The EFF assumes the worst – of everyone else.

An interesting look at the Electronic Frontier Foundation’s highly selective reasoning regarding the DMCA by David Newhoff at The Illusion Of More.

“The long and shameful history of the Digital Millennium Copyright Act file takedown abuse teaches us that intellectual property owners cannot be trusted with the enforcement tools they already have  we should hardly be giving them new ones.”  The “long and shameful” true history of the DMCA is how utterly useless the mechanism is for rights holders to protect their works.

Many creators have demonstrated over an over again that the DMCA notice and takedown procedure is spitting in the wind for even very large, well-funded producers, and completely hopeless for independent and smaller rights holders.

Meanwhile, it is the (internet/tech) industry that funds the EFF, who have made sure that DMCA remains a fly swatter in a storm of raptors.  And that’s bad enough, but to add insult to injury, McSherry sticks this fact in a paper bag and lights in on fire on our doorstep when she says the DMCA has a “history of abuse” by rights holders.  And one reason we can know she’s full of it, is the flimsiness of the cases her own organization chooses to take on as exemplary of this so-called abuse.


3 thoughts on “The EFF assumes the worst – of everyone else.

  1. The problem I have with the DMCA is it makes me a criminal simply because of my choice of operating systems.

    Legally purchases a DVD. Legally purchases DVD-ROM drive that comes with software for windows. Install drive in my PC and boot.

    Uh-oh, I run Linux. That means the only way to watch the movie I legally purchased on hardware that came with a legal decoder but for a different operating system is to break the encryption thus violating the DMCA.

    Now there finally is a legal DVD player for Linux that legally decodes the encryption, from fluendo (and I purchased it). However I am in the same situation with Bluray. I have Bluray drive, I have legally aquired Bluray media, the only way to watch an encrypted Bluray disk on Linux is to violate the DMCA and break the encryption.

    Laws that make criminals out of law abiding citizens are bad laws. The encryption does not stop pirates, any encryption scheme they come up with that can be decrypted on consumer level hardware will be broken. these mechanisms only hurts legitimate paying customers and turn them into criminals.

    I have no choice if I want to enjoy the media I purchased. I have to break the law to watch it on my computer. Even though I legally purchased the media, the DMCA makes it against the law for me to watch it. Sorry but that’s just stupid.

    1. This is like the bittorrent argument. It’s 99% infringing, but yet everyone claims to be in the 1%. There are more than enough legal ways to consume content these days without breaking the law including a robust variety of streaming services and multi-device platforms such as Apple’s Itunes. Also, many DVDs and BluRays now also come with a free digital copy.

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