Hidden Threats to Ham Radio - DRM & DMCA

I think what is being missed is a law that has been pushed into various security bills (so far unsucessfully) in the name of 9/11 to require secure digital circutry on ANY electronic device that deals with audio/video - yes this includes amateur radio equipments. The requirements outlined in his bill (who's name changes from term to term) actually state this last time I read through it.

Edward W. Felten (he was the guy who was threatened with a dmca related lawsuite for just thinking about publishing a paper on how sdmi audio schemes work) has made a list called the Fritz Hit List - named after Senator Hollings - sometimes refered to as the senator from Disney (because they have given him well over 120,000 dollars). He is a senator from South Carolina - and in his own words this is his proposed bill http://hollings.senate.gov/~hollings/press/2002613820.html

http://www.freedom-to-tinker.com/archives/cat_fritzs_hit_list.html these devices (updated day to day) are certified illegal under his law and would have to be equipment with secure digital circutry.

This law would in effect kill off any engineering company in the US that delt with audio/video processing - it would also kill of the market for foriegn made digital audio/video components as well by making them too expensive to produce or to purchase. Even electronic singing fish would have to have secure digital components in them - making them to costly to produce.

Who's side are these people on?

 

</span><table border="0" align="center" width="95%" cellpadding="3" cellspacing="1"><tr><td>Quote (MattBeers @ Dec. 04 2002,00:30)</td></tr><tr><td id="QUOTE">I wish the original posting had been written better so that I could understand the actual issue, but unfortunately it was mainly innuendo - and it was certainly long enough to have summarized the actual law being proposed. So I cannot comment on whether I think hams need to respond to the issue or not.[/QUOTE]<span id='postcolor'>


FCC NPRM 02-230 is 15 pages long and the DMCA is even longer. Neither
lend themselves to "executive summary" very well. You can find them
both at www.nyfairuse.org

If the NPRM goes through it will require all digital devices to be under the ultimate control of the "content cartel", or they will be considered "infringing devices" under the DMCA.

I urge you to read the DMCA there is more scarry stuff in there. We need
to work on getting it repealed, but right now we must stop the "Broadcast Flag" NPRM.

73
-Brett
WA3YRE

 

I have not noticed these legal activities but it seems that impairment of personal freedoms is showing up in many places. I feel a bit nervous. It is a time for vigilence. I commend those who are waving flags in areas they understand. Carry on.

 

Before this forum begins to sound like DSLReports.com (should be renamed RIAAReports.com), I'd like to add my piece as follows.

The RIAA and MPAA (particularly the RIAA) have absolutely no regard for fair use.  This has been proven time and time again by some of the following actions:

The lawsuit by the DVD CCA against DeCSS.  They claimed that DeCSS was meant to copy DVD's.  Quite simply put, DeCSS is was not meant to copy DVD's.  DeCSS was made because hollywood did not provide us a means to play DVD's in any other OS but Windows and Macintosh.  Imagine, we can't even play the DVD's we bought, far less copy them!  We would just love to have software to play our DVD's on Linux, but none was available.  Therefore the community had to code their own, and thus was born DeCSS.  By the way, DeCSS also underscores another point - when you use weak encryption, don't bother screaming bloody murder when it gets cracked.

Cactus and other CD corruption (copy protection) that crashes Mac's and PC's.  One of Celine Dion's most recent CD's was so horrible that it not only refused to play, but got stuck inside of new Mac's and crashed some PC's. Corrupt CD's not only refuse to copy, but they refuse to play on PC's, DVD players, car CD players, high end audio CD players/changers and can even damage your expensive hardware.

Now they want to ban A/D converters?  This means that the following devices will now be useless:

Sound Cards
TV cards
CD Recorders
Ham rigs with DSP
TiVo and other PVR's (except DirecTiVo and DishPVR)
DAT
Answering machines
Digital memo recorders
Digital oscilloscopes

And the list goes on and on!

I agree that those stealing music over the internet are doing something illegal and should be punished to the maximum extent of the law.  However RIAA isn't doing anything that would encourage consumers to buy their product, like:

Lowering prices on CD's to a reasonable level
Having a good method of subscription music downloads (eMusic is a nice concept, but unlimited should be unlimited)
Compensating artists properly instead of ripping them off (IMO, recording execs are overpaid)
Allowing adequate fair use
Actually producing good music (no more of that Britney/N Stink/ cr*p we hear now)

Things we can do as consumers:

Write to your local reps and the FCC (with regards to ham equipment).
Don't contribute to the RIAA's legal fund by buying their CD's (I personally like to support independent artists)
Don't re-elect corrupt politicians into office and write them and let them know what they are doing is wrong.  (Ok, I know this is hard to do).

EDIT:
By the way, all of this CD corruption copy protection is not going to stop the big time pirates who cost the recording industry the most money. For the most part, those guys use industrial duplicators and even make illegal orders at CD/DVD manufacturing plants. Both of the above methods pretty much make bit for bit copies and ignore any form of copy protection. Furthermore, smart pirates operate outside of the United States, particularly in Asia where they are far outside the reach of US law.

Further reading:
The Electronic Frontier Foundation
Boycott the RIAA
CD Price Fixing
DVD for every OS

 

"One of Celine Dion's most recent CD's was so horrible that it not only refused to play, but got stuck inside of new Mac's and crashed some PC's."

I think if somebody tried to feed me a Celine Dion CD I'd get sick and crash, too.

 

It was started this is due to "music theives".  Not really true.  The Napster case opened a small crack in the law and someone is trying to open a flood gate.  It is due more to greed.  This is an age old battle.  It happened when cassett recorders became popular, then with the introduction of the Sony Beta-Max and with DAT and CDs.  In all cases they lost.  As stated with the Sony Case, a company can not be held liable for what the end user used the product for, production continued and the rest is history, so to speak.  The mistake was when the court shut down Napster.  This opened a little crack in the door.  Now they try again because of computer and home DVD recorders and digital TV.  It seems that when ever new technology arises they are waiting around the corner with hip pocket lawyers trying to make money on it.  Would it affect Ham Radio, they would like you to believe that would be a far fetch conclusion, but as with all laws you have to look at all possibilities.  Right now both of the industries are about the only ones I know that sell products with little or no warranty.  Ever try to return a DVD or CD, if you are lucky you can to an "exact exchange, same title".  Positivily no refunds.  Break it you own it, no returns.  After you open it, it's yours with no warranty on how long it will last or how it will perform.  Would you by a new $3k radio under the same conditions?  Passage could/would have immediately effect on many people.  Many I know, to include myself no longer have "big stereo" systems.  The home theater works fine.  However, now you may not be able to play your favorite CD on your home system, becuase it utilizes CD-ROM.  Forget about listening to them on your computer while working, won't work there anymore either.  What they complain about has gone on for years, and been through the courts.  People have always made a copy of an album, recorded their favorite tv show while at work, or copied a movie they rented.  The way I see it, they want to own the rights to their product "forever" and to dictate how it is used "forever".  Many ,legal internet radio station have already been forced out of business as well as many broadcast stations have stopped their shows from being heard on the net. Why, because after they became popular the record industry raised the cost of the license so much that is was now unaffordable.  Well some may say that is ok and is how it should be.  But what if this opens a door for other types of manufacturing to say the same.  What would happen if the drug industry used it to stop generic companies.  How affordable would medications be then?  What if ICOM or Kenwood or whoever, said only our filters and mics maybe used with our radios? Would it be legal to share anything?  How about back up copies?  All gone.  Stupid examples, maybe, but how far to big companies push to secure the extra dollar.  Even now the MPA is fighting within itself.  Many distributors want to drive the cost of a DVD down to 10.00, while others want to keep it up to 25.00.  Why? Because at 10.00 more people may purchase the movie, at $25 more people will rent, and they claim to make more in the rental market.  I agree they have the right to and do use copy protection.  I did think it was funny when after spending who knows how much to develope music CDs that could not be "played" in a computer cdrom, it only took hackers less then a week to figure out a 98cents marker solved the problem. But it is too late in the game with so many playback/record devices on the market to try a dictate what they can be played back on.  I do agree that something needs to be done to stop the black marketing of "bootleg" material being sold at the flea markets and such.  That should be law enforcement, it is already against the law to sell copywrited articles without permission.  Sorry for the rant, been a thorn in my side for years.  Guess I'd better check to ensure I haven't accidently quoted a song lyric or line of a movie.  Might get sued for "sharing" it with you.

 

Next they will outlaw "Memory to Speech Converters," or vocal cords so I can't memorize a song and share it with you by singing it.

 

</span><table border="0" align="center" width="95%" cellpadding="3" cellspacing="1"><tr><td>Quote </td></tr><tr><td id="QUOTE">In all cases they lost.  [/QUOTE]<span id='postcolor'>

This may be changing, my friend.  RIAA/MPAA/BSA have gotten older, wiser and greedier.  They have decided to attack their problem on two main fronts:

Technology - the big players in technology like Microsoft and Intel are making Digital Rights Management mandatory in their new product offerings.  Planned obsolecense ensures that we will have no choice but to some day buy their products.

Legislation - The DMCA is just the beginning.  Ever heard of the Berman bill?  This bill, introduced on June 25, by Howard Berman (D-CA) will allow the RIAA/MPAA/BSA and their appointed agents to basically engage in vigilante justice and hack your computer, if they even suspect that you have taken part in copyright violation activity.  Say goodbye to your privacy on the internet.

Many big players in the hardware industry are in bed with the RIAA.  Many <s>bribes</s> campaign contributions are often passed on to congressional reps by people in the entertainment industry.  One only has to look at the location of Berman's congressional district to see why he is behind legislation that takes away our fair use rights.

 

I have an idea. Let's all just put a "hit" spot in our DVD's so they can only be played once, and incinerate when they do. That would solve these copyright issues.

 

</span><table border="0" align="center" width="95%" cellpadding="3" cellspacing="1"><tr><td>Quote (KC8VGM @ Dec. 04 2002,19:06)</td></tr><tr><td id="QUOTE">I have an idea.  Let's all just put a "hit" spot in our DVD's so they can only be played once, and incinerate when they do.  That would solve these copyright issues.[/QUOTE]<span id='postcolor'>
Then you'd just have Divx.

 

A standard PC soundcard can be used to "bypass" digital copy protection/watermarks/etc.  Thus, the way the proposed law is written, soundcards with INPUTS can be considered illegal.  Before anyone say "The quality won't be as good" I will agree.  But for nearly 85 years we all got by using ANALOG recordings.  Do you really think an MP3 is that clean to begin with?  

Anyone have scanners that have a couple of "notches" in them in the 800 MHz spectrum?  It does not matter that the signals originally inteneded to occupy these "notches" are now outside them and mostly digital, the law still applies.  Do you think it will be reversed?  Yeah, right.

 

</span><table border="0" align="center" width="95%" cellpadding="3" cellspacing="1"><tr><td>Quote (AB2MH @ Dec. 04 2002,09:31)</td></tr><tr><td id="QUOTE">By the way, all of this CD corruption copy protection is not going to stop the big time pirates who cost the recording industry the most money.  For the most part, those guys use industrial duplicators and even make illegal orders at CD/DVD manufacturing plants.  Both of the above methods pretty much make bit for bit copies and ignore any form of copy protection.  Furthermore, smart pirates operate outside of the United States, particularly in Asia where they are far outside the reach of US law.[/QUOTE]<span id='postcolor'>
I foresee enormous opportunities arising from
this in the fields of black/gray marketing, terrorist-
cell funding, Asian technology development, police
corruption and citizen disenchantment with gov't
anything. It's a wonderful way to usher in the
21st century and the new millennium of world disorder.
It is the perfect vehicle to make anarchy acceptable
to the masses. Who wouldn't resent an electronic
nanny, particularly one that assumes that all subjects
are guilty until proven innocent (oh, excuse me,
validated).

 

I just have to add my 2 cents. In theory, would this outlaw my HP Printer? I mean, it takes digital signals and converts them to analog format. So I *COULD* type copyrighted things, print them, photocopy them, and then distribute them (sounds like a high school english class to me&#33. And that... that would be illegal. *Sigh*. Why does everything have to have a law now-a-days? People that complain about Napster and Kazaa don't use the tools correctly. I've never (NEVER) had a virus from Kazaa. Same for Napster when it was alive. I guess I may have an "illegal thinking", but it seems that it's just the wave of the future. I forsee an internet where every last little thing is going to be regulated. What's next, FCC issued tests for internet use? (Haha. 56K and below until you can pass a 20WPM typing test without looking. Does THAT sound familiar?) I've probably bought CDs that I wouldn't have thought about if it weren't for Kazaa. I've found bands -- and supported them -- through Kazaa. It comes down to the fact I only want one song of a particular artist's and it happens that it isn't released as a single. Well, he's already making millions, no sense in giving him another $17.95.

I use Kazaa and Winamp more than I use my radios. It's just that I can emotionally cope with life better with music, and I have plenty of choice from the 1200 songs I have downloaded. Some people say they couldn't imagine paying $50 a year for a music service such as that. I'd get my own job to pay for $50 a month for unlimited file sharing. Some people use it, some don't. It's like echolink. I guess being younger I see it differently, but I remember my mom and her friends putting together $2 each, buying a new band's tape, having somebody make a few copies, and everybody had a copy of the tape for just $2 instead of $15. Even if everything was outlawed, there would still be those of us that would find a way around it, homebrewing and such. I guess it boils down to the fact that if there's a will, there's a way. Take away my file sharing and I'll find a new way to do it. (Napster shut down, and somebody came out with Kazaa. There's no stopping it, honestly.)

 

For those of you that want a direct short link to
making your comments to the FCC here it is http://www.nyfairuse.org/action/fcc.flag/nprm02-230.xhtml

You can find some comments by others and an executive summary at
http://www.nyfairuse.org/action/fcc.flag/

 

If our Government blindly outlaws A/D converters without paying attention to the consequences then Pactor-2 and Pactor-3 would cease to exist. These advanced HF digital modes are used for backup communications in embassies around the world and outlawing A/D converters would place all the embassy staff in danger. The PTC-II controllers used in these advanced HF communications modes require Sigma-Delta converters as part of their protocol:

http://www.rmsinst.com/dt3.htm
http://www.intersil.com/cda/application/0,1239,18,00.html

In my opinion, I don't think this will ever happen but again one never can predict the future with absolute certainty.

Cheers,
Ed AE4TM

Pactor protocol