WEBVTT - TechStuff Classic: What is the DMCA? 0:00:04.400 --> 0:00:07.760 Welcome to tex Stuff, a production from I Heart Radio. 0:00:11.960 --> 0:00:14.600 Hey there, and welcome to tech Stuff. I'm your host, 0:00:14.880 --> 0:00:18.640 Jonathan Strickland. I'm an executive producer with I Heart Radio 0:00:18.720 --> 0:00:20.840 and a lot of all things tech and it's time 0:00:20.880 --> 0:00:24.440 for another tech Stuff classic episode. This one originally published 0:00:24.440 --> 0:00:28.400 on May one, two thousand thirteen, and it is titled 0:00:28.720 --> 0:00:32.520 what is the d m c A. Let's find out. 0:00:33.240 --> 0:00:37.200 The whole reason we're tackling this again is that it's 0:00:37.479 --> 0:00:39.240 it's you know, when we talk about piracy and we 0:00:39.280 --> 0:00:41.960 talk about copyright and we talk about intellectual property and 0:00:42.280 --> 0:00:46.760 safe haven, most of that has to do with the 0:00:47.240 --> 0:00:49.960 various copyright laws, at least here in the United States 0:00:49.960 --> 0:00:51.879 that we have several copyright laws, but a lot of 0:00:51.920 --> 0:00:54.120 it refers back to the d m c A. And 0:00:54.160 --> 0:00:56.320 the reason why the d m c A is even 0:00:56.360 --> 0:01:00.880 a thing is because once we started entering the digital era, uh, 0:01:00.920 --> 0:01:05.160 the landscape changed dramatically, all right. So before the digital era, 0:01:05.200 --> 0:01:08.640 when everything was analog, you could make copies of stuff, 0:01:08.720 --> 0:01:12.160 but it tended to be slow. It tended to take 0:01:12.200 --> 0:01:14.040 a lot of effort on the part of the person 0:01:14.080 --> 0:01:17.039 making the copy. It was not easy for your average 0:01:17.080 --> 0:01:20.360 person to make a copy of something and then distribute 0:01:20.360 --> 0:01:22.680 it right for you you know. For for example, before 0:01:22.760 --> 0:01:24.759 digital books, in order to make a copy of a book, 0:01:24.760 --> 0:01:26.399 you had to either um, you know, put it on 0:01:26.400 --> 0:01:29.840 a copy machine, or in the olden days of break 0:01:29.880 --> 0:01:34.280 into a printing press room or hold some monks at 0:01:34.319 --> 0:01:39.360 crossbow point and say illuminated the script faster. Um. Yeah, 0:01:39.520 --> 0:01:42.119 it was not easy. And so while there were protections 0:01:42.120 --> 0:01:46.960 in place to keep intellectual property under the the ownership 0:01:47.040 --> 0:01:49.080 of the person who created it or the entity that 0:01:49.160 --> 0:01:51.320 owned the rights to it, because of course we all 0:01:51.320 --> 0:01:54.440 know the copyright holder is not necessarily the person who 0:01:54.480 --> 0:01:59.160 actually made created yes, but anyway, there were laws in 0:01:59.200 --> 0:02:03.040 place to protect that property. But you know, the it 0:02:03.080 --> 0:02:07.120 was pretty easy to combat any sort of piracy just 0:02:07.200 --> 0:02:09.799 because it was. It was a lot of trouble to 0:02:09.919 --> 0:02:13.240 pirates stuff. Uh you know. I can remember back in 0:02:13.240 --> 0:02:16.080 the day when I was a little kid occasionally using 0:02:16.080 --> 0:02:19.519 a cassette recorder to copy a song that was playing 0:02:19.520 --> 0:02:24.280 on the radio. Soak, right, But have been until right 0:02:24.360 --> 0:02:28.040 until U cassettes both video and audio came out, it 0:02:28.080 --> 0:02:30.800 wasn't so much an issue, no, no, And and in fact, 0:02:31.120 --> 0:02:35.359 the various industries that have an interest in distributing and 0:02:35.520 --> 0:02:41.000 producing and distributing media very much opposed things like cassettes 0:02:41.120 --> 0:02:46.079 and video tapes. But eventually the government said, no, the 0:02:46.120 --> 0:02:50.280 benefit of this outweighs the potential threat to your industry, 0:02:50.720 --> 0:02:53.040 and in many ways they were They were very much right, 0:02:53.120 --> 0:02:56.520 because again it just was not easy to circumvent that stuff. 0:02:57.120 --> 0:02:59.320 But once we get into the digital era, now you're 0:02:59.320 --> 0:03:03.640 talking about the ability to take information. Zeros and ones 0:03:03.720 --> 0:03:06.480 is ultimately what we're talking about here. You can take 0:03:06.520 --> 0:03:09.960 information and you can make copies of it relatively easily 0:03:10.080 --> 0:03:13.480 and distribute it relatively easily, especially once the internet Internet 0:03:13.480 --> 0:03:16.400 became a thing. And yeah, so now now we're in 0:03:16.440 --> 0:03:19.320 an era where you could have a book published and 0:03:19.400 --> 0:03:23.079 someone could take a digital version of that book, strip 0:03:23.080 --> 0:03:26.120 away any sort of copyright protection that happens to be there, 0:03:26.440 --> 0:03:30.480 and distribute it freely to whomever they like. And obviously 0:03:30.560 --> 0:03:33.960 the various publication industries, music industries, movie television, all that 0:03:34.000 --> 0:03:36.960 kind of stuff, they were very much concerned about this, 0:03:37.080 --> 0:03:41.280 and and rightfully so, because if it is easier to 0:03:41.400 --> 0:03:44.320 get at the material by pirating it than by buying it, 0:03:44.440 --> 0:03:46.680 that's what people are going to do. Well, sure, there 0:03:46.840 --> 0:03:48.760 there's a little bit of contention about that, you know, 0:03:48.840 --> 0:03:51.560 studies and pretty informal studies as if you have the 0:03:51.560 --> 0:03:55.360 people have done about how being able to preview something 0:03:55.400 --> 0:03:59.520 for free actually increases sales on that paid object. Sure, 0:04:00.240 --> 0:04:03.520 there's there's a lot of anecdotal evidence that says that 0:04:03.640 --> 0:04:06.640 pirates tend to buy more stuff than anyone else does. 0:04:06.800 --> 0:04:09.680 So in other words, like a pirate will will download 0:04:10.080 --> 0:04:13.960 a torrent of a movie or a television show, really 0:04:14.040 --> 0:04:15.640 enjoy it, and then go out and buy a copy 0:04:15.680 --> 0:04:17.919 of it, because they want to have that legitimate copy 0:04:17.920 --> 0:04:20.240 that has all the bells and whistles. Right, Although publishers 0:04:20.240 --> 0:04:22.159 are starting to take steps these days, you know, and 0:04:22.440 --> 0:04:26.839 letting you preview more and more of songs online or 0:04:26.960 --> 0:04:29.000 or access and things through something like Netflix so that 0:04:29.080 --> 0:04:30.920 you can really check something out and see if it's 0:04:30.960 --> 0:04:33.160 something that you're interested in purchasing before you right, and 0:04:33.240 --> 0:04:36.280 Amazon has a lending library, so but all of these 0:04:36.320 --> 0:04:38.640 things are kind of subscription based, so you're still paying 0:04:38.680 --> 0:04:41.680 into a system. It's just now you're you've gotten a 0:04:41.760 --> 0:04:44.680 lot more options instead of just I want to buy 0:04:44.720 --> 0:04:47.880 this site unseen and hopefully I will like it. But anyway, 0:04:48.000 --> 0:04:50.360 So the d m c A was was this series 0:04:50.680 --> 0:04:54.440 of tweaks to existing law in the United States, and 0:04:54.520 --> 0:04:57.520 itself was not just a brand new law. It was 0:04:57.560 --> 0:05:01.599 really to add amendments to existing law in the US 0:05:01.720 --> 0:05:06.440 and it was trying to bring US law into alignment 0:05:06.480 --> 0:05:11.640 with world the world intellectual property treaties from two of 0:05:11.640 --> 0:05:14.800 them in particular, one called the Wipeo Copyright Treaty and 0:05:14.839 --> 0:05:18.800 one called the wipe Out Performances and Phonograms Treaty. And 0:05:19.120 --> 0:05:21.880 so this was also to kind of help make a 0:05:22.000 --> 0:05:26.440 united front and on the global scale of copyright holders 0:05:26.600 --> 0:05:29.880 versus the evil, nasty, horrible pirates who are going to 0:05:29.960 --> 0:05:34.800 destroy everything from within. Yeah, those those Wipeo treaties were 0:05:35.000 --> 0:05:40.919 introduced in the d m c A was originally sponsored 0:05:40.920 --> 0:05:45.719 by Republican Howard Koble of North Carolina in the US House. 0:05:45.960 --> 0:05:49.719 YEP and uh. And it went through several revisions, a 0:05:49.720 --> 0:05:54.159 few iterations that ended up adding some interesting things which 0:05:54.160 --> 0:05:57.120 we will get to. Uh wait to get to it. 0:05:57.160 --> 0:05:58.719 I am just chomping at the bit to get to 0:05:58.760 --> 0:06:01.560 the end of this podcast. It finally, it finally passed 0:06:01.640 --> 0:06:06.719 in October when then President Bill Clinton signed it YEP, 0:06:06.960 --> 0:06:10.279 signed into law. So let's kind of start talking about 0:06:10.480 --> 0:06:12.880 what is actually in the d m c A. It's 0:06:12.920 --> 0:06:17.520 divided into five titles or five sections, and the first 0:06:17.520 --> 0:06:21.320 two titles are the ones that have the most interesting 0:06:21.400 --> 0:06:24.919 content from where we are, So we're gonna we're gonna 0:06:24.920 --> 0:06:28.240 really concern those first two titles, but don't worry, the 0:06:28.279 --> 0:06:31.400 other three will get covered because title five is a 0:06:31.480 --> 0:06:35.680 doozy alright. So title one, this is from a summary 0:06:35.760 --> 0:06:37.279 of the d m c A. So I'm gonna just 0:06:37.400 --> 0:06:43.760 read the little blurb verbatim. The White Bow Copyright and 0:06:43.760 --> 0:06:47.880 Performances in Phonograms Treaties Implementation Act of implements the White 0:06:47.839 --> 0:06:50.400 Bow Treaties, and so it amends US law to provide 0:06:50.400 --> 0:06:53.240 appropriate references and links to the White Bow Treaties. It 0:06:53.279 --> 0:06:57.080 also prohibits circumvention of technological measures used by copyright owners 0:06:57.120 --> 0:06:59.880 to protect their works, such as dr M that I added, 0:07:00.120 --> 0:07:01.719 such as d r M by the way, that's not 0:07:01.760 --> 0:07:05.200 in the original language. That is very important. Yes, adds 0:07:05.279 --> 0:07:09.240 civil remedies and criminal penalties for violating the prohibitions. So, 0:07:09.320 --> 0:07:10.920 in other words, this is the part of the d 0:07:11.000 --> 0:07:13.000 m c A that makes it illegal to try and 0:07:13.080 --> 0:07:17.800 get around copy protection. So if that copy protection is 0:07:17.880 --> 0:07:22.880 something that's physically part of a device that plays digital media, 0:07:23.000 --> 0:07:26.520 or if it's something that's within the digital media itself, 0:07:26.560 --> 0:07:30.360 so software based, it is, by by the definition of 0:07:30.400 --> 0:07:33.760 the d m c A illegal to circumvent that in 0:07:33.800 --> 0:07:38.040 any way unless unless there are certain circumstances in play 0:07:38.320 --> 0:07:43.520 right and its specifically covers unauthorized access, but not unauthorized 0:07:43.640 --> 0:07:49.000 copying only for fair use. Unauthorized copy is still covered 0:07:49.040 --> 0:07:52.560 if it's not for fair use, So that that raises 0:07:52.560 --> 0:07:56.040 the question what is fair use. Fair use is this 0:07:56.120 --> 0:07:59.200 concept where you are allowed to use someone else's work, 0:07:59.320 --> 0:08:04.280 some other copyrighted work in very specific specific circumstances, such 0:08:04.280 --> 0:08:08.240 as if you were providing commentary about that work. So 0:08:08.400 --> 0:08:12.240 let's say, for example, that Lauren and I wanted to 0:08:12.280 --> 0:08:15.520 take something that had been published and copyrighted, UH and 0:08:15.560 --> 0:08:18.480 it's about technology, and we wanted to really critique it 0:08:18.720 --> 0:08:22.160 and explain it and explore it and and add to 0:08:22.200 --> 0:08:25.000 it with our own point points of view. UH, and 0:08:25.040 --> 0:08:28.600 we wanted to quote an entire page of that work. Well, 0:08:28.640 --> 0:08:32.440 as long as we're doing it responsibly and we are 0:08:32.559 --> 0:08:36.400 actually providing commentary that adds to the discussions as long 0:08:36.400 --> 0:08:39.480 as we're not just broadcasting this back out at you 0:08:39.920 --> 0:08:42.440 for free, whereas normally you would have to pay to 0:08:42.440 --> 0:08:44.040 get it, as long as you know we're adding enough 0:08:44.080 --> 0:08:46.320 to it to make it fair use, Yeah, that would 0:08:46.360 --> 0:08:49.400 be fair use. And so you'll you'll often hear people say, oh, 0:08:49.600 --> 0:08:52.079 like with music, you could play about fifteen seconds of 0:08:52.160 --> 0:08:55.640 music and then that's fair use. No, there is actually 0:08:55.720 --> 0:08:59.280 not a definition of how much work you can quote 0:08:59.840 --> 0:09:04.520 or or play that remains free. Like your your intent 0:09:04.600 --> 0:09:07.800 and your ability to make money off of the product 0:09:07.960 --> 0:09:13.160 is definitely in a lot of the consideration here. For 0:09:13.160 --> 0:09:15.520 for example, there was a case in two thousand seven 0:09:15.559 --> 0:09:19.720 Stephanie Lens versus Universal move Music Corporation, which was really interesting. 0:09:19.760 --> 0:09:21.480 I'm kind of cutting into the middle of the meat here, 0:09:21.520 --> 0:09:23.160 but but I wanted to bring this up. We're talking 0:09:23.160 --> 0:09:25.040 about the East because this was a This was a 0:09:25.040 --> 0:09:27.280 woman who uploaded a picture of her thirteen month old 0:09:27.320 --> 0:09:31.440 baby dancing to princes Let's go crazy onto YouTube. Um 0:09:31.960 --> 0:09:33.880 fun times for everybody, right. It was a twenty nine 0:09:33.880 --> 0:09:37.400 second clip and Universal told YouTube to take it down. 0:09:37.600 --> 0:09:41.440 They said this violates copyright law. She did not ask 0:09:41.480 --> 0:09:44.079 for permission to Prince to to use that song take 0:09:44.120 --> 0:09:46.360 it down. They did take it down, and she she 0:09:46.480 --> 0:09:51.160 soon universal for UM legal fees to contact YouTube to 0:09:51.240 --> 0:09:54.360 get it back up, and also for you know, just 0:09:54.360 --> 0:09:57.319 just messing with your life, and and and and the 0:09:57.400 --> 0:10:00.560 judge ruled in that particular case that it it was 0:10:00.640 --> 0:10:04.439 fair use, and that also UM companies really do need 0:10:04.480 --> 0:10:07.080 to check the fair use isn't being broken before they 0:10:07.120 --> 0:10:09.600 ask for content to be removed. Yeah, you'll often hear 0:10:09.600 --> 0:10:11.680 about that too. I mean there's a I don't I 0:10:11.720 --> 0:10:14.440 didn't write down this particular instance, but I know for 0:10:14.520 --> 0:10:16.160 a fact that it happened because I know some of 0:10:16.160 --> 0:10:19.679 the people who are involved. Uh. This Weekend Text Tech 0:10:19.720 --> 0:10:24.560 News Today, Uh The The that's a show that's done 0:10:24.600 --> 0:10:28.600 with Sarah Lane, Tom Merritt and i Azactar on Leo 0:10:28.679 --> 0:10:33.079 Reports Network. They did a a show that at one 0:10:33.120 --> 0:10:36.200 point they were talking about a video that was also 0:10:36.240 --> 0:10:39.880 a copyright of work. And so part of their show 0:10:39.960 --> 0:10:42.400 is both an audio podcast and a video podcast. You 0:10:42.400 --> 0:10:46.080 can get it in either format, and the video podcasts 0:10:46.200 --> 0:10:49.960 also get uploaded to YouTube. YouTube ended up taking that 0:10:50.000 --> 0:10:53.320 one down when they got a request from the owner 0:10:53.400 --> 0:10:57.640 of the video, even though it was very much evident 0:10:57.960 --> 0:11:00.720 that this was a case where it was fair uses 0:11:00.720 --> 0:11:03.880 in play because they were providing commentary about the video itself. 0:11:03.920 --> 0:11:06.720 They weren't just playing the video. It was all about 0:11:07.520 --> 0:11:10.319 uh really analyzing and talking about it in a way 0:11:10.360 --> 0:11:15.320 that was was transformative and uh As it took quite 0:11:15.360 --> 0:11:20.079 some time to get that turned around. On YouTube's defense, 0:11:20.280 --> 0:11:23.880 I will say that if they don't act quickly, bad 0:11:23.920 --> 0:11:26.360 things can happen to YouTube. But we'll get into that. 0:11:26.360 --> 0:11:29.600 That's a little bit later. Into a title one also 0:11:29.640 --> 0:11:33.080 covers some other stuff. One thing it says is that 0:11:33.360 --> 0:11:36.640 if you are talking about public domain public domains, another 0:11:36.679 --> 0:11:38.520 thing we need to talk about public domain is when 0:11:39.080 --> 0:11:44.679 you have a work that has existed longer than copyright 0:11:44.720 --> 0:11:50.800 protection will cover that work. So it varies from country 0:11:50.800 --> 0:11:53.440 to country. So for example, let's just say what will 0:11:53.480 --> 0:11:58.160 make a hypothetical example. Let's say that a country protects 0:11:58.200 --> 0:12:01.480 any copyright of work for twenty years. After a work 0:12:01.720 --> 0:12:04.520 has existed for more than twenty years, it enters into 0:12:04.520 --> 0:12:07.000 the public domain, meaning anyone can use it any way 0:12:07.080 --> 0:12:09.200 they like. You can publish as many you can take 0:12:09.200 --> 0:12:11.480 that work. You could print out your own copies so 0:12:11.520 --> 0:12:13.439 you can distribute them freely. You could run down the 0:12:13.480 --> 0:12:17.200 street laughing like a maniac and chucking copies at people's heads. Uh, 0:12:18.120 --> 0:12:21.080 people say sometimes around band booked week with with Mark 0:12:21.120 --> 0:12:24.400 Twain properties, for example, you could get arrested for some 0:12:24.520 --> 0:12:26.720 form of assault and battery that way, but you won't 0:12:26.760 --> 0:12:29.720 be arrested for distributing copyright at work. Because it's in 0:12:29.720 --> 0:12:33.120 the public domain. You can do whatever you like with it. Again, 0:12:33.520 --> 0:12:37.079 the amount of time that a work exists before it's 0:12:37.080 --> 0:12:39.600 in public domain varies by country to country, and in 0:12:39.679 --> 0:12:42.880 the United States, for example, that number keeps going up 0:12:43.000 --> 0:12:46.720 because we have some pretty powerful people who are saying like, no, no, no, 0:12:46.840 --> 0:12:49.959 we we really want to keep Snow White for example. Yeah, 0:12:51.000 --> 0:12:53.640 even though it published in the there's a certain mouse 0:12:53.800 --> 0:12:58.240 that has had a large amount of influence on this 0:12:58.280 --> 0:13:02.160 particular subject. Yeah, it's very true. Disney has been very 0:13:02.240 --> 0:13:06.080 active in keeping uh you know, adding more years to 0:13:06.400 --> 0:13:09.520 what would be considered copyright. And then there's the question 0:13:09.559 --> 0:13:13.160 of well, can we transfer it so that even after 0:13:13.280 --> 0:13:17.720 the copyright holder has passed away or maybe the company 0:13:18.200 --> 0:13:20.800 turns into something else, like, can we keep it so 0:13:20.840 --> 0:13:24.440 that those rights continue can be transferred to the next Yeah. 0:13:24.520 --> 0:13:26.480 So so there are a lot of issues with that. Well. 0:13:26.520 --> 0:13:29.120 The title one of d m c A tells us 0:13:29.160 --> 0:13:34.000 that the the rules about public domain revert to the 0:13:34.120 --> 0:13:38.079 country of origin of that work. So if the work 0:13:38.160 --> 0:13:41.800 was produced in uh, say, France, then whatever France, as 0:13:41.840 --> 0:13:44.480 the rules are for public domain, would be in play, 0:13:44.640 --> 0:13:46.400 no matter where else in the world you might be, 0:13:46.480 --> 0:13:48.280 or well, in this case, in the United States, because 0:13:48.320 --> 0:13:52.079 DMC only covers the US. Clearly right right in the 0:13:52.120 --> 0:13:54.960 United States, is not adding jurisdiction of the entire world here, 0:13:55.160 --> 0:13:57.760 they are not. However, an important part of that title 0:13:57.800 --> 0:14:00.440 one is that um it names the US as a 0:14:00.480 --> 0:14:03.800 member country of of WIPO, and it really is, and 0:14:03.840 --> 0:14:06.600 says that it provides equal protection to any other member 0:14:06.640 --> 0:14:09.080 country of WIPO in the United States, any any work 0:14:09.200 --> 0:14:12.480 from Yeah. So in other words, it's supposed to apply 0:14:12.600 --> 0:14:17.040 the same rules and same rigor for any copyrighted work 0:14:17.040 --> 0:14:19.400 that's under threat from a WHIPPO country as it would 0:14:19.480 --> 0:14:22.640 for anything that's from the United States. So no preferential 0:14:22.640 --> 0:14:26.160 treatment for US versus non US. And also with this 0:14:26.240 --> 0:14:29.600 public domain issue, you defer to the rules of the 0:14:29.640 --> 0:14:34.640 country of origin. So whichever country produced said work, that's 0:14:34.680 --> 0:14:38.560 the rules that apply for public domain um and the 0:14:39.000 --> 0:14:44.320 whole unauthorized access versus unauthorized copying. There are some exemptions 0:14:44.360 --> 0:14:49.400 that are allowed, but they are pretty specific. For one thing, 0:14:49.560 --> 0:14:53.280 law enforcement, intelligence and other governmental agencies are exempt from 0:14:53.320 --> 0:14:57.400 Title one, so uh, the you know, the FBI doesn't 0:14:57.400 --> 0:15:00.200 have to worry about following these rules that kind of thing. 0:15:00.680 --> 0:15:05.080 Other exceptions apply to nonprofit library, archive, and educational institutions 0:15:05.120 --> 0:15:09.400 that wish to obtain authorized access to works. So again, uh, 0:15:09.480 --> 0:15:12.840 the access still has to be authorized. They can't circumvent 0:15:12.920 --> 0:15:14.240 and it can't just do it all will and nially 0:15:14.320 --> 0:15:16.760 they have to ask, right, but they can make copies 0:15:16.840 --> 0:15:20.520 if it's for archival purposes. So in that sense, because 0:15:20.520 --> 0:15:23.120 I remember there's two sections here. There's the access and 0:15:23.120 --> 0:15:25.800 then there's the actual copying, because there's been a lot 0:15:25.800 --> 0:15:30.000 of questions about that, uh and and the about the 0:15:30.240 --> 0:15:34.840 you know, making things like a gadget that could circumvent uh, 0:15:35.080 --> 0:15:40.240 the access block part that's illegal, But creating a gadget 0:15:40.280 --> 0:15:43.240 that can get around the copy protection is not illegal. 0:15:43.680 --> 0:15:46.120 That's just the access part that you have to worry about. 0:15:46.160 --> 0:15:48.360 And again it's not illegal, but you have to use 0:15:48.360 --> 0:15:51.520 it in very specific circumstances to not get in trouble. 0:15:52.480 --> 0:15:56.760 Other exceptions include reverse engineering for computer programmers. So if 0:15:56.760 --> 0:16:00.320 you're trying to make a computer program that can be 0:16:00.480 --> 0:16:04.480 interoperable with an existing program, then you can start making 0:16:04.480 --> 0:16:07.040 copies of the existing program in an effort to learn 0:16:07.080 --> 0:16:09.120 how it works so that you can make sure that 0:16:09.200 --> 0:16:13.280 your new software works seamlessly with the old software. That's 0:16:13.320 --> 0:16:16.600 really what that was there to protect. Encryption research is protected, 0:16:16.720 --> 0:16:20.600 so uh, if your work is designed to analyze, evaluate, 0:16:20.640 --> 0:16:24.680 and improve encryption technologies, you're protected. Also for the protection 0:16:24.680 --> 0:16:27.000 of miners. So if there's any technology that's designed to 0:16:27.080 --> 0:16:30.920 limit access to materials that you know are considered to 0:16:30.920 --> 0:16:34.120 be harmful to miners, but it would otherwise violate part 0:16:34.120 --> 0:16:36.960 of Title one, those are exempt from the Title one 0:16:37.080 --> 0:16:41.040 issues as well. And then there's personal privacy, which is 0:16:41.080 --> 0:16:43.200 if the technology that was used to protect a work 0:16:43.240 --> 0:16:48.280 would gain or disseminate unauthorized information about a quote natural 0:16:48.440 --> 0:16:53.360 person unquote, it can be circumvented. So if you were 0:16:53.440 --> 0:16:56.640 to put d r M on something and that DRM, 0:16:56.760 --> 0:16:59.920 as part of what it does besides protecting the copyrighted work, 0:17:00.000 --> 0:17:03.040 would also gather information about you, you can you can 0:17:03.080 --> 0:17:07.119 then circumvent because because they consider that the dissemination of 0:17:07.119 --> 0:17:12.680 the private information is worse than circumventing the DRM. And finally, 0:17:13.320 --> 0:17:17.840 security testing is also exempt from this. So uh yeah, 0:17:17.880 --> 0:17:21.720 any devices that are primarily designed or produced to circumvent 0:17:22.720 --> 0:17:27.600 copyright protection, uh, that have only limited commercially significant purpose 0:17:27.680 --> 0:17:31.080 or use other than to circumvent, or are marketed for 0:17:31.280 --> 0:17:36.639 use in circumventing our big no nose under tital one. Yeah, 0:17:36.720 --> 0:17:41.440 this is this is some interesting stuff. So again, really 0:17:41.520 --> 0:17:44.600 it's the access is the big deal here. Copying. Copying 0:17:44.640 --> 0:17:47.160 is still a problem, you know, you can't just copy 0:17:47.320 --> 0:17:50.199 like crazy. You have to be able to justify it 0:17:50.280 --> 0:17:53.240 under those rules I was talking about. But the access 0:17:53.320 --> 0:17:56.360 is definitely a big issue. So in other words, if 0:17:56.359 --> 0:17:59.920 something is behind a paywall, you can't circumvent the pay 0:18:00.000 --> 0:18:03.480 wall to get at the stuff, because that's how about access. Now, 0:18:03.520 --> 0:18:05.600 if you if you don't have a paywall, if you 0:18:05.600 --> 0:18:09.280 can freely access it, or you've paid to get through it, 0:18:09.480 --> 0:18:12.199 then making the copy, that's more of a question of 0:18:12.320 --> 0:18:15.960 do you fall under one of those exemptions? Right right? Uh? 0:18:16.160 --> 0:18:18.080 It does also say maybe you were getting to this one, 0:18:18.080 --> 0:18:20.640 but I thought that this one was particularly interesting. It 0:18:20.640 --> 0:18:23.480 It says that it does not and will never mandate 0:18:23.600 --> 0:18:26.320 that the design of products be be such that they 0:18:26.359 --> 0:18:31.399 specifically prevent the creation of devices made to circumvent themselves. 0:18:31.640 --> 0:18:35.080 It gets a little a little complicated and timey wimy 0:18:35.119 --> 0:18:38.640 wibbly wobbly, doesn't it. It does, But but it's really 0:18:38.640 --> 0:18:42.720 to protect companies and say say that if you're designing products, 0:18:42.800 --> 0:18:46.199 then it's not your problem if someone creates something that 0:18:46.200 --> 0:18:50.360 can circumvent it. One other thing that title one covers. 0:18:50.680 --> 0:18:54.520 It actually says that the provision prohibits rights holders, meaning 0:18:54.520 --> 0:18:58.480 people who own copyright to material. It prevents them from 0:18:58.520 --> 0:19:03.000 applying the be right prevention or a copyright circumvention prevention 0:19:03.040 --> 0:19:06.720 technologies to free television and basic and extended Basic tier 0:19:07.080 --> 0:19:11.919 cable broadcasts, meaning that you can't put copyright protection on 0:19:12.040 --> 0:19:15.040 stuff that is freely distributed in any way. So you 0:19:15.040 --> 0:19:17.440 could not put some sort of copy protection over over 0:19:17.480 --> 0:19:21.600 the air broadcast because of the very nature of how 0:19:21.640 --> 0:19:24.960 it's distributed. Okay, so so share So so if you 0:19:25.000 --> 0:19:28.000 wanted to record something that was airing on PPS, then 0:19:28.080 --> 0:19:29.720 do it. You could do that. Yeah, anything that was 0:19:29.800 --> 0:19:32.800 on any sort of over the air transmission you would 0:19:32.800 --> 0:19:36.560 be you would. It doesn't fall fall under the umbrella 0:19:36.560 --> 0:19:38.240 of d M c A as as opposed to a 0:19:38.320 --> 0:19:42.320 lot of other digital transmissions or cable transmissions that which 0:19:42.760 --> 0:19:46.240 are here. Here's another thing, like, if that same same 0:19:46.240 --> 0:19:49.480 program that you would have gotten over the air on 0:19:49.560 --> 0:19:52.120 an antenna and you wanted to record it on your 0:19:52.760 --> 0:19:55.760 your home system, if it's perfectly okay under that circumstance, 0:19:56.160 --> 0:19:58.960 it's not perfectly okay if that same program is being 0:19:59.000 --> 0:20:03.160 distributed over the internet. It interesting, huh, because it's two 0:20:03.200 --> 0:20:05.560 different means of distribution. It has nothing to do with 0:20:05.600 --> 0:20:07.720 the content, has nothing to do with whether or not 0:20:07.760 --> 0:20:09.720 it's in their copyright, has everything to do with the 0:20:09.760 --> 0:20:13.120 method of distribution. What a crazy world we live in. 0:20:14.400 --> 0:20:17.040 Do you have anything else to say about Title one, Lauren? 0:20:17.400 --> 0:20:21.360 Anything else? Um? Because it gets crazier from here on out. 0:20:21.600 --> 0:20:23.840 It does get crazier. Now. There's a lot of interesting 0:20:23.920 --> 0:20:26.440 court cases that have come up about what it means 0:20:26.480 --> 0:20:30.560 to be an owner versus a licensee versus a user 0:20:30.800 --> 0:20:35.160 of any of these pieces of media, especially one case 0:20:35.320 --> 0:20:39.239 in two thousand seven Timothy S. Verner versus Autodesk, and 0:20:39.480 --> 0:20:42.320 Verner sued Autodesk because he had been buying all of 0:20:42.320 --> 0:20:46.000 the software from garage sales and selling it on eBay 0:20:46.080 --> 0:20:48.879 and um, some of that. One of these things that 0:20:48.920 --> 0:20:52.080 was included was a program called AutoCAD, owned by Autodesk. 0:20:53.240 --> 0:20:57.680 It's a computer assisted design sure um. The user agreement 0:20:57.800 --> 0:21:00.439 in in AutoCAD says that it's a you are a 0:21:00.480 --> 0:21:04.160 licensee and that your license to use this as non transferable. 0:21:04.920 --> 0:21:08.840 So whoever buys it, that's who. But Verner said it 0:21:08.840 --> 0:21:10.479 wasn't his fault that someone had sold it to him 0:21:10.480 --> 0:21:12.280 at a garage sale and that he should therefore have 0:21:12.359 --> 0:21:15.560 the right to sell it on eBay. And an Autodesk said, 0:21:17.280 --> 0:21:20.600 and it is interesting, I mean, what do you do 0:21:20.840 --> 0:21:25.280 because the person who sold it to Verner as essentially 0:21:25.320 --> 0:21:29.400 the one who's violating that licensing agreement. Right. But but 0:21:30.200 --> 0:21:32.320 the courts, the courts upheld out at desk. They said, 0:21:32.680 --> 0:21:36.120 they said, no, because you have entered into a legal 0:21:36.160 --> 0:21:40.040 agreement period, you are responsible for what you do. It's weird. 0:21:40.160 --> 0:21:42.280 I would have said that the person who entered the 0:21:42.359 --> 0:21:45.840 legal agreement was the one who originally bought the software, 0:21:45.920 --> 0:21:48.600 not him, because if he bought it from a garage sale, 0:21:49.000 --> 0:21:52.760 he did not clearly buy it from any retailer that 0:21:52.920 --> 0:21:55.800 was Autodesk. So it's interesting to me, not that I'm 0:21:55.840 --> 0:21:58.760 contesting what you're saying, but it's interesting to me that 0:21:58.800 --> 0:22:02.119 the court would say that because, as you know, they 0:22:02.160 --> 0:22:05.000 basically ruled that he was never a legitimate owner. Okay, 0:22:05.840 --> 0:22:08.240 So so therefore, because he's not a legitimate owner, he 0:22:08.280 --> 0:22:10.760 cannot be a reseller, cannot be a reseller Crescy. And 0:22:10.880 --> 0:22:12.359 this is one of those things where it kind of 0:22:13.160 --> 0:22:15.479 it's it brings up that whole idea of the right 0:22:15.520 --> 0:22:18.480 of first sale, which is if you buy something, then 0:22:18.560 --> 0:22:21.520 you have the right to sell it off to someone else. 0:22:21.880 --> 0:22:24.919 The digital era has really changed that as well, because 0:22:25.200 --> 0:22:27.320 you can sell something that's digital, and that that's the 0:22:27.440 --> 0:22:29.280 entire that's the entire issue that I'm talking about with 0:22:29.480 --> 0:22:33.119 licensee right, a user versus an owner? Right, Well, I 0:22:33.359 --> 0:22:37.000 and you can understand autodesks point. They might say, well, 0:22:37.119 --> 0:22:39.800 how can we be certain that other than you know, 0:22:39.880 --> 0:22:43.320 through registration, how can we be certain that the copy 0:22:43.400 --> 0:22:46.919 of the of AutoCAD has been white from all the 0:22:46.920 --> 0:22:52.640 computers that the original owner had. So if I bought AutoCAD, hypothetically, 0:22:52.680 --> 0:22:57.320 the key wouldn't work. Yeah, right, which again, uh, the 0:22:57.359 --> 0:23:00.000 problem is that there are programs out there that will 0:23:00.040 --> 0:23:03.000 generate new keys so that you can circumvent it what 0:23:03.119 --> 0:23:06.240 you're not supposed to do. But yeah, so this is interesting. 0:23:06.240 --> 0:23:09.159