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Last Chance: Tell Bush to veto the RIAA/MPAA Enforcement Bill

Over the weekend, Congress in a shameful act of service to the campaign contributions of the entertainment industry passed "PRO-IP" legislation that requires our government to work directly on the industry's behalf against the public interest. Under the deceptive banner of "intellectual property", the bill as passed has several unacceptable provisions.

Besides over $23 million in congressional campaign contributions, the industry used scare tactics to get it passed, trying to draw a connection between copyright infringement and...terrorism. The bill expresses the "Sense of Congress" as agreeing that "terrorists and organized crime utilize piracy, counterfeiting, and infringement to fund some of their activities;" and that stopping copyright infringement should be among the highest priorities of government. This attitude sets us up for a future world of Digital Restrictions Management (DRM) and large-scale seizure of computer equipment the industry accuses of being involved in filesharing.

We have one more chance to stop this bill from becoming law. Bush has yet to sign it. Given the fact that his Department of Justice publicly objected to it earlier, Bush may veto it. But we can't count on that -- your calls and e-mails to the White House could make the difference.

Take Action

Help get the word out so more people know that now is a critical time. Pass this around to your friends and family, and:

Vote for it on digg

Vote for it on reddit

Call the White House at +1 202-456-1111 to leave your comment; then follow up with an e-mail to comments@whitehouse.gov. Please CC us at info@defectivebydesign.org.

When you call, you might say something like:

I'm very disappointed that Congress has put the PRO-IP / Enforcement of Intellectual Property bill on the President's desk. It's clearly a gift to the entertainment industry special interest groups in return for their massive congressional campaign contributions. The bill unconstitutionally attempts to specify how the executive branch should enforce copyright and trademark laws, and attempts to dictate the overall priorities of the Department of Justice. You should reject this and any other bill that describes itself as addressing "intellectual property" -- that term is always an indication that someone is trying to confuse the issue toward a particular agenda, since legal areas like patents, trademarks and copyright are all very distinct. I urge you to veto this bill, sending a clear signal to Congress that the MPAA and the RIAA will not dictate the behavior of our law enforcement agencies, and that you do not support this kind of attack on the public interest. Copyright in particular exists to promote the public interest in advancing science and the arts -- not hoarding and prosecution. The property seizure and other provisions in this bill just go too far.


Source : defectivebydesign.org | 29-Sep-2008 22:34

Stop the MPAA and RIAA shadow government: Oppose S. 3325

In addition to all of the emails and phone calls they received from you, Senator Leahy and friends received a stern rebuke from the Department of Justice in response to their suggestion that the DoJ should be doing the RIAA and MPAA's dirty work.The DoJ said:

We strongly oppose Title I of the bill, which not only authorizes the Attorney General to pursue civil remedies for copyright infringement, but to secure "restitution" damages and remit them to the private owners of infringed copyrights. First, civil copyright enforcement has always been the responsibility and prerogative of private copyright holders, and U.S. law already provides them with effective legal tools to protect their rights....

Second, Title 1's departure from the settled framework above could result in Department of Justice prosecutors serving as pro bono lawyers for private copyright holders regardless of their resources. In effect, taxpayer-supported Department lawyers would pursue lawsuits for copyright holders, with monetary recovery going to industry.

(EFF has a copy of the full letter.)

In response, the text of S. 3325 has now been updated to strike out the civil enforcement provisions. This is very good news, but other nasty parts of the bill remain.

Please digg this story to help get the word out about the remaining problems with the "Enforcement of Intellectual Property Act":

  • It still has new and extremely broad provisions for seizing property like computers and servers. Such powers are notoriously abused to go on fishing expeditions, and since servers are often shared, people who are not even the targets of investigation will be hurt in the process.
  • It still creates an Intellectual Property Enforcement Coordinator. The title and responsibilities of this position are just as misleading and confusing as the bill, attempting to address issues like copyright and trademarks together when they should be addressed separately. Creating and maintaining this position is a severe misuse of public resources and gets the industry's foot in the door for future malicious action -- like promoting Digital Restrictions Management (DRM).
  • It still creates five International Intellectual Property Law Enforcement Coordinators. These positions are tasked with encouraging other countries to follow our lead, in an attempt to replicate the provisions of this bill and the corresponding industry control all over the world.
  • It still commits $25,000,000 for each of fiscal years 2009 through 2013 as grants to state and local law enforcement for doing "training and education programs." We all know what the RIAA's "training and education" programs look like. We shouldn't be funding distribution of their propaganda.
  • It announces the "Sense of Congress" as agreement with the idea that such enforcement actions should be one of the government's highest priorities, and tries to paint achievement of the entertainment industry's selfish interest as one of the most pressing tasks facing our society. Any senator who agrees to such a statement must be directly in the industry's pocket. We know where Leahy stands -- on his top five contributors list from 2003-2008, we see Walt Disney, Time Warner, and Viacom. Congress should instead be committing itself to investigating the industry's underhanded, abusive and corrupting legal tactics.

It's also time for another round of phone calls, voicemails and emails to let our senators know that the bill is still unacceptable.

Please contact your senators again, as well as:

The timing here is critical, so don't worry if it's after office hours -- you can still leave a voicemail.

When you call or write, you might say something like:

Hello, my name is NAME and I'm a potential voter in STATE. I'm contacting you to reiterate my opposition to S. 3325, "The Enforcement of Intellectual Property Act," sponsored by Senator Leahy. I know that recently the bill was changed to remove some parts that I opposed -- like those that would have had the Department of Justice filing civil suits for copyright infringement against citizens. I'm happy this change was made, but it's not nearly enough. The provisions mandating property seizure are far too broad, and would lead to substantial interference in legitimate work and to intimidation of lawful sharing. The new "Sense of Congress" section sums up exactly what's wrong with the bill -- maximizing the profits of the entertainment industry without regard to the immense negative impact these enforcement actions have on the public interest is the exact opposite of what the government should be doing. Copyright supposedly exists to promote and encourage effective ways to share knowledge and culture, not to inspire hoarding and prosecution. Please stand against the corrupting influence of the RIAA and MPAA, and in favor of the public interest -- vote no on S. 3325.

This bill is just one more in the long list of efforts by the entertainment industry to use their wealth and influence to corrupt our government. From the Anti-Counterfeiting Trade Agreement (ACTA) to the Broadcast Flag, they are trying harder than ever to manipulate the law against the public in order to protect their own profits and prevent competition from the rapidly emerging DRM-free culture. DefectiveByDesign will be continuing to expose their efforts and the politicians who assist them.

Thanks to our friends at 2600 Magazine for their inspiration for our image on this post.


Source : defectivebydesign.org | 26-Sep-2008 22:28

Stop the RIAA from using the Department of Justice to do its dirty work

The RIAA is continuing to try coercion to prop up its illegitimate and unethical business model. First, it is suing attorney Ray Beckerman over the revealing articles on his blog, Recording Industry vs The People. Beckerman has been instrumental in defending people victimized by the RIAA's tactics and has supported the DefectiveByDesign campaign.

Second, along with the MPAA, the RIAA has written and is pushing S. 3325, the Enforcement of Intellectual Property Act of 2008, through the Senate.

You can tell this bill is trouble just from the propaganda term "intellectual property" in the name, which is an attempt to trick us into thinking about the questions involved in a way most profitable to the RIAA.

In the last five years, the RIAA filed or threatened more than 30,000 suits against alleged infringers. Apparently they are tired of doing this intimidation themselves and want your civil servants to do it for them, and for you to fund it with your taxes.

This Enforcement bill burdens the Department of Justice with the obligation to pursue civil suits against people the RIAA and MPAA accuse of illegal copying -- with any money involved going back to the media companies!

Even the repressive copyright regime we have now obligates the government to represent the public's interest in promoting progress in science and the arts through sharing and the dissemination of knowledge. If the government starts working for the media companies, they will be working against the public interest, and we will surely see attempts to give legitimacy back to Digital Restrictions Management (DRM) systems -- unethical restrictions that squash so much useful sharing, education, and communication.

Help stop this bill by calling and emailing members of the Senate Judiciary Committee today -- including Presidential candidates McCain and Obama. It's critical that we do this as soon as possible -- they are trying to have it pass without a full vote in the Senate.

Digg this story

Please call and write your own senators, as well as:

When you call or write, you might say something like:

Hi there, my name is NAME and I'm a potential voter in STATE. I'm calling in opposition to S. 3325, "The Enforcement of Intellectual Property Act." As a tax payer, I oppose spending public funds for the Department of Justice to take civil actions against the citizens they are supposed to be representing on behalf of the major media companies -- and then turning the profits over to those companies. Instead, the government should be investigating and condeming the legal tactics already used by groups like the RIAA and MPAA, who are profiting by abusing the legal system. I understand this bill could pass today and I urge the Senator to oppose and put a hold on this bill.

When you're calling John Kyl of Arizona, Jeff Sessions of Alabama, Sam Brownback of Kansas, or Tom Coburn of Oklahoma, make sure to thank them for their initial opposition to the bill and ask them to hold their positions.

To do a little extra to get the word out, vote this bill down at OpenCongress.


Source : defectivebydesign.org | 19-Sep-2008 23:41

Spore and More: Activate against Electronic Arts

Electronic Arts (EA) and Amazon have been the targets of a justified online rebellion the last couple weeks. The impetus for the backlash is EA's use of Digital Restrictions Management (DRM) technology in its game Spore. As of right now, the game has received 2,226 1-star reviews on Amazon -- more than we've ever seen before -- and they are primarily focused on EA's DRM system. DefectiveByDesign members have tagged the game with tags like defectivebydesign and drm infected.

Digg this story

As with music and video, this system controls how many copies a user can make of her game, and requires that she allow her computer to phone home periodically to an activation server to be granted permission. The system is called SecuROM, and while that name might not be familiar, there are familiar names behind it. SecuROM is a product of Sony DADC -- the same Sony that had to reach a settlement with the Federal Trade Commission last year over the rootkit installed by their noxious DRM.

EA, forced to respond to the complaints, has done the minimum amount possible to try and make the heat go away. Their upcoming game Command & Conquer: Red Alert 3 will restrict users to five copies instead of three, and will enforce the phone-home requirement when the game is first installed rather than later on.

But they have not changed the fundamentals of the system. Their "concession" is just more proof of the problems with DRM -- the ability of EA to arbitrarily decide how a user can use software on her own computer, and to make a part of her own computer off-limits so that it can spy on her in order to make sure that she abides by their restrictions. Requiring online activation on installation at all means that once the activation servers are shut down (as has been threatened all too often lately with music services like MSN and Yahoo), users are out of luck. Activation also doesn't mean what you might think -- the Amazon reviews are full of horror stories about failed activations after adding new components like video cards and disk drives to an existing computer.

The packaging and advertising for Spore of course does not mention its DRM. When people find out about it, they don't want to buy it. The only way people are going to hear about it is if they hear it from you.

  • 1. If you're already an Amazon customer, add your own review to Spore, and tag it defectivebydesign and drm infected. Reviews aren't open for Red Alert 3, but you can still tag it and add information about DRM to its discussion forum.
  • 2. Write directly to EA's CEO John Riccitiello at <jriccitiello@ea.com> to tell him that his response misses the point -- you will not be bought off by the ability to make two more copies than you could before. EA should act like true leaders in game design by getting rid of DRM once and for all. CC us at info@defectivebydesign.org.
  • 3. Support DRM-free games like those based on the recently announced free software game Hexen. Suggest more DRM-free games that we can add to our Guide, by emailing us at info@defectivebydesign.org. The more support we can show for these games, the more there will be.

Much like what happened with Digg and the AACS encryption key, Amazon after initially taking many of the reviews down was forced by public pressure to put them back up again. This is because there is nothing abusive or wrong with these reviews -- they are honest criticisms of an abusive technology used by far too many proprietary software game companies. We can have the most success here if we keep things that way, and don't give Amazon any justification for removing them or EA reason to dismiss them.

It's been exciting to see awareness of DRM already rising to such a high level. Congratulations to all the DefectiveByDesign activists and other reviewers who made this happen. Let's keep this momentum going until all game companies do the right thing and eliminate DRM!


Source : defectivebydesign.org | 17-Sep-2008 22:06

DRM down under

The Australian Broadcasting Company (ABC) is Australia's Federal Government-funded public broadcaster, and has responsibilities under the ABC Act 1983 to provide services to the Australian people.

The new ABC Shop has recently launched, with downloads of TV programs made available -- but only to Windows users willing to install Digital Restrictions Management (DRM) software on their computers. Like the BBC iPlayer, and Channel Four's "4OD", ABC is using the Kontiki platform -- Kontiki uses peer-to-peer technology to deliver the show to other people, so as well as locking you into its restrictions, ABC is using your computer, and your internet connection, to distribute programs.

ABC claims it has a commitment to "respecting legitimate rights to privacy and confidentiality", yet it is well-known that DRM is vehemently anti-privacy, and forcing Australian citizens to install proprietary, secret software from foreign corporations does not seem a good way to uphold privacy of its viewers.

We do not object to ABC charging money to download programs, only to their use of DRM. DRM isn't necessary for enabling sustainable production and distribution of media -- you don't have to look any further than our own guide to DRM-free living to see that plenty of artists and businesses are doing it.

Please contact ABC Online, and the Australian Communications and Media Authority (ACMA). Telephone ACMA (toll free) on 1-800-22-6667 or write to them at PO Box Q500, Queen Victoria Building, NSW 1230. If you're sending any emails, please CC them to us as well at info@defectivebydesign.org.

Let the ABC know you're writing to them from Defective by Design and that you don't want these restrictions on programs you've downloaded!

Point out that the DRM:

  • locks out people who use free software. A public service should not require citizens to install software that takes away their freedom in order to access that service.

  • forces ABC, a public broadcast service, to become dependent on Kontiki and Microsoft -- private, proprietary, secretive and profit-motivated corporations. These corporations, by turning off their DRM systems, can deny people access to the media permanently. This has already happened with Google Video, Major League Baseball, and others.

  • prevents citizens from making legitimate use of the media they've funded, such as taking clips for reviews and articles, or sharing interesting programs with friends.

Thanks to Andrew for bringing this to our attention. We try to keep up to date on as many things as we can, but we rely on readers and supporters to keep us informed and tip us off about things like this. Please keep sending tips and updates to info@defectivebydesign.org.


Source : defectivebydesign.org | 07-Aug-2008 22:45

FoulPlay -- why free software and Apple's iPhone don't mix

In order for any program to be installed on the iPhone, the program must be cryptographically signed. When a user attempts to install software on her iPhone, the iPhone's Digital Restrictions Management (DRM) system checks to see if Apple considers the signature on the software to be valid.

If there is no signature or if the signature is invalid, the iPhone will refuse to install the software. If the software has been modified in any way, the signature check will fail. The signature check is also tied to the user's specific device, which means that she is not permitted to transfer or copy downloaded programs directly between iPhones, and any other copying is permitted or not permitted at Apple's whim. This system of rejecting software that doesn't pass a signature check -- even when modifications to the software are legally permitted -- was made famous by TiVo, and so is called "tivoization".

read more


Source : defectivebydesign.org | 30-Jul-2008 21:11

Yahoo Music -- the bad dream of DRM continues

Yahoo! has announced that its music store will be going offline at the end of September, taking with it the authorization keys for any music purchased. This appears to be something of a trend lately, with Microsoft announcing similar plans, only to go back on its original plans a few days later.

As Ars Technica puts it, "The bad dream of DRM continues" -- "Once the Yahoo store goes down and the key servers go offline, existing tracks cannot be authorized to play on new computers."

Major League Baseball and Google Video have both pulled similar stunts, with Google at least providing a refund for the media, but no DRM-free replacement.

Yahoo's own Ben Patterson spoke to Michael Spiegelman, the senior director for Yahoo! Music, about keeping the DRM servers going, like MSN has promised to do...

"We can't really talk to the specific numbers [in terms of cost]," said Spiegelman, adding that Yahoo! uses a third-party service to host its DRM license keys. "To be honest, it's a question of whether we want to spend the money supporting DRM tracks, versus spending that money on what people really do want [subscription and/or DRM-free music]."

When asked about replacing any purchased, DRM'd Yahoo! Music tracks with the equivalent MP3s from Rhapsody, Spiegelman replied "We'll take those situations in a case-by-case fashion... We will be able to help users out who have a large number of tracks... We're not saying that that would be an impossible option... We'll see how much of a demand there is for it."

Take action!

Are you a Yahoo! Music customer? Contact Yahoo! Support and demand DRM-free replacements for all the songs you've legally purchased.

read more


Source : defectivebydesign.org | 28-Jul-2008 23:55

Ask Apple about the iPhone

Last week, we announced 5 reasons to avoid the iPhone. This has been met with a lot of excitement and some great feedback.

Some important questions were raised in this feedback. So, here is an opportunity to have some fun and get answers, straight from the horse's mouth, so to speak.

In every Apple retail store is a so-called "Genius Bar" -- a technical support station, the purpose of which is to offer help and support for Apple products.

You can use Apple's helpful online booking system (no registration required) to reserve time slots at the Genius Bar. There are currently 217 Apple stores in seven countries, giving us plenty of slots to book. We want as many people as possible to book slots this Friday and Saturday. Why not book more than one? Having lots of slots booked will get Apple's attention and ensure that the Geniuses have done their homework.

Take these three easy steps to give Apple our iPhone Challenge:

1) Book a 10-minute slot now!

Book online: USA, Australia, Canada, Italy and the United Kingdom.

2) Let us know which stores you have booked using our online counter.

3) Digg this to encourage others to participate

At the Genius Bar....

Print out our handy questionnaire and information about how iPhone 3G restricts your freedom. If you have access to a color printer, you can also print out some of our snazzy iPhone flyers (Letter, A4) to hand out to people outside the store when you're done. There are also black-and-white versions: (Letter, A4).

Head over to your local Apple Store at your designated time. Be sure to get a business card from your Genius first and then politely ask them the questions. For each question, give them a score between 1 and 32, with 1 being a really bad answer, and 32 being an answer that really showed insight into the restrictive practices of the iPhone.

The total score will be out of 160 -- the IQ level of Einstein, a certified genius. Rate your Genius's iQ to the same score, and if they get over 130, they're a genius -- any lower than that, and they're screwed. Glory and infamy awaits!

If you feel your Genius did particularly well, or particularly badly, please let us know their name, email address, and the store address -- it'll be on their business card. We'll send prizes and information accordingly.

Questions

Start by introducing yourself to your Genius.

"I'm from the DRM elimination crew at DefectiveByDesign.org -- I'd like to ask you a few questions about the defects Apple has designed into the iPhone 3G."

  1. Why do all developers have to submit their applications to Apple before they can be loaded onto an iPhone?

    Most smartphones, including those by OpenMoko, Nokia, RIM, Palm and even Microsoft, allow applications to come from a variety of sources, including free software developers. Free "as in freedom" software development requires that users and developers be able to share and modify the source code for programs they use. iPhone users are not permitted by Apple to share or load modified versions of programs distributed through the App Store -- even when a program's developer wants users to be able to do this! Apple markets itself as empowering, alternative technology -- How does Apple plan to support free software development?

  2. Why does iTunes still contain so much DRM-laden music?

    Services like Amazon, eMusic, Napster, Rhapsody, Play.com and 7digital are all selling music without DRM. A typical response to this might be that Apple has no option to sell media without DRM, but this is simply untrue. Jobs is the largest individual shareholder at Disney, and he could insist that its films be DRM-free. Apple should be leading the way to promote DRM-free music, but instead is lagging behind. What is Apple doing to fix this? If it really is the RIAA's fault, can you tell me specifically what the RIAA said to Jobs when he asked for the ability to sell DRM-free music?

  3. The iPhone 3G has GPS support. How can users be sure that the GPS cannot be used to track their position, without their permission?

    When the only thing preventing the GPS from being used is software, and the software in question is known only to Apple, why should iPhone users trust Apple? There is a privacy agreement, but how would I ever know that the agreement was violated?

  4. In 'Thoughts on Music', Steve Jobs said, "it is useful to remember that all iPods play music that is free of any DRM and encoded in 'open' licensable formats such as MP3 and AAC".

    If Jobs really wants to see open formats, why doesn't the iPhone play Ogg Vorbis, Ogg Theora video and FLAC? These formats require no licensing costs, and are not encumbered by patents. How does Apple plan to support these formats in the future? Will Apple approve applications for the App Store that support these formats?

  5. Last question. Why can the iPhone 3G only be activated by Apple and AT&T?

    In the United States, the Register of Copyrights has ruled that consumers have the right to unlock their phones and switch to a different carrier. How does Apple plan to remedy this discrepancy?

Next steps

Give your Genius their score, your contact information (if you want) and your handout, along with any additional feedback you have about the defects in iPhone 3G. Thank them for their time, and quickly and politely leave the store. Outside the store, distribute some of the flyers and spend some time talking to people about these issues.

Let us know how it went by sending an email to info@defectivebydesign.org with your Genius's information, score, and your comments.

read more


Source : defectivebydesign.org | 24-Jul-2008 19:43

5 reasons to avoid iPhone 3G

The 5 real reasons to avoid iPhone 3G:

  • iPhone completely blocks free software. Developers must pay a tax to Apple, who becomes the sole authority over what can and can't be on everyone's phones.
  • iPhone endorses and supports Digital Restrictions Management (DRM) technology.
  • iPhone exposes your whereabouts and provides ways for others to track you without your knowledge.
  • iPhone won't play patent- and DRM-free formats like Ogg Vorbis and Theora.
  • iPhone is not the only option. There are better alternatives on the horizon that respect your freedom, don't spy on you, play free media formats, and let you use free software -- like the FreeRunner.

Part of a blog entry posted at fsf.org


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Source : defectivebydesign.org | 21-Jul-2008 18:12

Rhapsody, Naxos go DRM-free.

We've made two additions to the guide to DRM free living -- Rhapsody and Naxos. Rhapsody is now offering MP3 downloads of lots of popular music, including all the major labels.

From their website —

Experience DRM-Freedom: Rhapsody MP3s aren't restricted by DRM. If acronyms aren't your thing, that means; when you buy a song or album from Rhapsody you can do whatever you want with it. Put it on your iPod or any other MP3 player, play it on as many computers as you want, or burn it to a CD as many times as you want.

Naxos has also moved to MP3 -- making audiobooks available in the format, with a huge selection of contemporary and classic titles, Naxos is a great place to get audiobooks.

What does this tell us? Well for one, Audible and iTunes are yet again, deceiving users with their DRM-laden materials. It also shows that more and more people are saying no to Digital Restrictions Management and that existing services are having to adapt to meet those demands.

read more


Source : defectivebydesign.org | 01-Jul-2008 23:55

Refusing Digital Monitoring Policies

Bruce Schneier has brought a new form of Digital Restrictions Management to our attention:

Microsoft is doing some of the most creative thinking along these lines, with something it's calling "Digital Manners Policies." According to its patent application, DMP-enabled devices would accept broadcast "orders" limiting capabilities. Cellphones could be remotely set to vibrate mode in restaurants and concert halls, and be turned off on airplanes and in hospitals. Cameras could be prohibited from taking pictures in locker rooms and museums, and recording equipment could be disabled in theaters. Professors finally could prevent students from texting one another during class.

It sounds innocent enough, until Schneier pulls back the curtain to show the real motivation behind these policies:

Don't be fooled by the scare stories of wireless devices on airplanes and in hospitals, or visions of a world where no one is yammering loudly on their cellphones in posh restaurants. This is really about media companies wanting to exert their control further over your electronics. They not only want to prevent you from surreptitiously recording movies and concerts, they want your new television to enforce good "manners" on your computer, and not allow it to record any programs. They want your iPod to politely refuse to copy music a computer other than your own. They want to enforce their legislated definition of manners: to control what you do and when you do it, and to charge you repeatedly for the privilege whenever possible.

Consumers are objecting en masse to the idea of their own computers and devices continuously and indiscriminately policing their activities via Digital Restrictions Management. So it's no surprise that Microsoft is hatching plans to soft-pedal these same restrictions under the term "manners." This is just old wine in new bottles -- Microsoft wants another way to control your activities.

Since they would be the patent holder, they can profit from selling this ability to monitor and control you to others. There's no doubt that their main customers would be the same media distribution companies who are struggling to cripple the technology that makes them irrelevant -- technology that enables many more artists and creators to share their works directly with the public.

Microsoft's patent abstract says:

Similar to some of the social manners honored among people, such as with "no smoking" or "employees only" zones, "no swimming" or "no flash photography" areas, and scenarios for "please wash your hands" or "no talking out loud", devices may recognize and comply with analogous "device manners" policy.

It's common for companies pedaling digital restrictions to try to find parallels in the analog world, to make the restrictions seem familiar and correct. But these are flawed comparisons -- no machine covers your mouth with duct tape when you enter a "no smoking" zone just to make sure that you don't smoke. Nobody breaks your fingers to make sure that you don't use the flash on your camera in a museum.

Digital restrictions require you to hand over your privacy and freedom in advance. They are inherently unsafe because people other than the intended parties can access these mechanisms for monitoring and restricting you. They are inherently untrustworthy because you aren't legally allowed to know what's going on behind the scenes on the device in your pocket, including the contents of its continuous conversation with whichever corporation it's reporting to. The purpose of the restrictions might sound benign but their mechanism is unacceptable -- and what these companies are actually after is acceptance of the mechanism, so that they can then put it to other uses.

Digital Restrictions Management and "Digital Manners Policies" both use the fear that some people might not do the right thing to justify treating everyone like a criminal and taking away our freedom. We shouldn't accept this justification to cripple what are otherwise incredibly useful and powerful tools for innovation and creativity. "Digital Manners Policies" are really "Digital Monitoring Policies," and we should refuse them.

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Source : defectivebydesign.org | 26-Jun-2008 19:28

Fight the Canadian DMCA!

On Wednesday, Industry Minister Jim Prentice introduced a bill that BoingBoing's Cory Doctorow described as making it "flatly illegal to break any kind of digital lock, or to violate terms in one of those absurd end-user license agreements that make you promise to agree to let the record industry kick your teeth in and drink all your beer, just for the dubious privilege of paying for a song at iTunes or watching a video on Viacom's website.".

Doctorow also points out that "[t]his amounts to private law: under Prentice's plan, Parliament would get out of the business of making copyright law, simply enforcing whatever copyright law the entertainment industry itself dreamed up". Michael Geist, law professor at the University of Ottawa states, the education provisions "[t]urn librarians into locksmiths" by requiring that they expire their digital materials after no more than five days.

This is an extremely troubling case, as all signs point to this being far worse than the US's Digital Millennium Copyright Act (DMCA). Let's not forget that Adobe under the DMCA had a Russian programmer, Dmitry Sklyarov, arrested and imprisoned. His "crime"? Distributing a product designed to remove locks from ebooks so that they could be fully used like regular books.

Especially given that consumers are rejecting DRMed media and moving toward services like eMusic, Amazon MP3, Magnatune and Jamendo, this would be a terrible law to pass. Geist notes that "the DMCA provisions are worse than the U.S. and the consumer exceptions riddled with limitations" -- the provisions include a potential $20,000 per infringement damage award that could see Canadian citizens threatened with legal troubles for uploading a snippet of a song to any video-sharing site.

Canada's excuse is that it needs the DMCA in order to comply with the 1996 WIPO Copyright Treaty. But this is no reason at all -- We need to make it clear that an unjust treaty cannot justify a further unjust law!

What can be done? Take action!

We simply cannot let this pass.

  • No matter where you live in the world, if you are a copyright holder on any kind of work -- song, film, article, computer program -- please email the officials below to let them know that you do not want this law and that the people who have been demanding it do not speak for you.
  • If you are Canadian, please write to your MP to protest the fast-tracking of this bill.

The Canadian government needs to hear that this law is Defective by Design!

UPDATE: Canadian Colalition for Electronic Rights have a simple form for Canadian citizens to easily email Prentice and others

Please Digg this story

Photo credit: Heidi Wholeness at Flickr

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Source : defectivebydesign.org | 17-Jun-2008 20:22

Zuneral commemorates the death of DRM

Take action: Digg the invitation, attend the Zuneral.

Harvard Free Culture has entombed an iPod and a Zune in cement in preparation for a Zuneral, to commemorate the death of Digital Restrictions Management.

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Source : defectivebydesign.org | 23-May-2008 23:34

Boycott Windows Media Center
    Take action:
  • Digg the BadVista.org blog post.
  • Boycott Windows Media Center!

Microsoft is using DRM to prevent users from saving certain television shows to their hard drive. Saving such streams is a normal feature that comes with Windows Media Center, but they have locked you out of

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Source : defectivebydesign.org | 20-May-2008 23:41

Welcoming Boston's new Apple Store

Last night the DRM Elimination Crew attended the grand opening of Apple's new store in Boston -- now its largest US store.

The clear glass front of the store stands in stark contrast to Apple's unethical business practices, including using opaque Digital Restrictions Management software to take rights away from its customers.

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Source : defectivebydesign.org | 16-May-2008 21:51

Libraries: Eliminate DRM!

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Source : defectivebydesign.org | 09-May-2008 00:05

MSN Music to shut down, leaving DRM customers in the lurch

Microsoft is ceasing support for its MSN Music service. After August 31, 2008, people who have bought music from the service will no longer be able to move that music to different computers, or even change the operating system on their current computers.

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Source : defectivebydesign.org | 23-Apr-2008 22:05

Help improve our Guide to DRM-free living
    Take action:
  • Submit new sites for our Guide to DRM-free living.

Over the past eighteen months, the music industry has almost universally turned its back on Digital Restrictions Management. Major distributors like Amazon.com are marketing their music as "DRM-free MP3 music downloads." and companies like emusic.com are continuing to

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Source : defectivebydesign.org | 08-Apr-2008 23:14

CBC to offer popular TV program as a DRM-free download

The Canadian Broadcasting Corporation (CBC) has some excellent news for DRM-free living.

The CBC will be the first major North American broadcaster to release one of its programs without Digital Restrictions Management (DRM). On top of that, they will be using BitTorrent to distribute the program, which is "Canada's Next Great Prime Minister".

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Source : defectivebydesign.org | 20-Mar-2008 18:05

U.S. Patent law is defective by design

Take action:

  • Digg the Arstechnica story.
  • Visit the ESP site

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Source : defectivebydesign.org | 28-Feb-2008 19:41

Library Action: Good news on a cold day

Closeup image of DRM Elimination Crew in front of BPL

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Source : defectivebydesign.org | 12-Feb-2008 18:28

Libraries: Kick DRM out!
2008/02/09 - 1:00pm
2008/02/09 - 3:00pm
America/New_York


Source : defectivebydesign.org | 05-Feb-2008 22:10

Apple says you can't read data on your own computer

It's yet another example of what we just talked about -- DRM doesn't just restrict copying of music files, it infects your entire system and turns it against you. Apple is explicitly preventing DTrace from examining or recording data for processes which don't "permit" tracing -- processes like, say iTunes.


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Source : defectivebydesign.org | 25-Jan-2008 17:15

Apple DRM obstructs legal creativity

People are seeing Digital Restrictions Management for what it is this week, thanks to Apple's "Fairplay" DRM scheme.

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Source : defectivebydesign.org | 25-Jan-2008 01:02

Don't let the EU sanction DRM

Action alert: Don't let the EU sanction DRM

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