Fwd: [Linux-aus] DMCA conditioned by Copyright

[Janet Hawtin]

On 8/17/06, Peter Miller <millerp at canb.auug.org.au> wrote:
> It just occurred to me that it is necessary but not sufficient to say
> that there is no DMCA infringement without Copyright infringement.
>
> Imagine you are the RIAA, and you find a teeny tiny Copyright
> infringement, with a peppercorn penalty, BUT this gives you the opening
> you need to intimidate and/or bankrupt the victim with an overwhelming
> DMCA action.
>
> I think we have to lobby for the DMCA consequences to be exactly
> proportional to the Copyright consequences
> IN ADDITION TO
> no DMCA infringement without Copyright infringement.
>
> (Actually, the second part is a logical implication of the first part,
> but spelling it out can't hurt).
>
> Maybe some additional words to say there is no blow back would be good:
> the judge can't consider the RIAA's DMCA agenda while deliberating the
> alleged Copyright infringement.  The sequence needs to be strict:
> Copyright *then* DMCA.

The petition is good because it is a modest but practical request
which a lot of people would agree to. Having said that I am having
trouble getting enough signatures on petitions. How are others going?
The kind of explanations required
for people to understand the issue take time. Would it still be useful
to be signing them on Software Freedom Day?

Yep there is a lot of scope for responding more broadly.
The Adelphi Charter is one set of principles developed by people
including our own Peter Drahos(author of Information Feudalism). It
outlines the rights which these people want secured for fair use/fair
dealing.
http://www.adelphicharter.org/

The A2K treaty is a group of people based in Geneva aiming to develop
an alternative system of digital rights which is a better balance for
creators and users.
http://www.cptech.org/a2k/
http://www.cptech.org/a2k/consolidatedtext-may9.pdf

I think that because DMCA is an internationally organised and effected
system there will be much stronger effect if our response is
consistent with other responses worldwide. This is not something which
has been devised and promoted locally.
Our government is complying with a treaty not proposing an idea.
They were required to accept this as a prerequisite of engaging in a
trade agreement with the USA.

Robin Gross from IPJustice is based in the USA and is lobbying at the
UN on these issues at WIPO. Her document Tragedy of the Commons has
some excellent points about the process and its implications.
http://www.ipjustice.org/

Janet