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Speaker 1: be you would. It doesn't fall fall under the umbrella

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Speaker 1: of d M c A as as opposed to a

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Speaker 1: lot of other digital transmissions or cable transmissions that which

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Speaker 1: are here. Here's another thing, like, if that same same

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Speaker 1: program that you would have gotten over the air on

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Speaker 1: an antenna and you wanted to record it on your

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Speaker 1: your home system, if it's perfectly okay under that circumstance,

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Speaker 1: it's not perfectly okay if that same program is being

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Speaker 1: distributed over the internet. It interesting, huh, because it's two

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Speaker 1: different means of distribution. It has nothing to do with

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Speaker 1: the content, has nothing to do with whether or not

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Speaker 1: it's in their copyright, has everything to do with the

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Speaker 1: method of distribution. What a crazy world we live in.

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Speaker 1: Do you have anything else to say about Title one, Lauren?

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Speaker 1: Anything else? Um? Because it gets crazier from here on out.

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Speaker 1: It does get crazier. Now. There's a lot of interesting

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Speaker 1: court cases that have come up about what it means

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Speaker 1: to be an owner versus a licensee versus a user

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Speaker 1: of any of these pieces of media, especially one case

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Speaker 1: in two thousand seven Timothy S. Verner versus Autodesk, and

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Speaker 1: Verner sued Autodesk because he had been buying all of

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Speaker 1: the software from garage sales and selling it on eBay

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Speaker 1: and um, some of that. One of these things that

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Speaker 1: was included was a program called AutoCAD, owned by Autodesk.

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Speaker 1: It's a computer assisted design sure um. The user agreement

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Speaker 1: in in AutoCAD says that it's a you are a

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Speaker 1: licensee and that your license to use this as non transferable.

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Speaker 1: So whoever buys it, that's who. But Verner said it

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Speaker 1: wasn't his fault that someone had sold it to him

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Speaker 1: at a garage sale and that he should therefore have

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Speaker 1: the right to sell it on eBay. And an Autodesk said,

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Speaker 1: and it is interesting, I mean, what do you do

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Speaker 1: because the person who sold it to Verner as essentially

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Speaker 1: the one who's violating that licensing agreement. Right. But but

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Speaker 1: the courts, the courts upheld out at desk. They said,

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Speaker 1: they said, no, because you have entered into a legal

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Speaker 1: agreement period, you are responsible for what you do. It's weird.

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Speaker 1: I would have said that the person who entered the

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Speaker 1: legal agreement was the one who originally bought the software,

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Speaker 1: not him, because if he bought it from a garage sale,

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Speaker 1: he did not clearly buy it from any retailer that

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Speaker 1: was Autodesk. So it's interesting to me, not that I'm

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Speaker 1: contesting what you're saying, but it's interesting to me that

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Speaker 1: the court would say that because, as you know, they

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Speaker 1: basically ruled that he was never a legitimate owner. Okay,

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Speaker 1: So so therefore, because he's not a legitimate owner, he

383
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Speaker 1: cannot be a reseller, cannot be a reseller Crescy. And

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Speaker 1: this is one of those things where it kind of

385
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Speaker 1: it's it brings up that whole idea of the right

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Speaker 1: of first sale, which is if you buy something, then

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Speaker 1: you have the right to sell it off to someone else.

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Speaker 1: The digital era has really changed that as well, because

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Speaker 1: you can sell something that's digital, and that that's the

390
00:22:27,440 --> 00:22:29,280
Speaker 1: entire that's the entire issue that I'm talking about with

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Speaker 1: licensee right, a user versus an owner? Right, Well, I

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Speaker 1: and you can understand autodesks point. They might say, well,

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Speaker 1: how can we be certain that other than you know,

394
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Speaker 1: through registration, how can we be certain that the copy

395
00:22:43,400 --> 00:22:46,919
Speaker 1: of the of AutoCAD has been white from all the

396
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Speaker 1: computers that the original owner had. So if I bought AutoCAD, hypothetically,

397
00:22:52,680 --> 00:22:57,320
Speaker 1: the key wouldn't work. Yeah, right, which again, uh, the

398
00:22:57,359 --> 00:23:00,000
Speaker 1: problem is that there are programs out there that will

399
00:23:00,040 --> 00:23:03,000
Speaker 1: generate new keys so that you can circumvent it what

400
00:23:03,119 --> 00:23:06,240
Speaker 1: you're not supposed to do. But yeah, so this is interesting.

401
00:23:06,240 --> 00:23:09,159
Speaker 1: That's interesting that it goes all the way down to

402
00:23:09,320 --> 00:23:13,119
Speaker 1: selling stuff on eBay. Right. Yeah. On a grander scale,

403
00:23:13,160 --> 00:23:15,240
Speaker 1: this is the same kind of issue that has to

404
00:23:15,280 --> 00:23:17,760
Speaker 1: do or or Title one anyway has to do with

405
00:23:17,960 --> 00:23:23,639
Speaker 1: why unlocking your cell phone is illegal because disabling the

406
00:23:23,760 --> 00:23:26,800
Speaker 1: DRM software in a cellphone that that locks it to

407
00:23:26,840 --> 00:23:30,560
Speaker 1: a single carrier is illegal. So you can jail break

408
00:23:30,600 --> 00:23:34,919
Speaker 1: your phone, but you can't you cannot unlock it. Well,

409
00:23:34,960 --> 00:23:37,080
Speaker 1: you're you're you're allowed to, you're little to jail break

410
00:23:37,080 --> 00:23:41,399
Speaker 1: it to install software, but not unlock it for moving

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00:23:41,400 --> 00:23:44,000
Speaker 1: it from one character to another. And this is a

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Speaker 1: thing that once every three years, the Library of Congress

413
00:23:48,000 --> 00:23:52,480
Speaker 1: sits down and reviews complaints that people have submitted to

414
00:23:52,520 --> 00:23:57,560
Speaker 1: them about various bits of legislation and law. And during

415
00:23:57,560 --> 00:24:00,159
Speaker 1: one of these uh, one of these tricycle is what

416
00:24:00,200 --> 00:24:04,320
Speaker 1: are they called, try any I'll try anial reviews. I

417
00:24:04,440 --> 00:24:07,840
Speaker 1: like tricycles better. During during one of these tricycles, recently,

418
00:24:07,880 --> 00:24:11,480
Speaker 1: the Library of Congress um of help this that that, yeah,

419
00:24:11,520 --> 00:24:15,680
Speaker 1: that jailbreaking to another network is not legal because and

420
00:24:15,800 --> 00:24:17,520
Speaker 1: I do not quote, but this is the gist of

421
00:24:17,520 --> 00:24:19,520
Speaker 1: their argument. There are so many devices on the market

422
00:24:19,560 --> 00:24:21,960
Speaker 1: these days that surely you can find one on the network.

423
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Speaker 1: Blame the victim, why don't you? Wow? I definitely feel

424
00:24:29,320 --> 00:24:31,120
Speaker 1: a sting on this one. But then again, I bought

425
00:24:31,200 --> 00:24:34,040
Speaker 1: my phone unlocked already, because I bought a phone that

426
00:24:34,560 --> 00:24:37,000
Speaker 1: was designed to be unlocked so that you could buy

427
00:24:37,040 --> 00:24:39,240
Speaker 1: it and then put it on what's your network. That's

428
00:24:39,280 --> 00:24:43,679
Speaker 1: still legal. By the way, companies can choose to offer

429
00:24:43,800 --> 00:24:47,080
Speaker 1: up an unlocked device. You just cannot take a device

430
00:24:47,119 --> 00:24:49,600
Speaker 1: that has been locked and then unlock it. Yeah, there's

431
00:24:49,600 --> 00:24:54,840
Speaker 1: a there's a bit of authorization again in this issue. Guys,

432
00:24:54,840 --> 00:24:58,320
Speaker 1: I gotta deal with a copyright strike. While I do that,

433
00:24:58,440 --> 00:25:08,560
Speaker 1: let's take a quick break to thank our sponsors. All right,

434
00:25:08,600 --> 00:25:10,480
Speaker 1: getting back into the d m c A. We're ready

435
00:25:10,520 --> 00:25:12,600
Speaker 1: to move on to title two. And I know some

436
00:25:12,640 --> 00:25:15,720
Speaker 1: of you are thinking, there are five titles here, how

437
00:25:15,720 --> 00:25:17,640
Speaker 1: long is this going to go? But really, titles one

438
00:25:17,640 --> 00:25:19,400
Speaker 1: and two are the big ones, and the other ones

439
00:25:19,440 --> 00:25:21,159
Speaker 1: are well, you know, we'll touch on them, but they

440
00:25:21,200 --> 00:25:25,720
Speaker 1: won't be quite as extensive. So Title two is the

441
00:25:25,800 --> 00:25:31,000
Speaker 1: Online Copyright Infringement Liability Limitation Act, which creates limitations on

442
00:25:31,160 --> 00:25:35,240
Speaker 1: liability for online service providers for copyright infringement when engaged

443
00:25:35,280 --> 00:25:38,520
Speaker 1: in certain types of activities. So this is of course

444
00:25:38,560 --> 00:25:41,119
Speaker 1: where the term safe harbor comes from. Is this title

445
00:25:41,200 --> 00:25:44,880
Speaker 1: too of the d m c A. So safe harbor

446
00:25:45,000 --> 00:25:47,520
Speaker 1: is essentially this idea that if you are an online

447
00:25:47,560 --> 00:25:50,160
Speaker 1: service provider, and that could be anything from an Internet

448
00:25:50,160 --> 00:25:52,280
Speaker 1: service provider, you know, an I s P. To a

449
00:25:52,359 --> 00:25:55,560
Speaker 1: platform that people use on the Internet, like like Tumblr

450
00:25:55,600 --> 00:25:59,000
Speaker 1: or YouTube, yeah, exactly, that if you provide that service,

451
00:25:59,080 --> 00:26:03,000
Speaker 1: you are not necessary, serially, monetarily liable for any sort

452
00:26:03,040 --> 00:26:06,840
Speaker 1: of copyright infringement that's being performed by the users of

453
00:26:06,880 --> 00:26:12,280
Speaker 1: your platform. Right. But there are again very specific rules

454
00:26:12,400 --> 00:26:15,200
Speaker 1: in play. It's not that you're a given free license.

455
00:26:15,240 --> 00:26:17,359
Speaker 1: You can't just sit there and say safe harbor, Safe harbor,

456
00:26:17,400 --> 00:26:21,000
Speaker 1: I'm okay. You have to actually, uh, you know, show

457
00:26:21,080 --> 00:26:24,280
Speaker 1: that you are one unaware that the stuff is going on,

458
00:26:24,720 --> 00:26:27,640
Speaker 1: and two you cannot be benefiting from the fact that

459
00:26:27,960 --> 00:26:30,440
Speaker 1: infringement is going on, right And and furthermore, if a

460
00:26:30,480 --> 00:26:32,879
Speaker 1: company contacts you and says, hey, this thing is on

461
00:26:32,920 --> 00:26:36,280
Speaker 1: your site. It's it's it's copyright infringement. Please take it down.

462
00:26:36,320 --> 00:26:38,479
Speaker 1: You have to do that. You have to respond very quickly.

463
00:26:38,520 --> 00:26:41,280
Speaker 1: And that's one of the reasons why we see these

464
00:26:41,320 --> 00:26:45,119
Speaker 1: these things happen where YouTube will pull something very quickly

465
00:26:45,160 --> 00:26:47,440
Speaker 1: because they have to under the rules of d m

466
00:26:47,480 --> 00:26:51,800
Speaker 1: c A if they receive that notification. I mean, there's

467
00:26:52,400 --> 00:26:55,560
Speaker 1: probably several big cases against YouTube that are all about

468
00:26:55,560 --> 00:26:59,440
Speaker 1: copyright infringement. Viacom has a huge case which is which

469
00:26:59,480 --> 00:27:01,399
Speaker 1: is still going on, that was filed in two thousand

470
00:27:01,480 --> 00:27:06,119
Speaker 1: seven of very contention of hundred and sixty thousand clips

471
00:27:06,160 --> 00:27:09,040
Speaker 1: that had been viewed fifty one point five billion times

472
00:27:09,200 --> 00:27:13,280
Speaker 1: um and and they were basically saying YouTube you um

473
00:27:13,760 --> 00:27:16,439
Speaker 1: I'll quote from it. Because YouTube directly profits from the

474
00:27:16,480 --> 00:27:20,399
Speaker 1: available availability of popular infringing works on its site, it

475
00:27:20,440 --> 00:27:23,640
Speaker 1: has decided decided to shift the burden entirely onto copyright

476
00:27:23,640 --> 00:27:25,879
Speaker 1: owners to monitor the YouTube site on a daili or

477
00:27:25,880 --> 00:27:30,320
Speaker 1: hourly basis to detect infringing videos. So Viacom saying hey,

478
00:27:30,359 --> 00:27:32,480
Speaker 1: this should not be our job, and YouTube saying hey,

479
00:27:32,520 --> 00:27:34,520
Speaker 1: it shouldn't be our job. Either, there's so many two

480
00:27:34,520 --> 00:27:37,920
Speaker 1: hours worth of material being uploaded every minute, there's no

481
00:27:37,960 --> 00:27:40,760
Speaker 1: one who can sit there and go over every single

482
00:27:40,840 --> 00:27:45,040
Speaker 1: frame of every single video that's always being submitted to

483
00:27:45,119 --> 00:27:48,200
Speaker 1: this service. Um. And that's basically what the court said.

484
00:27:48,200 --> 00:27:51,520
Speaker 1: They threw it out without even being tried in it

485
00:27:51,680 --> 00:27:56,080
Speaker 1: came back actually in April there was a reversal. The

486
00:27:56,920 --> 00:28:00,520
Speaker 1: court said that basically a reasonable jury could have found

487
00:28:00,800 --> 00:28:02,800
Speaker 1: that the YouTube was aware of what was going on

488
00:28:02,840 --> 00:28:05,760
Speaker 1: and just not taking steps, right, Yes, And then that's

489
00:28:05,880 --> 00:28:07,639
Speaker 1: that's one of the things under d m c A

490
00:28:07,720 --> 00:28:10,080
Speaker 1: is that if the the service providers aware of it,

491
00:28:10,119 --> 00:28:13,479
Speaker 1: they have to take uh steps to prevent it. Now again,

492
00:28:13,920 --> 00:28:16,640
Speaker 1: if it's something where it comes under fair use, that's

493
00:28:16,680 --> 00:28:19,160
Speaker 1: where it gets money again because yeah, because I mean,

494
00:28:19,280 --> 00:28:23,040
Speaker 1: like it's it's not it's not YouTube's job to determine

495
00:28:23,040 --> 00:28:26,240
Speaker 1: what is fair use and what is not. Uh, and

496
00:28:26,440 --> 00:28:29,760
Speaker 1: the the the copyright holder is supposed to at least

497
00:28:29,760 --> 00:28:32,960
Speaker 1: take that into consideration before taking steps. But ultimately, fair

498
00:28:33,040 --> 00:28:35,280
Speaker 1: use is something that's decided in a court of law.

499
00:28:35,680 --> 00:28:39,040
Speaker 1: I mean, you know, it's it's it's all down to

500
00:28:39,160 --> 00:28:42,719
Speaker 1: does the copyright holder want to take the steps to actually, uh,

501
00:28:43,040 --> 00:28:46,320
Speaker 1: prosecute someone and then the court decides if it was

502
00:28:46,360 --> 00:28:48,440
Speaker 1: fair use or not. That's that's the real problem with

503
00:28:48,480 --> 00:28:51,120
Speaker 1: fair uses, that it's really something that's decided after a

504
00:28:51,120 --> 00:28:54,440
Speaker 1: court case. Um if it if no court case happens.

505
00:28:54,720 --> 00:28:57,080
Speaker 1: So if a copyright holder never comes after you for

506
00:28:57,120 --> 00:28:59,600
Speaker 1: the way you've used something, you could argue that's because

507
00:28:59,600 --> 00:29:03,000
Speaker 1: it's fair use. But legally speaking, that's not the determination.

508
00:29:03,040 --> 00:29:05,600
Speaker 1: It's just that no one came after you. That doesn't

509
00:29:05,600 --> 00:29:07,719
Speaker 1: mean that they won't come after you sometime in the future.

510
00:29:08,160 --> 00:29:11,120
Speaker 1: This is the fun part of copyright law, right. So

511
00:29:11,840 --> 00:29:15,400
Speaker 1: let's talk about some of the things that that the

512
00:29:15,920 --> 00:29:19,440
Speaker 1: limitations on liability cover for copyright infringement, this whole safe

513
00:29:19,440 --> 00:29:24,280
Speaker 1: harbor idea. One of them is transitory communications. Now, this

514
00:29:24,360 --> 00:29:26,760
Speaker 1: limits the liability of a service provider when all the

515
00:29:26,800 --> 00:29:29,720
Speaker 1: provider is doing is acting as a data conduit. In

516
00:29:29,720 --> 00:29:33,200
Speaker 1: other words, all they're doing is allowing information to pass

517
00:29:33,360 --> 00:29:36,479
Speaker 1: from one entity to another entity. They're not they're not

518
00:29:36,520 --> 00:29:39,440
Speaker 1: taking part in whatever the content is. Uh, They're just

519
00:29:39,560 --> 00:29:42,360
Speaker 1: essentially they're the pipes, and if you are the one

520
00:29:42,360 --> 00:29:47,120
Speaker 1: who owns the pipes, you cannot be held responsible monetarily

521
00:29:47,240 --> 00:29:49,960
Speaker 1: for any copy right infringement material that passes along there

522
00:29:50,000 --> 00:29:54,240
Speaker 1: as long as you are not complicit in that transaction.

523
00:29:54,360 --> 00:29:57,680
Speaker 1: So in other words, if you're a service provider and

524
00:29:57,840 --> 00:30:01,920
Speaker 1: you are not knowingly providing people the chance to send

525
00:30:01,920 --> 00:30:05,120
Speaker 1: copyright infringed material back and forth, or you're not profiting

526
00:30:05,160 --> 00:30:08,080
Speaker 1: from it, then you're not liable. But if you're profiting

527
00:30:08,120 --> 00:30:10,160
Speaker 1: from it, then there's a problem. And that's one of

528
00:30:10,400 --> 00:30:13,000
Speaker 1: the things against YouTube is that if YouTube is running

529
00:30:13,000 --> 00:30:17,440
Speaker 1: ads against videos, then that means, yeah, they're profiting from

530
00:30:17,440 --> 00:30:20,560
Speaker 1: those videos. So if the videos are videos that infringe

531
00:30:20,600 --> 00:30:24,160
Speaker 1: upon something, then there's there's a case there for d

532
00:30:24,240 --> 00:30:26,000
Speaker 1: m c A. Now, granted, most of the time, the

533
00:30:26,000 --> 00:30:29,040
Speaker 1: first step is still saying take this down, and if

534
00:30:29,080 --> 00:30:31,240
Speaker 1: YouTube does that, that's usually as far as it goes,

535
00:30:31,720 --> 00:30:34,360
Speaker 1: but it's something to keep in mind. Next, you have

536
00:30:34,440 --> 00:30:37,600
Speaker 1: system caching that limits the liability of a service that

537
00:30:37,640 --> 00:30:40,800
Speaker 1: retains data to send it later at the sender's discretion.

538
00:30:41,200 --> 00:30:43,080
Speaker 1: So there are a lot of different ways of thinking

539
00:30:43,120 --> 00:30:46,600
Speaker 1: about this. But imagine that you have scheduled something to

540
00:30:46,640 --> 00:30:49,360
Speaker 1: post at a particular time. Well, a copy of that

541
00:30:49,400 --> 00:30:54,160
Speaker 1: information maybe existing on a service provider's site, but what

542
00:30:54,200 --> 00:30:58,120
Speaker 1: you're saying is that if the materials copyrighted and it's unauthorized,

543
00:30:58,200 --> 00:31:02,040
Speaker 1: it's an unauthorized copy, the system cannot be held responsible

544
00:31:02,080 --> 00:31:05,200
Speaker 1: for holding that copy because they're really just fulfilling their

545
00:31:05,280 --> 00:31:08,360
Speaker 1: end of a service. Again, same rules apply. They can't

546
00:31:08,360 --> 00:31:11,479
Speaker 1: be complicit, they can't be profiting from it. Uh. Storage

547
00:31:11,520 --> 00:31:14,480
Speaker 1: of information on systems or networks at direction of users.

548
00:31:14,720 --> 00:31:17,640
Speaker 1: Same sort of thing you have cloud storage. If if

549
00:31:17,720 --> 00:31:20,760
Speaker 1: I have a cloud storage account and the you know

550
00:31:20,840 --> 00:31:23,160
Speaker 1: part of that is that I am trusting that my

551
00:31:23,240 --> 00:31:26,160
Speaker 1: provider is not snooping in on all the stuff that

552
00:31:26,200 --> 00:31:29,920
Speaker 1: I'm storing on my cloud storage, then you know, you

553
00:31:29,960 --> 00:31:33,200
Speaker 1: can't hold the cloud storage company responsible if I'm filling

554
00:31:33,280 --> 00:31:36,440
Speaker 1: up my storage with you know, it can't be expected

555
00:31:36,480 --> 00:31:38,440
Speaker 1: to to look at all every single one of the files.

556
00:31:39,480 --> 00:31:43,320
Speaker 1: When I put put my unauthorized discography of Britney Spears

557
00:31:43,440 --> 00:31:46,040
Speaker 1: up there, they can't. You know, they're not held responsible

558
00:31:46,080 --> 00:31:49,720
Speaker 1: for it. I should definitely hold responsibility for something like

559
00:31:49,760 --> 00:31:51,800
Speaker 1: that if I were to ever do that, and I

560
00:31:51,840 --> 00:31:55,480
Speaker 1: fully expect to be held responsible and also will never happen. Uh.

561
00:31:55,560 --> 00:31:58,400
Speaker 1: Then there's the information location tools. So this is things

562
00:31:58,440 --> 00:32:01,280
Speaker 1: like search engines. So if you were to type in

563
00:32:01,480 --> 00:32:05,080
Speaker 1: something in a search engine. For example, you were interested

564
00:32:05,120 --> 00:32:08,480
Speaker 1: in a particular television show, let's say I don't know Supernatural,

565
00:32:08,800 --> 00:32:10,400
Speaker 1: and you were to type that in, and some of

566
00:32:10,440 --> 00:32:12,880
Speaker 1: the links that came back linked to things that were

567
00:32:13,440 --> 00:32:18,640
Speaker 1: infringing copyright. The search engine would not be held responsible

568
00:32:18,760 --> 00:32:22,640
Speaker 1: for those links unless again, it was violating those other rules.

569
00:32:23,560 --> 00:32:25,640
Speaker 1: So in other words, you can't blame Google for putting

570
00:32:25,640 --> 00:32:29,320
Speaker 1: a link up to material that infringes upon copyright because

571
00:32:29,320 --> 00:32:32,960
Speaker 1: Google is not the one responsible for the material. It's

572
00:32:33,040 --> 00:32:38,040
Speaker 1: just it's just indexing links. Although it does do so

573
00:32:38,160 --> 00:32:40,200
Speaker 1: with ads, so that makes me wonder if there's any

574
00:32:40,280 --> 00:32:43,120
Speaker 1: kind of any of that sticky there. That's probably another issue.

575
00:32:43,120 --> 00:32:45,800
Speaker 1: But again, and they're also told that if someone reports it,

576
00:32:45,840 --> 00:32:48,640
Speaker 1: they are supposed to block access or take those links down.

577
00:32:48,920 --> 00:32:53,560
Speaker 1: That that's raised a lot of ire in the various

578
00:32:53,560 --> 00:32:56,640
Speaker 1: communities online about the idea of blocking links because it's

579
00:32:56,880 --> 00:33:00,120
Speaker 1: talking about essentially breaking one of the fundamental part to

580
00:33:00,160 --> 00:33:02,400
Speaker 1: the Internet, or at least of the Web, if not

581
00:33:02,440 --> 00:33:06,240
Speaker 1: the Internet. Anyway, it's a different discussion. Uh, those are

582
00:33:06,240 --> 00:33:11,320
Speaker 1: the four main areas where the liability is limited. Um.

583
00:33:11,400 --> 00:33:15,800
Speaker 1: They also it says section twelve, which is the specific

584
00:33:15,840 --> 00:33:20,640
Speaker 1: section of the UH the law that this UH the suppresses. Yeah,

585
00:33:20,680 --> 00:33:22,959
Speaker 1: it says. It also contains a provision to ensure that

586
00:33:23,040 --> 00:33:25,880
Speaker 1: service providers are not placed in the position of choosing

587
00:33:25,960 --> 00:33:30,280
Speaker 1: between limitations on liability on the one hand and preserving

588
00:33:30,280 --> 00:33:32,920
Speaker 1: the privacy of their subscribers on the other. So, in

589
00:33:32,960 --> 00:33:35,920
Speaker 1: other words, they are not supposed to be put into

590
00:33:35,920 --> 00:33:38,760
Speaker 1: any kind of position where they have to identify someone

591
00:33:38,880 --> 00:33:44,360
Speaker 1: when part of their business is all about, hey, your privacy. Yeah,

592
00:33:44,880 --> 00:33:48,840
Speaker 1: so they are supposed to be allowed to to remain

593
00:33:49,360 --> 00:33:54,400
Speaker 1: free of that. Uh. But that even that has some

594
00:33:54,680 --> 00:33:59,000
Speaker 1: issues so like. But essentially this is to to make

595
00:33:59,040 --> 00:34:00,920
Speaker 1: sure that they remain in compliance with things like the

596
00:34:00,960 --> 00:34:04,080
Speaker 1: Electronic Communications Privacy Act. So, in other words, you're talking

597
00:34:04,080 --> 00:34:05,920
Speaker 1: about there are two different laws here that kind of

598
00:34:05,960 --> 00:34:09,160
Speaker 1: conflict with one another, which one has precedence in this case,

599
00:34:09,200 --> 00:34:14,200
Speaker 1: the privacy holds up over the copyright violation. Uh. And

600
00:34:14,320 --> 00:34:16,759
Speaker 1: really the reason why this whole section exists is to

601
00:34:16,960 --> 00:34:21,920
Speaker 1: prevent companies from having to undergo massive amounts of expenses

602
00:34:22,000 --> 00:34:27,040
Speaker 1: to defend themselves or also to endure excessive interference from

603
00:34:27,280 --> 00:34:31,640
Speaker 1: copyright holders or from government officials. And so you know

604
00:34:31,800 --> 00:34:35,160
Speaker 1: the fact that this d m c A stuff is

605
00:34:35,200 --> 00:34:38,080
Speaker 1: in a way it's you could you could see it

606
00:34:38,120 --> 00:34:42,400
Speaker 1: as a way of bending to the will of copyright holders.

607
00:34:42,400 --> 00:34:44,719
Speaker 1: That's the way a lot of critics painted, right, like

608
00:34:44,960 --> 00:34:48,120
Speaker 1: the d m c A is just the government laying

609
00:34:48,200 --> 00:34:50,839
Speaker 1: down in front of copyright holders, right. But this one,

610
00:34:50,920 --> 00:34:53,839
Speaker 1: this one really actually works in the other direction in

611
00:34:53,880 --> 00:34:57,680
Speaker 1: the favor of the service providers. Providers who are just

612
00:34:57,680 --> 00:34:59,759
Speaker 1: just trying to do their jobs and are not necessarily

613
00:34:59,800 --> 00:35:01,800
Speaker 1: There was a case in two thousand six IO Group

614
00:35:01,960 --> 00:35:06,440
Speaker 1: failed a complaint against Video Networks for video Networks had

615
00:35:06,480 --> 00:35:11,359
Speaker 1: a site that would let users transcode video into flash. Okay, sure,

616
00:35:12,000 --> 00:35:14,360
Speaker 1: and and I a group was saying that view networks

617
00:35:14,520 --> 00:35:18,759
Speaker 1: users were trans transcoding videos into flash that that were

618
00:35:19,239 --> 00:35:22,719
Speaker 1: copyright infringement. Okay, So that they were taking videos that

619
00:35:22,760 --> 00:35:26,799
Speaker 1: were under copyright and through the process of transcoding them

620
00:35:26,840 --> 00:35:29,879
Speaker 1: that was violating the copyright. Yes, And they said that

621
00:35:30,160 --> 00:35:32,799
Speaker 1: they said that VO was responsible for this because as

622
00:35:33,000 --> 00:35:36,840
Speaker 1: as a transcoder, they were they were implicit in them.

623
00:35:37,080 --> 00:35:39,480
Speaker 1: They were they were actually they were giving the people

624
00:35:39,520 --> 00:35:42,920
Speaker 1: the ability to infringe just from the very nature of

625
00:35:42,920 --> 00:35:45,160
Speaker 1: what the service was and the court ruled that the

626
00:35:45,160 --> 00:35:49,160
Speaker 1: process was automated and that therefore Video had no knowledge

627
00:35:49,239 --> 00:35:52,239
Speaker 1: and like they could not know what the content was

628
00:35:52,360 --> 00:35:57,000
Speaker 1: because the actual process of transcoding had nothing to do

629
00:35:57,040 --> 00:35:59,359
Speaker 1: with a human being reviewing stuff and saying, hey, wait

630
00:35:59,360 --> 00:36:00,600
Speaker 1: a minute, it was a was a really good but

631
00:36:00,640 --> 00:36:04,880
Speaker 1: a really important, clear cut case to prevent that kind

632
00:36:04,920 --> 00:36:07,759
Speaker 1: of legal actions being taken in the future. That makes

633
00:36:07,800 --> 00:36:10,120
Speaker 1: a lot of sense, because, i mean, YouTube had for

634
00:36:10,160 --> 00:36:13,400
Speaker 1: a long time was always encoding videos into flash until

635
00:36:13,680 --> 00:36:15,799
Speaker 1: you know, a couple of until started to switch over

636
00:36:15,840 --> 00:36:19,080
Speaker 1: to HTML five. But same sort of thing. Yeah, and

637
00:36:19,080 --> 00:36:20,960
Speaker 1: that that Viacom case is just kind of spinning in

638
00:36:21,000 --> 00:36:24,200
Speaker 1: courts right now. Both sides are arguing that the other

639
00:36:24,320 --> 00:36:27,200
Speaker 1: is burdened with the proof that that YouTube and therefore

640
00:36:27,200 --> 00:36:29,680
Speaker 1: Google had no idea what was going on. And really,

641
00:36:30,080 --> 00:36:32,560
Speaker 1: how do you prove that someone doesn't know something, right,

642
00:36:32,960 --> 00:36:35,399
Speaker 1: You have to have evidence that they did know. That's

643
00:36:35,400 --> 00:36:37,680
Speaker 1: the only way you can prove. You can't prove a negative.

644
00:36:37,719 --> 00:36:39,479
Speaker 1: But if you are able to prove that they did

645
00:36:39,680 --> 00:36:43,000
Speaker 1: know and knowingly allowed it to happen, that would be

646
00:36:43,040 --> 00:36:45,960
Speaker 1: the case. All right, Well, we've got a little bit

647
00:36:46,000 --> 00:36:48,040
Speaker 1: more to say about the d m c A. But

648
00:36:48,120 --> 00:36:58,319
Speaker 1: before we get into that, let's take another quick break. Well,

649
00:36:58,400 --> 00:37:01,879
Speaker 1: let's move on to title three, which mercifully short, it's

650
00:37:01,920 --> 00:37:05,560
Speaker 1: the Computer Maintenance Competition Assurance Act, which creates an exemption

651
00:37:05,640 --> 00:37:08,160
Speaker 1: for making a copy of a computer program by activating

652
00:37:08,160 --> 00:37:11,160
Speaker 1: a computer for purposes of maintenance or repair. So essentially,

653
00:37:11,160 --> 00:37:12,680
Speaker 1: this means that if you've got a computer and you

654
00:37:12,719 --> 00:37:14,279
Speaker 1: need to do some work on it, like you need

655
00:37:14,320 --> 00:37:16,400
Speaker 1: to repair it or do some maintenance work on it,

656
00:37:16,760 --> 00:37:19,880
Speaker 1: and you've got programs on there already, you can go

657
00:37:19,920 --> 00:37:22,799
Speaker 1: ahead and make copies of that stuff for the purposes

658
00:37:22,840 --> 00:37:25,319
Speaker 1: of doing this maintenance or repair work. But once all

659
00:37:25,320 --> 00:37:28,600
Speaker 1: that work is done, you then must destroy the co Yeah,

660
00:37:28,920 --> 00:37:32,239
Speaker 1: that was Settle three. See how easy that was. Four.

661
00:37:32,640 --> 00:37:35,000
Speaker 1: Title four, Now, this one's a little more wacky because

662
00:37:35,000 --> 00:37:38,000
Speaker 1: it has six miscellaneous provisions relating to the functions of

663
00:37:38,000 --> 00:37:41,240
Speaker 1: the Copyright Office, distance education, the exceptions and the Copyright

664
00:37:41,280 --> 00:37:45,879
Speaker 1: Act for libraries and for making ephemeral recordings, also webcasting

665
00:37:45,920 --> 00:37:48,839
Speaker 1: of sound recordings on the Internet, and the applicability of

666
00:37:48,920 --> 00:37:52,319
Speaker 1: collective bargaining agreement obligations in the case of transfers of

667
00:37:52,440 --> 00:37:55,799
Speaker 1: rights in motion pictures. And it's just as exciting as

668
00:37:55,840 --> 00:38:00,319
Speaker 1: it sounds people. So in general, ephemeral recording means that

669
00:38:00,360 --> 00:38:02,520
Speaker 1: you can make a copy of material for broadcast purposes.

670
00:38:02,760 --> 00:38:05,640
Speaker 1: So like a radio station, it might make a copy

671
00:38:05,840 --> 00:38:09,040
Speaker 1: of all these different songs from various albums onto a

672
00:38:09,160 --> 00:38:13,520
Speaker 1: new medium and use that for broadcast purposes. That's perfectly fine.

673
00:38:14,040 --> 00:38:16,160
Speaker 1: Um Again, but they can only keep it up to

674
00:38:16,200 --> 00:38:18,440
Speaker 1: a certain length of time. I think it's like six months.

675
00:38:18,800 --> 00:38:21,319
Speaker 1: Then you've got things like the Distance Education Study, which

676
00:38:21,360 --> 00:38:23,640
Speaker 1: was really it was worded this way into the d

677
00:38:23,760 --> 00:38:26,880
Speaker 1: m c A because that the you know, Congress wanted

678
00:38:26,920 --> 00:38:30,280
Speaker 1: to explore ways to promote distance education to give people

679
00:38:30,280 --> 00:38:34,000
Speaker 1: more opportunities for educational purposes. UM. So that was just

680
00:38:34,040 --> 00:38:36,319
Speaker 1: really kind of put in there to say, let's put

681
00:38:36,320 --> 00:38:39,320
Speaker 1: a placeholder here and really think about what this means.

682
00:38:39,360 --> 00:38:41,480
Speaker 1: So it doesn't directly affect the d m c A

683
00:38:41,520 --> 00:38:46,239
Speaker 1: in this case, but later legislation definitely does. Um. The

684
00:38:46,400 --> 00:38:49,800
Speaker 1: nonprofit libraries we've already kind of talked about. Webcasting was

685
00:38:49,880 --> 00:38:52,440
Speaker 1: interesting because this ended up setting up certain rules that

686
00:38:53,080 --> 00:38:56,800
Speaker 1: internet radio stations have to follow that terrestrial radio stations

687
00:38:56,800 --> 00:38:59,040
Speaker 1: don't necessarily have to follow, and this has caused a

688
00:38:59,080 --> 00:39:03,200
Speaker 1: lot of cern among both parties. Sure. Yeah, and this

689
00:39:03,280 --> 00:39:05,359
Speaker 1: is why Pandora, for example, works the way that it does.

690
00:39:05,400 --> 00:39:09,280
Speaker 1: If if you've ever used Pandora, you know that, uh,

691
00:39:09,360 --> 00:39:11,560
Speaker 1: it will never play a specific song that you that

692
00:39:11,600 --> 00:39:13,799
Speaker 1: you tell it to play right off the bat. It

693
00:39:13,840 --> 00:39:17,080
Speaker 1: has to to take a sample of similar songs and

694
00:39:17,080 --> 00:39:19,680
Speaker 1: play them in a random order. It also cannot play

695
00:39:19,880 --> 00:39:24,319
Speaker 1: a certain song more than more often than you know,

696
00:39:24,600 --> 00:39:26,799
Speaker 1: a certain amount of time. Yeah, there's usually like the

697
00:39:26,880 --> 00:39:28,800
Speaker 1: rules are kind of weird, Like there's one that says

698
00:39:28,800 --> 00:39:34,319
Speaker 1: you cannot, uh, you cannot have the same songs from

699
00:39:34,360 --> 00:39:37,680
Speaker 1: the same album play in like a three hour period,

700
00:39:38,000 --> 00:39:40,080
Speaker 1: or you can only do a certain number like it's

701
00:39:40,120 --> 00:39:43,560
Speaker 1: it's really specific rules. Yeah, and it's it's why you

702
00:39:43,600 --> 00:39:46,120
Speaker 1: can't skip too many songs at once because it might

703
00:39:46,880 --> 00:39:49,760
Speaker 1: mess with the algorithm and force something to be randomly

704
00:39:49,800 --> 00:39:52,960
Speaker 1: played sooner than right. Yeah, and then you also there's

705
00:39:53,000 --> 00:39:55,520
Speaker 1: even things about like like if you have a looping

706
00:39:55,600 --> 00:39:58,200
Speaker 1: program that's broadcast on the internet, it has to be

707
00:39:58,239 --> 00:40:00,719
Speaker 1: at least three hours long, Like you can't have a

708
00:40:00,760 --> 00:40:03,160
Speaker 1: one hour Like let's say you made a playlist and

709
00:40:03,200 --> 00:40:05,200
Speaker 1: it's about a one hour long playlist. You could not

710
00:40:05,280 --> 00:40:07,799
Speaker 1: have that being looped on the internet because it's not

711
00:40:07,880 --> 00:40:11,719
Speaker 1: long enough to meet these requirements. Also, of course, if

712
00:40:11,719 --> 00:40:14,200
Speaker 1: you were playing anything that was under copyright, you would

713
00:40:14,200 --> 00:40:17,080
Speaker 1: have to pay whatever the the appropriate licensing fees were

714
00:40:17,120 --> 00:40:20,160
Speaker 1: in order to have that. Uh and uh and that's

715
00:40:20,200 --> 00:40:22,120
Speaker 1: also an issue, but we won't you know, that's that's

716
00:40:22,120 --> 00:40:25,759
Speaker 1: almost its own podcast really to cover all of those issues. Um,

717
00:40:25,800 --> 00:40:28,840
Speaker 1: the motion pictures section has to do with residual payments

718
00:40:28,840 --> 00:40:32,719
Speaker 1: that go out whenever a motion picture or movie as

719
00:40:32,760 --> 00:40:35,239
Speaker 1: some of us are our film even if we're want

720
00:40:35,239 --> 00:40:38,279
Speaker 1: to go old school super fansom, but you know, there

721
00:40:38,320 --> 00:40:42,040
Speaker 1: there are residual payments. They go out to the people

722
00:40:42,040 --> 00:40:45,160
Speaker 1: who worked on a film whenever it's being broadcast or

723
00:40:45,160 --> 00:40:48,640
Speaker 1: played or whatever. Uh. And so that had that's what

724
00:40:48,880 --> 00:40:50,520
Speaker 1: that part of the title four had to do with it.

725
00:40:51,000 --> 00:40:53,040
Speaker 1: Now we get to title five, which my favorite of

726
00:40:53,080 --> 00:40:55,359
Speaker 1: all the titles because it is the one that makes

727
00:40:55,400 --> 00:40:58,080
Speaker 1: my brain explode. So I am going to tell you

728
00:40:58,160 --> 00:41:01,239
Speaker 1: what title five covers, and I promise this is not

729
00:41:01,320 --> 00:41:03,480
Speaker 1: a joke. Now keep in right mind. This is the

730
00:41:03,719 --> 00:41:07,640
Speaker 1: Digital Millennium Copyright Act. So the d m c A

731
00:41:07,760 --> 00:41:12,000
Speaker 1: Title five says the vessel hull design Protection Act creates

732
00:41:12,000 --> 00:41:14,280
Speaker 1: a new form of protection for the design of vessel hulls.

733
00:41:14,960 --> 00:41:17,360
Speaker 1: And you might say, wait a minute, or are you

734
00:41:17,440 --> 00:41:20,360
Speaker 1: talking about and yes, I am talking about boats people.

735
00:41:20,760 --> 00:41:23,360
Speaker 1: So it creates a new system for protecting original designs

736
00:41:23,400 --> 00:41:27,440
Speaker 1: of certain useful articles that make the article attractive or

737
00:41:27,480 --> 00:41:31,959
Speaker 1: distinctive in appearance. Uh. That means it's specifically about the

738
00:41:32,080 --> 00:41:36,000
Speaker 1: aesthetic design of a boat hull. It is limited to

739
00:41:36,000 --> 00:41:38,720
Speaker 1: the holes of vessels no longer than two hundred feet

740
00:41:40,200 --> 00:41:44,520
Speaker 1: in the d m c A. Well, it's it. It's

741
00:41:44,560 --> 00:41:47,200
Speaker 1: not digital. It's a design. You could this could apply

742
00:41:47,360 --> 00:41:51,840
Speaker 1: to something that's written on paper. There's nothing digital about this.

743
00:41:52,000 --> 00:41:54,239
Speaker 1: It has nothing to do with the rest of the Act.

744
00:41:54,280 --> 00:41:56,800
Speaker 1: It is just about boats. Now. You know what makes

745
00:41:56,840 --> 00:41:59,319
Speaker 1: me think? Makes me think that some old senator out there,

746
00:41:59,560 --> 00:42:02,040
Speaker 1: and apologies to you, old senator if you're the one

747
00:42:02,040 --> 00:42:04,680
Speaker 1: who said this, but clearly, clearly these boats are for

748
00:42:04,880 --> 00:42:08,200
Speaker 1: surfing the interweb. I've seen. What I think is there

749
00:42:08,239 --> 00:42:10,680
Speaker 1: was an old senator out there who was saying protecting

750
00:42:10,719 --> 00:42:17,000
Speaker 1: against parrishy something parish alright, parasity, let's protect boats. And

751
00:42:17,200 --> 00:42:19,560
Speaker 1: uh also probably said that the Internet is a series

752
00:42:19,560 --> 00:42:24,279
Speaker 1: of tubes. Oh, it drives me crazy. This. By the way,

753
00:42:24,320 --> 00:42:26,400
Speaker 1: if you were not from the United States, hey, this

754
00:42:26,520 --> 00:42:31,160
Speaker 1: is how our law works. We have laws where occasionally

755
00:42:31,200 --> 00:42:34,480
Speaker 1: you're reading through the law and something completely not connected

756
00:42:34,520 --> 00:42:37,280
Speaker 1: to the rest of the law gets thrown in there

757
00:42:37,320 --> 00:42:42,080
Speaker 1: for reasons that are probably best not explored because it

758
00:42:42,160 --> 00:42:47,080
Speaker 1: will just make you despair over the state of affairs

759
00:42:47,120 --> 00:42:48,920
Speaker 1: in the legal system in the United States. You know,

760
00:42:48,920 --> 00:42:50,719
Speaker 1: they really wanted to pass it through. This was a

761
00:42:50,719 --> 00:42:52,920
Speaker 1: big popular thing that was going on, and they figured

762
00:42:53,000 --> 00:42:55,440
Speaker 1: they figured, you know, those kids with their with their

763
00:42:55,640 --> 00:42:59,040
Speaker 1: Internet surfboards in there and their piracy are never going

764
00:42:59,120 --> 00:43:01,960
Speaker 1: to notice. So let's I mean, if you do it now.

765
00:43:02,120 --> 00:43:04,399
Speaker 1: I when I read it, I thought this has got

766
00:43:04,400 --> 00:43:06,719
Speaker 1: to be a joke. And I thought, there's no there's

767
00:43:06,719 --> 00:43:09,360
Speaker 1: no other humor in this very long document that I'm reading.

768
00:43:10,200 --> 00:43:12,719
Speaker 1: Why would this be the only thing? I just I

769
00:43:12,719 --> 00:43:17,840
Speaker 1: don't get. It is so ridiculous. Okay, Well, and anyway,

770
00:43:17,880 --> 00:43:19,200
Speaker 1: there are a lot of parts about the d m

771
00:43:19,280 --> 00:43:22,480
Speaker 1: c A that make my brain angry and want me

772
00:43:22,520 --> 00:43:25,840
Speaker 1: to go hulk smash, But this is this is probably

773
00:43:25,880 --> 00:43:29,640
Speaker 1: the capper on it, both figuratively and literal lasons. It

774
00:43:29,719 --> 00:43:32,320
Speaker 1: is the last of the five titles. So that's the

775
00:43:32,400 --> 00:43:35,040
Speaker 1: d m c A, folks. That's the that Those are

776
00:43:34,800 --> 00:43:38,200
Speaker 1: the amendments to the existing law that all are there

777
00:43:38,239 --> 00:43:42,439
Speaker 1: to uh to try and protect copyright owners from having

778
00:43:42,480 --> 00:43:47,480
Speaker 1: their works stolen willie and or nilly across the interwebs. Um,

779
00:43:47,680 --> 00:43:50,480
Speaker 1: there's a there's It's been under fire many many times

780
00:43:51,040 --> 00:43:54,279
Speaker 1: for several of the passages within the d m c A.

781
00:43:54,960 --> 00:43:57,680
Speaker 1: There have been lots of court cases that have challenged

782
00:43:57,800 --> 00:43:59,720
Speaker 1: various parts of the d m c A with varying

783
00:43:59,760 --> 00:44:02,440
Speaker 1: degree eas of success. And of course there have been

784
00:44:02,520 --> 00:44:06,960
Speaker 1: other proposed forms of law that kind of tied back

785
00:44:07,000 --> 00:44:09,560
Speaker 1: into the d m c A. And some people say, well,

786
00:44:09,600 --> 00:44:12,280
Speaker 1: why do we even why why is this law being proposed?

787
00:44:12,280 --> 00:44:15,360
Speaker 1: We already have the d m c A in effect

788
00:44:15,360 --> 00:44:18,080
Speaker 1: in the United States, so therefore we should not pursue

789
00:44:18,120 --> 00:44:20,880
Speaker 1: even more, Like why why are you painting over this

790
00:44:20,920 --> 00:44:24,800
Speaker 1: fence that has already painted painted extremely thoroughly, right, Yeah,

791
00:44:25,000 --> 00:44:27,680
Speaker 1: this is no somehow into the air in the borders

792
00:44:27,719 --> 00:44:30,440
Speaker 1: above the fence. It's no Tom Sawyer job here, folks.

793
00:44:30,480 --> 00:44:32,520
Speaker 1: This is a very well painted We're bringing it back

794
00:44:32,560 --> 00:44:38,239
Speaker 1: to Mark Twain very literary podcast today. So yeah, you know,

795
00:44:38,320 --> 00:44:41,560
Speaker 1: it's kind of interesting. It's also kind of infuriating. Um,

796
00:44:41,800 --> 00:44:46,160
Speaker 1: but I do understand the perspective of copyright holders and

797
00:44:46,200 --> 00:44:50,160
Speaker 1: wanting to protect their property. Uh. I don't necessarily agree

798
00:44:50,160 --> 00:44:52,799
Speaker 1: with how it's come about, but I totally agree with

799
00:44:53,000 --> 00:44:55,799
Speaker 1: the desire to do so. Some measures clearly had to

800
00:44:55,800 --> 00:44:58,960
Speaker 1: be made to prevent things like our Buddies and Napster

801
00:44:59,239 --> 00:45:03,239
Speaker 1: from Yeah, and again, like I still, my argument is

802
00:45:03,239 --> 00:45:07,319
Speaker 1: still that if you make something that's easy too for

803
00:45:07,360 --> 00:45:11,200
Speaker 1: people to buy and you know, and if you have

804
00:45:11,280 --> 00:45:14,040
Speaker 1: guaranteed the quality of that product, then people will tend

805
00:45:14,080 --> 00:45:17,800
Speaker 1: to buy it. If you can't do that or won't

806
00:45:17,880 --> 00:45:21,000
Speaker 1: do that, then people are more willing to try and find,

807
00:45:21,160 --> 00:45:23,640
Speaker 1: you know, underhanded means of getting access to that content.

808
00:45:24,120 --> 00:45:26,520
Speaker 1: And that wraps up another classic episode of tech Stuff.

809
00:45:26,560 --> 00:45:29,480
Speaker 1: Hope you guys enjoyed it. If you have any suggestions

810
00:45:29,480 --> 00:45:32,960
Speaker 1: for future tech stuff topics, let me know by reaching

811
00:45:32,960 --> 00:45:35,720
Speaker 1: out on Facebook or Twitter. I use the handle text

812
00:45:35,719 --> 00:45:38,719
Speaker 1: stuff h s W for both, and I'll talk to

813
00:45:38,760 --> 00:45:46,520
Speaker 1: you again relea so soon. Yeah. Text Stuff is an

814
00:45:46,520 --> 00:45:50,200
Speaker 1: I Heart Radio production. For more podcasts from my Heart Radio,

815
00:45:50,560 --> 00:45:53,720
Speaker 1: visit the i Heart Radio app Apple Podcasts or wherever

816
00:45:53,800 --> 00:45:55,320
Speaker 1: you listen to your favorite shows.