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A bill in Congress legalizes cell phone unlocking and fixes the DMCA

fixthedmca.org

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Re: A bill in Congress legalizes cell phone unlocking and fixes the DMCA

#21

Earlier quoted context omitted.

Why do you need the DMCA to protect these things?

I'm asking for clarification of the impact of this bill. Do you know the answers to those two questions off hand?

How could you know the answer to a legal question offhand?

Is this FUD? The point of DMCA anti-circumvention is that it makes a crime out of things that were otherwise legal, not tack on charges to things that are illegal for other reasons.

FTFA:

"- It amends Section 1201 to make it clear that it is completely legal to "circumvent" if there is no copyright infringement.

"- It legalizes tools and services that enable circumvention as long as they are intended for non-infringing uses.

"- It changes Copyright Law to specify that unlocking cell phones is not copyright infringement."

Or you could read the text the bill adds to DMCA:

It is not a violation of this section to use, manu- 8 facture, import, offer to the public, provide, or otherwise 9 traffic in any technology, product, service, device, compo- 10 nent, or part thereof that is primarily designed or pro- 11 duced for the purpose of facilitating noninfringing uses of 12 works protected under this title by circumventing a tech- 13 nological measure that effectively controls access to that 14 work, unless it is the intent of the person that uses, manu- 15 factures, imports, offers to the public, provides, or traffics 16 in the technology, product, service, device, component, or 17 part to infringe copyright or to facilitate the infringement 18 of a copyright.’’.

emphasis added by me.

Re: A bill in Congress legalizes cell phone unlocking and fixes the DMCA

#22
post #4

If you want this to pass, don't sign the petition, and don't email or write your congresscritter. Call them . Interact with a human being in their office. Anecdotally, that has a much greater impact. (Source: my cousin and his wife were congressional staffers for several years.)

I took your advice. On a related note, does anybody know how organizations promoting certain legislation decide between emphasizing calling and e-mailing? Usually I've been asked to send an email, but sometimes the same organizations that normally use that strategy ask for phone calls specifically.

Re: A bill in Congress legalizes cell phone unlocking and fixes the DMCA

#23

If someone has information that they only want certain people to see, would circumventing a technological measure that controls access to that information be allowed under this bill? For example, internal documents, trade secrets and documents under NDAs? If someone has information they only want licensed people to see, would circumventing a technological measure that controls access to that information be allowed un…

What I really should have asked: Does the provision that allows you to "circumvent a technological measure that effectively controls access to works" allow you to circumvent network and data center security measures? I'd expect not, but I don't see where the bill draws a line between devices (phones, game consoles, dvds) and other types of information stores.

Re: A bill in Congress legalizes cell phone unlocking and fixes the DMCA

#24
post #4

If you want this to pass, don't sign the petition, and don't email or write your congresscritter. Call them . Interact with a human being in their office. Anecdotally, that has a much greater impact. (Source: my cousin and his wife were congressional staffers for several years.)

Is there a website where we can easily find our rep's phone number?

Re: A bill in Congress legalizes cell phone unlocking and fixes the DMCA

#26
post #16
post #15

This legislation doesn't entirely fix the DMCA. It fixes some problems but more remain. Copyright is some seriously fucked up shit right now. It has been dominated by big money interests for the last 50 years.

There is a hidden agenda in saying that this "fixes the DMCA." It has a morass of serious issues untouched by these modifications.

Such as..? Not disagreeing, but you're begging the question.

Re: A bill in Congress legalizes cell phone unlocking and fixes the DMCA

#27
post #20

Is there any reason not to support this? What negative impacts could this have towards the companies that this effects?

I want to know this too. When I see thing like "This fixes the DMCA", it makes me question the intentions of the advocating website. It sounds too good to be true.

Re: A bill in Congress legalizes cell phone unlocking and fixes the DMCA

#28
post #16

Earlier quoted context omitted.

There is a hidden agenda in saying that this "fixes the DMCA." It has a morass of serious issues untouched by these modifications.

Such as..? Not disagreeing, but you're begging the question.

I don't see that anyone asked him a question...

Re: A bill in Congress legalizes cell phone unlocking and fixes the DMCA

#29
post #15

This legislation doesn't entirely fix the DMCA. It fixes some problems but more remain. Copyright is some seriously fucked up shit right now. It has been dominated by big money interests for the last 50 years.

Perfect is the enemy of good.

Re: A bill in Congress legalizes cell phone unlocking and fixes the DMCA

#30
post #17

Earlier quoted context omitted.

Emails will be ignored. Call them. They notice that.

I'm not sure I agree. Every email I've sent from a site like this actually does get a reply a few days later.

And that's how you know you've made a big impression on their autoresponder. ;-)
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