Copyright protection, DMCA, DRM and technology

[Ed Gerck]

The Supreme Court has rejected a challenge to the Sonny Bono Law.
 http://supremecourtus.gov/oral_arguments/argument_transcripts/01-618.pdf

Let's stir the pot.

Today, law is not the logic of ethics. It is the logic of power.

That said, let's recognize the power of technology that is also at play
here and look at the options that are left after the USSC decision. In
addition to the legal approach of allowing copyright owners to
selectively renounce their seemingly ever-engorgable rights (the Creative
Commons intiative by Lawrence Lessig), one may be able to provide
legal support for technology that -- rather omninously to some -- helps
users become trusted fair-user of copyrighted materials that are so
protected. DRM can be useful  to users.

Why would DRM be useful to users? Because it could reduce the need
for legislation which outright curbs fair-use under the argument that
fair-use is "out of control" in the digital world.

Essentially, I'm making the point that fair-use of copyrighted material
can be technologically enforced and controlled, *notwithstanding*
cooperation (or lack thereof) by the user -- and that is why the user
can be trusted by Jack Valenti.

This argument, in broader terms, could reduce the perception and the
need to have legislation such as the DMCA, that uses the legal system
to protect what technology allegedly cannot (*).

Technology's role is to create tools to make it nearly impossible for
users to profit from an abuse of fair use, which allows laws such as
the DCMA to be questioned under legal arguments  -- for example,
unfair restriction of a buyer's rights.

Cheers,
Ed Gerck

(*) In other words, if it is axiomatic that we do not need much in
terms of legislation to prevent users from doing what is
tecnologically near-to-impossible, then by making available a
technology providing an absence of means for users to
significantly abuse fair use so technologically controled, we
need less in terms of laws providing the control.


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