Linux Journal: Copyright Strikes Back

“The DMCA’s defenders point out that the law’s draconian
restrictions apply only to digital media, in which–after all–it’s
just so darned easy to make copies. But readers of this column know
that all media will soon be digital media. And when there is
no longer any alternative means of distributing copyrighted
materials for the purpose of commentary or criticism, laws such as
the DMCA will strangle free speech.”

“Viewed in this context, the copyleft movement bears a
responsibility that goes beyond offering an alternative to
copyrighted software. We must take the lead in restoring the
rightful balance between the pecuniary interests of copyright
holders and the public’s right to know. If we lose the battles to
come, our movement’s successes may mean very little. You would be
wise to figure out what’s at stake. In what follows, I’ll lay out
the facts and let you decide, but I’ll bet you’ll never use the
term “intellectual property” again.”

“Shaped by lobbyists representing wealthy copyright holders and
media conglomerates, the Digital Millennium Copyright Act extends
copyright protections to new digital media–and with a vengeance.
Ostensibly enacted to bring U.S. law into treaty-mandated
conformity with the provisions of the World Intellectual Property
Organization (WIPO), the Act goes far beyond what would have been
required (Samuelson 1999). For a good discussion of the Act and
more recent legislative shenanigans, see Lutzker 1999.”

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