8.06.2009

Gurrney - DMCA, DRM, and your rights. Pt. 1

The DMCA (See this for a simplified explination) is no where near an act which benefits an average person who uses technology, nor are the DRM laws. The DMCA and DRM laws are meant to work together in harmony in such a way that simply ripping a CD and putting the tracks onto a multimedia device, such as an iPod, or modifying your game console can land you in jail.

As far as groups such as the RIAA and the MPAA are concerned when you purchase a DVD, CD, Blu-Ray Disc, an SD card pre-loaded with music, a mp3 track from an online store such as iTunes, a mp4 film, or an audiobook from services such as audibles you do not "own" the content contained on the physical device or the information contained with in digital files; instead you have purchased the "privilige" of listening to or viewing the file. If you, as the user, make a copy of any of the above listed physical devices or digital files as a backup copy or to give (not sell) to a friend or family member you are now a criminal in the eyes of groups such as the RIAA and the MPAA, even burning copies of tracks which you have downloaded from an online store to a CD to listen in your car will flag you as a criminal. These simple actions are not just misdemeanors but felonies which can earn you time in federal prisons.

Under the DMCA modifying a game console, creating and or installing custom firmware for devices such as the iPod or a TI Calulator, or even OPENING an electronic device for repairs can earn you jail time because even though you "purchased" the electronic device you still do not have the right to do what you want with your "property". Also under the DMCA search results are filtered based upon content which may violate the DMCA, often at the bottom of a google page one will find a notice similar to this:
"In response to a complaint we received under the US Digital Millennium Copyright Act, we have removed 1 result(s) from this page. If you wish, you may read the DMCA complaint that caused the removal(s) at ChillingEffects.org."
I invite you to visit the page listed as an offender agaisnt the DMCA, you will find that the websites first and foremost goal is to educate you, a citizen of the U.S.A, on your rights under the DMCA, DRM, and other similar laws and acts. Not only is it your right to be educated but it is also your obligation to ensure that you are educated about how a law, group of laws, or an act which has been put into place by congress and the senate effects you and your life style. However the DMCA would rather you didn't know your rights underneath it and would love to use it as a way to frighten you.

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