DMCA: An IntroductionDMCA: An Introduction

Digital Millennium Copyright ActDigital Millennium Copyright Act

DMCA: Background InformationDMCA: Background Information

Title 17 of US codeTitle 17 of US code Passed on October 28, 1998 Passed on October 28, 1998 Bans production and dissemination of Bans production and dissemination of

technology that can circumvent security technology that can circumvent security measures to protect copyright.measures to protect copyright.

Heightens penalties on copyright Heightens penalties on copyright infringement.infringement.

DMCA: The LawDMCA: The Law

No person shall circumvent a technological No person shall circumvent a technological measure that … controls access to a work…measure that … controls access to a work…

No person shall manufacture, import, or traffic a No person shall manufacture, import, or traffic a component that:component that:– Is primarily designed to circumvent a security measure Is primarily designed to circumvent a security measure

that protects a copyrighted work.that protects a copyrighted work.– Has only limited commercial use other than to break Has only limited commercial use other than to break

copyright protections.copyright protections.– Is used, with the knowledge of the creator, that it will be Is used, with the knowledge of the creator, that it will be

used to circumvent copyright protections.used to circumvent copyright protections.

DMCA: The Law (2)DMCA: The Law (2)

Exceptions to the above laws (Government):Exceptions to the above laws (Government):– Law enforcementLaw enforcement– Government intelligence agenciesGovernment intelligence agencies– Other government activities & agencies; Other government activities & agencies;

Federal, State, or any political subdivision of a Federal, State, or any political subdivision of a State.State.

DMCA: The Law (3)DMCA: The Law (3)

Exceptions to the above laws (Civilian):Exceptions to the above laws (Civilian):– Reverse EngineeringReverse Engineering

Must lawfully obtain copyrighted work.Must lawfully obtain copyrighted work. May circumvent the laws to:May circumvent the laws to:

– Identify and Analyze elements of a program to make it work Identify and Analyze elements of a program to make it work with another independent program(s).with another independent program(s).

– Circumvented material must not be already available to the Circumvented material must not be already available to the person engaging in the reverse engineering.person engaging in the reverse engineering.

DMCA: The Law (4)DMCA: The Law (4)

Copyright Management: name or identifying Copyright Management: name or identifying information about a work, name of the information about a work, name of the author, terms and conditions of the work, author, terms and conditions of the work, etc.etc.– No person shall remove the above items from a No person shall remove the above items from a

copyrighted work.copyrighted work. Movie, music, software, etc.Movie, music, software, etc.

– No person shall distribute a work knowing that No person shall distribute a work knowing that the copyright management information has the copyright management information has been altered or deleted.been altered or deleted.

DMCA: The Law (5)DMCA: The Law (5)

Copyright infringement liability and limitation Copyright infringement liability and limitation (Introduction).(Introduction).– ISPs cannot be held liable for copyright ISPs cannot be held liable for copyright

violations on their network if they do not know violations on their network if they do not know about it.about it.

– ISPs cannot be held liable for copyright ISPs cannot be held liable for copyright violations in their system cache, as long asviolations in their system cache, as long as It is committed by someone other than the ISP.It is committed by someone other than the ISP. The storage is carried out automatically and not by The storage is carried out automatically and not by

employees.employees.

DMCA: Why is it controversial?DMCA: Why is it controversial?

DeCSS case.DeCSS case. Even if you link to material regarded as a Even if you link to material regarded as a

violation of copyright, you may be held violation of copyright, you may be held liable.liable.– 2600.com case and injunction.2600.com case and injunction.

Seen as restrictive for innovation.Seen as restrictive for innovation.– Dmitry SklyarovDmitry Sklyarov

DMCADMCA

Online Copyright Infringement Liability Online Copyright Infringement Liability LimitationLimitation

Information Residing on Systems or Information Residing on Systems or Networks At Direction of UsersNetworks At Direction of Users

A service provider shall not be liable for A service provider shall not be liable for monetary relief.monetary relief.

Injunctive for infringement of copyright by Injunctive for infringement of copyright by reason of the storage at the direction of a reason of the storage at the direction of a user of material that resides on a system or user of material that resides on a system or network.network.

User does not have actual knowledge that User does not have actual knowledge that the material or an activity using the material the material or an activity using the material is infringing.is infringing.

Upon obtaining knowledge user should Upon obtaining knowledge user should remove, or disable access to the material.remove, or disable access to the material.

User does not receive a financial benefit User does not receive a financial benefit directly attributable to the infringing activity.directly attributable to the infringing activity.

Elements of NotificationElements of Notification

A notification of claimed infringement must A notification of claimed infringement must be a written communication provided to the be a written communication provided to the designated agent of a service provider.designated agent of a service provider.

A physical or electronic signature of a A physical or electronic signature of a person authorized to act on behalf of the person authorized to act on behalf of the owner of an exclusive right.owner of an exclusive right.

A statement that the complaining party has A statement that the complaining party has good faith.good faith.

A statement that the information in the A statement that the information in the notification is accurate.notification is accurate.

Information reasonably sufficient to permit Information reasonably sufficient to permit the service provider to contact the the service provider to contact the complaining party.complaining party.

Limitation on Liability of Nonprofit Limitation on Liability of Nonprofit and Educational Institutionsand Educational Institutions

When a public or other nonprofit institution When a public or other nonprofit institution of higher education is a service provider, of higher education is a service provider, and when a faculty member or graduate and when a faculty member or graduate student who is an employee of such student who is an employee of such institution is performing a teaching or institution is performing a teaching or research function.research function.

Replacement of Removed or Replacement of Removed or Disabled Material and Limitation on Disabled Material and Limitation on

Other LiabilityOther Liability No liability for taking down generallyNo liability for taking down generally ExceptionException Contents of counter notificationContents of counter notification

Note on the DeCSS CaseNote on the DeCSS Case

Decode Content Scramble SystemDecode Content Scramble System

Notes on the DeCSS CaseNotes on the DeCSS Case

Digital Versatile Disks (DVDs) can hold full Digital Versatile Disks (DVDs) can hold full length motion pictureslength motion pictures

Market standard use the Content Scramble Market standard use the Content Scramble System (CSS) for encodingSystem (CSS) for encoding

Decoder was Windows/Mac compliant onlyDecoder was Windows/Mac compliant only Jan Johansen, a Linux user, wrote the Jan Johansen, a Linux user, wrote the

DeCSS object code for personal use and DeCSS object code for personal use and published the code on the Webpublished the code on the Web

The LawsuitThe Lawsuit

Suit brought against the “hacker” website 2600.com who Suit brought against the “hacker” website 2600.com who published security flaws and links to the object codepublished security flaws and links to the object code

Industry afraid movies will be downloaded on Napster-like Industry afraid movies will be downloaded on Napster-like programsprograms

Plaintiffs portrayed DeCSS as a “piracy tool” and a “digital Plaintiffs portrayed DeCSS as a “piracy tool” and a “digital crowbar”crowbar”

Defendants made First Amendment argumentDefendants made First Amendment argument Court ruled that DeCSS was similar to “publishing a bank Court ruled that DeCSS was similar to “publishing a bank

vault combination”vault combination” Links were seen as giving the code to the users directlyLinks were seen as giving the code to the users directly

The AppealThe Appeal

Second Circuit of Appeals noted that Second Circuit of Appeals noted that computer code has both a speech and a computer code has both a speech and a functional componentfunctional component

Court ruled that as a strict writing, it has Court ruled that as a strict writing, it has First Amendment protectionsFirst Amendment protections

The functional component can allow an The functional component can allow an individual to violate the lawindividual to violate the law

Court upheld the injunctionCourt upheld the injunction

Considerations and More InfoConsiderations and More Info

Will this have an effect on the advancement Will this have an effect on the advancement of Computer Science?of Computer Science?

Should coders be able to advance code that Should coders be able to advance code that can be used for illegal purposescan be used for illegal purposes

Can find more details at Can find more details at http://www.2600.com/dvd/docs/http://www.2600.com/dvd/docs/

Digital Music and Digital Music and Peer-to-Peer File SharingPeer-to-Peer File Sharing

Richard A. SapinelloRichard A. Sapinello

Client Server Architecture ModelClient Server Architecture Model

Internet content (books, movies, music, documents, Internet content (books, movies, music, documents, web pages) are typically disseminated by means of web pages) are typically disseminated by means of the client server modelthe client server model

- information is “served” on a request from a central information is “served” on a request from a central

system to a personal computersystem to a personal computer- with the expansion of internet the burden on servers with the expansion of internet the burden on servers

has increased dramaticallyhas increased dramatically- with the server down, information becomes with the server down, information becomes

unavailable, and thus it is easy to control the unlawful unavailable, and thus it is easy to control the unlawful distribution of copyrighted materialdistribution of copyrighted material

P2P Architecture ModelP2P Architecture Model

In P2P architecture any computer in the network can In P2P architecture any computer in the network can function as a distribution pointfunction as a distribution point

Enable direct communications among individual personal Enable direct communications among individual personal

computers relying on the internet infrastructurecomputers relying on the internet infrastructure The request for a piece of information is passed along from The request for a piece of information is passed along from

computer to computer until the file is located and a copy is computer to computer until the file is located and a copy is sent along to the requester’s systemsent along to the requester’s system

Unloads heavy traffic from serversUnloads heavy traffic from servers Benefits to people being able to have access to information Benefits to people being able to have access to information

quickly, easily, and cheaplyquickly, easily, and cheaply

P2P P2P ArchitectureArchitecture Model (2) Model (2)

It is difficult to enforce copyright laws with a It is difficult to enforce copyright laws with a

P2PP2P– difficult to trace the movements of files in the difficult to trace the movements of files in the

networknetwork– no central server to shut downno central server to shut down

P2P treats all nodes in the network as equals P2P treats all nodes in the network as equals and disabling one node will have minimal impact and disabling one node will have minimal impact on the networkon the network

MP3 File MP3 File FormatFormat

MP3 is the shortened name for MPEG-1 Layer III (or MPEG Audio MP3 is the shortened name for MPEG-1 Layer III (or MPEG Audio

Layer III) and is an audio subset of the MPEG industry standard Layer III) and is an audio subset of the MPEG industry standard

developed by ISO (developed by ISO (Industry Standards OrganizationIndustry Standards Organization) and became an official ) and became an official

standard in 1992 as part of the MPEG-1 standard. standard in 1992 as part of the MPEG-1 standard.

Fraunhofer Gesellschaft (FhG), a German company holds key patents Fraunhofer Gesellschaft (FhG), a German company holds key patents

regarding the technology. regarding the technology.

Music has always been stored on physical media, but digitization and Music has always been stored on physical media, but digitization and

MP3 format permit proliferation of “containerless” musicMP3 format permit proliferation of “containerless” music

The compressed files are as much as 20 times smaller than the The compressed files are as much as 20 times smaller than the

originals, making music candidate number one of file sharing based on originals, making music candidate number one of file sharing based on

P2P architectureP2P architecture

Music Sharing ApplicationsMusic Sharing Applications

The most famous program was Napster, but it was not a The most famous program was Napster, but it was not a

true P2P applicationtrue P2P application

Morpheus, Grokster, KaZaA, eDonkey, iMesh, Shareaza Morpheus, Grokster, KaZaA, eDonkey, iMesh, Shareaza

are among the numerous P2P applicationsare among the numerous P2P applications

KaZaA is the most popular software with over 275 million KaZaA is the most popular software with over 275 million

users and about 3 million added each weekusers and about 3 million added each week

For the music industry the lethal combination of easily For the music industry the lethal combination of easily

reproducible digital music files, MP3 format enabling reproducible digital music files, MP3 format enabling

storage, and the P2P architecture is a recipe for disasterstorage, and the P2P architecture is a recipe for disaster

The Music Industry Fights BackThe Music Industry Fights Back

In the fall of 2003 the RIAAIn the fall of 2003 the RIAA ( (Recording Recording Industry Association of AmericaIndustry Association of America) filed a lawsuit ) filed a lawsuit against 261 individuals accused of illegally against 261 individuals accused of illegally distributing music over the internetdistributing music over the internet

Being unable prosecute the creators of the Being unable prosecute the creators of the P2P programs, RIAA shifted focus to the P2P programs, RIAA shifted focus to the users of the softwareusers of the software

The lawsuits targeted the heaviest users, The lawsuits targeted the heaviest users, hoping to achieve pedagogical effecthoping to achieve pedagogical effect

The Movie Industry Fights Back (2)The Movie Industry Fights Back (2)

The music industry’s campaign was met The music industry’s campaign was met with widespread criticismwith widespread criticism

Only 36% of the US population believe that Only 36% of the US population believe that file sharing is stealingfile sharing is stealing

Many software developers are rushing to Many software developers are rushing to create new systems to share music more create new systems to share music more covertlycovertly