diff --git a/20-21/Lectures/#DMCA.org# b/20-21/Lectures/#DMCA.org# new file mode 100644 index 0000000..cadf7be --- /dev/null +++ b/20-21/Lectures/#DMCA.org# @@ -0,0 +1,124 @@ +# -*- mode: org -*- +#+TITLE: The Digital Millennium Copyright Act: +#+AUTHOR: Dr Carey Pridgeon, Dr Nazaraf Shah +* setup :noexport: +#+OPTIONS: reveal_center:t reveal_progress:t reveal_history:t reveal_control:t +#+OPTIONS: reveal_mathjax:t reveal_rolling_links:t reveal_keyboard:t reveal_overview:t num:nil +#+OPTIONS: reveal_width:1200 reveal_height:800 +#+OPTIONS: toc:nil num:nil H:2 ^:{} +#+REVEAL_MARGIN: 0.2 +#+REVEAL_MIN_SCALE: 0.5 +#+REVEAL_MAX_SCALE: 2.5 +#+REVEAL_TRANS: none +#+REVEAL_THEME: night +#+REVEAL_HLEVEL: 999 +#+REVEAL_EXTRA_CSS: css/presentation.css +#+REVEAL_ROOT: https://cdn.jsdelivr.net/reveal.js/3.0.0/ +#+STARTUP: showeverything +# Licenced under Creative Commons Attribution-ShareAlike 4.0 +# International by Dr Carey Pridgeon 2020 +* The Digital Millennium Copyright Act +** +- The Digital Millennium Copyright Act, or DMCA was brought into law in the US + in 1998. +- By implementing two 1996 treaties of the World Intellectual Property + Organization it criminalizes production and dissemination of technology, + devices, or services intended to circumvent measures that control access to + copyrighted works. +- In short, in seeks to prevent the diseminination, *by any means*, of original + copyrighted works by anyone but the copyright holder. +- This includes piracy (obviously), copying videos or DVD's. +** +- It's legal to make a copy of any form of media you own, for personal + use. However, it is *technically* not legal to circumvent copy protection + measures. +- Since these are routinely used on almost all digital media, most people seem to assume + the personal use clause no longer exists. +** +- Video clips from any movie can be used when creating another video, and this + is most often seen on platforms such as Youtube. +- However such use often causes those videos to be claimed by the original + content creator, even when usage falls within the realm of fair use. +** +- Music sampling, if the result is either sold or placed online, will be a + target for litigation, as sampled songs became so popular, remixing so much + older music, the copyright holders of that music started taking the samplers + to court +- Sometimes these cases resulted in them demanding all of the profits [[https://en.wikipedia.org/wiki/Grand_Upright_Music,_Ltd._v._Warner_Bros._Records_Inc.][Grand + Upright Music, Ltd. v. Warner Bros. Records Inc.]], [[https://www.ip-watch.org/2016/06/28/us-courts-split-on-legality-of-music-sampling/][US Courts Split On Legality + Of Music Sampling]]., [[https://flypaper.soundfly.com/discover/5-music-copyright-cases-every-songwriter-should-know-about/][5 Music Copyright Cases Every Songwriter Should Know About]] +** Is The DMCA Fair +- One thing it set out to do was remove fair use, because fair use isn't + profitable. +- I own a good number of DVDs. If the full force of the DMCA were allowed to + take hold I would be forced to replace my entire collection each time + technology advanced to the point my current collection became unusable. This + happened to my audio cassettes, and to my video tapes (although both of those + wore out through re-use, so we'ren't that good anyway). +** +- Some things, like my BBC Shakespeare play DVD boxset, can't be so easily + replaced. Others got their soundtracks replaced because obtaining the rights + to the original music used again would cost too much for such obscure shows. +- If they get re-released at all, why do this when there's streaming now. +- Much better to have a reguler income from customers who will be impressed by + 'hundreds of shows available', but likely only watch the new ones. +** +- Without private copy rights, Lots of these shows wouldn't be available. Once + streaming replaces personal ownership completely, there won't be any option to + flick through your old collection. That has more appeal than you might think. +- Mind you, DVD itself is a dead format, private *digital* copies are the future, + and I think this is what most concerns copyright protection people, since + digital copies can be shared. +- However, so could filmstock (more on this later), and audiotape, then + videotape and DVD. None of that, including online piracy, has brought down the + music, movie or television industries. Producing terrible content no-one's + interested in buying's done most of the harm. +** Let's talk about Hollywood +- One of the groups that wield the DMCA most is Hollywood, using it to protect + their movies, (currently, for some bizarre reason, from being used in Youtube + videos which would actually raise the profile of their products, but I don't + get how they work, which they either take over, monetise or take down). +- Disney in particular have had US Copyright extended *specifically* to enable + them to retain ownership of their Mickey Mouse character. Loads of content + would now be in the public domain were it not for Disney's desire to retain + ownership of the mouse. + +** +- What's really interesting is how Hollywood started. A group of film makers ran + all the way to California (a long distance at the time) to get away from this + guy, Thomas Edison, and his fim camera patents and copyrights, because his + rights enforcement was so severe it prevented them from making any significant + profit. +[[file:img/Thomas_Edison.jpg]] +** +- Yet at the same time Edison took the entire catalogue of pioneering french + film maker Georges Méliès, now known as the pioneer of film special effects, + inventing many of those we know today more than a hundred years ago. +- By releasing his entire catalogue of movies and taking credit, he stole + millions of dollars from Méliès. Lacking the financial buffer this would have + given him this, among too many pressures to list here, caused him to die + bankrupt [[https://en.wikipedia.org/wiki/Georges_M%C3%A9li%C3%A8s][Wikipedia page on Méliès]] +[[file:img/George_Melies.jpg]] +** +- One could make the argument the DMCA exist because the US has learned from + their mistakes, but as these mistakes seem to be ongoing, with the oppression + of new artists, and software developers trying to create innovative products, + I doubt this the case. +- Microsoft cofounder Paul Allen, in spite of being a billionaire, has filed + patent and copyright infringement cases against Apple, AOL, Facebook, Google, + and anyone his *definitely not a patent troll* company can find who might be + infringing on one of the many thousands of patents they've managed to buy up. +- Since buying thousands of vaguely worded software patents and then suing + companies with them is exactly how patent trolls behave, it's kind of + difficult to think this isn't exactly what they are. + + + +** Obligatory XKCD +file:img/DMCA.png +- Copyright: +- Mirrored to avoid bandwidth stealing +** Licence for this work +- Licensed under Creative Commons Attribution-ShareAlike 4.0 + International by Dr Carey Pridgeon 2020 +- (Licence does not cover linked images owned by other content creators) diff --git a/20-21/Lectures/DMCA.html b/20-21/Lectures/DMCA.html index 421e677..410f7e7 100644 --- a/20-21/Lectures/DMCA.html +++ b/20-21/Lectures/DMCA.html @@ -27,18 +27,18 @@