Group 2

Derrick LoweQuintin King

Caroline HawesAaron Phillips

Digital Millennium Copyright Act

Chapter 12 – COPYRIGHT PROTECTION AND

MANAGEMENT SYSTEMS

Circumvention of copyright protection systems

Violations Regarding Circumvention of Technological

Measures• 1(A) No person shall circumvent a technological measure that

effectively controls access to a work protected under this title.• (B) The prohibition contained in subparagraph (A) shall not

apply to persons who are users of a copyrighted work which is in a particular class of works.

• (C) The Library of Congress, upon the recommendation of the Register of Copyrights, who shall consult with the Assistant Secretary for Communications and Information of the Department of Commerce, shall make the determination in a rulemaking proceeding on the record for purposes of subparagraph (B).

Violations Regarding Circumvention of Technological

Measures (cont’)

• (D) The Librarian shall publish any class of copyrighted works for which the Librarian has determined that non-infringing uses by persons who are users of a copyrighted work are, or are likely to be, adversely affected

Violations Regarding Circumvention of Technological

Measures (cont’)

• 2 - No person shall manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part thereof, that-– (A) is primarily designed or produced for the purpose of

circumventing a technological measure that effectively controls access to a work protected under this title;

– (B) has only limited commercially significant purpose or use other than to circumvent a technological measure that effectively controls access to a work protected under this title; or

– (C) is marketed by that person or another acting in concert with that person with that person’s knowledge for use in circumventing a technological measure that effectively controls access to a work protected under this title.

Violations Regarding Circumvention of Technological

Measures (cont’)

• (3) As used in this section – – (A) to ‘circumvent a technological measure’ means to

descramble a scrambled work, to decrypt an encrypted work, or otherwise to avoid, bypass, remove, deactivate, or impair a technological measure, without the authority of the copyright owner; and

– (B) a technological measure ‘effectively controls access to a work’ if the measure, in the ordinary course of its operation, requires the application of information, or a process or a treatment, with the authority of the copyright owner, to gain access to the work

Sec. 1202. Integrity of Copyright Management

Information

Integrity of Copyright Management Information (Cont’)

• (a) False Copyright Management Information –– No person shall knowingly and with the intent to induce,

enable facilitate, or conceal infringement• (b) Removal or Alteration of Copyright Management

Information –– No person shall, without the authority of the copyright

owner or the law• (c) Definition

– As used in this section, the term ‘copyright management information ‘means any of the following information conveyed in connection with copies or phonorecords for a work or performances or displays of a work, including in digital form, except that such term does not include any personally identifying information about a user or a work or of a copy, phonorecord, performance, or display of a work.

TITLE II- ONLINE COPYRIGHT INFRINGMENT LIABILITY

LIMITATION

Limitations on Liability Relating to Material Online

• Def: A service provider shall not be liable for monetary relief, or except as provided in subsection (j), for injunctive or other equitable relief, for infringement of copyright.

Types of Limitations on Liability Relating to Material Online

1. Transitory Digital Network Communications

2. System Caching

3. Information Residing on Systems or Networks at Direction of Users

4. Information Location Tools

5. Limitation on Liability of nonprofit educational institutions

Transitory Digital Network Communications

1. The transmission of the material was initiated by or at the direction of a person other than the provider

2. The material is transmitted through the system or network without modification of its content

System Caching

1. The material is made available online by a person other than the service provider

2. The material is transmitted from the other than the service provider through the

3. System or network to a person other than the service provider

Information Residing on Systems or Networks at Direction of Users

1. The service provider does not have actual knowledge that the material or an activity using the material on the system or network is infringing.

2. The service provider does not receive financial benefits directly attributable to the infringing activity.

Information Location Tools

1. The service provider does not have actual knowledge that the material or activity is infringing.

2. In the absence of this knowledge, is not aware of the facts or circumstances from which infringing activity is apparent.

Limitation of Liability of nonprofit educational institutions

1. The institution provides to all users its system or network informational materials that accurately describe, and promote compliance with, the laws of the United States relating to copyright.

2. The institution has not received more than two notifications of claimed infringement by a faculty member or student.

Digital Music and Peer-to-Peer File Sharing

Architecture

Typical Central System

• Server based model

Peer-to-Peer computing

• Any computer can act as distribution point

• Requests are passed along until file is found

Image from http://www.ibiblio.org/team/intro/search/peer_to_peer1.gif

Copyright Concerning MP3s

• P2P technology is legal, but the files shared may not be

• Difficulty in tracing file movement and no central server to shut down.

• MP3 is an audio compression file format for music – up to 20 times smaller

• Created by ripping• Allows more efficient use – storage, emailing,etc

Napster vs. the “real P2Ps”

• Napster- relied on central server for storage of the directory of music files

• Grokster, Morpheus, Limewire,KaZaA utilize true P2P architecture

• Supernode status depends on bandwidth• KaZaA had 275 million users(9/03) + 3 million new

users weekly, sued for copyright infringement, overturned

Music Industry Mission

• RIAA(Recording Industry Association of America) lawsuits against 261 individuals began focus away from P2P companies after a federal judge refused to shut down Grokster and Morpeus

• Widespread criticism and skepticism• Only 36% of US population believed it is stealing

Update

• What is the status of P2P software today?• Napster-paid service, about 512,000

subscribers• KaZaA-agreed to global settlement: $115

million to the RIAA and others, install filters

• Limewire is being sued and has issued a countersuit against record companies citing anti-competitive behavior(imesh)

And DVD Hacking

Technical Background

• Do we all know what a DVD is?

• Protected by CSS

– Linux

– Vulnerable to illicit copying

The Lawsuit

• The players– Jon Johansen, code cracker– Hacker site 2600.com, open source vender– Movie industry, sues and demands removal

• The case for DeCSS– Freedom of Speech?– Another way to illegally copy DVDs?

The Lawsuit Appeal

• As a communication, the DeCSS code has a claim to being “speech” and as “speech,” it has a claim to being protected by the First Amendment. But just as the realities of what any computer code can accomplish must inform the scope of its constitutional protection, so the capacity of a decryption program like DeCSS to accomplish unauthorized—indeed, unlawful—access to materials in which the Plaintiffs have intellectual property rights must inform and limit the scope of its First Amendment protection (Universal City Studios v. Corley, 2001).

Today• Links

– http://www.2600.org/news/view/article/20

– http://www.humpin.org/decss – http://www.cs.cmu.edu/~dst/DeCSS/Gallery/index.html

• DeCSS software (banned)– Why, Monopoly on media players?– Several versions out there

Players for Linux

Players for Linux (cont...)

QUESTIONS??