DMCA Deeming

[Janet Hawtin]

Clarifying:

In the DMCA it says that:
`For purposes of paragraph (2), a work that is published in the United
States or a treaty party within 30 days after publication in a foreign
nation that is not a treaty party shall be considered to be first
published in the United States or such treaty party, as the case may
be.';

That is the old version too. There is a new one in progress.
Drahos has written about these processes operating on a ratchet system
where the restrictions can only become more restrictive as any
relaxation will be deemed to be a breach of the subsequent deals with
partner nations(even if the US coerced the partner nations to agree to
those terms in the first instance.)

This is a brokenness in the DMCA. A logical nastiness.
DRM is a technological nastiness in implementation of a logically nasty system.
ie DRM does not generate or hinge on the above provision but they are
both symptoms of the copyright system being driven by right of way for
specific interests rather than a balance between public purpose and
payment for effort.

At WIPO broadcasters have just had a setback in their campaign for
rights based control of any material they distribute. ie The same act
will now be progressed but with a focus on the signal and without
directly overwriting the rights of the people who created the content.
However these broadcasters are still looking for rights to determine
how future use of the material broadcasted is used.

I am still concerned that because there is very little Australian
control of the means of dissemination of information (we are selling
our pipes) the broadcasters can control decisions about distribution
of our content because we have limited non US broadcast options for
distribution of our ideas and content in an internet context and
probably in a traditional broadcast context too.

In my opinion the people who own the pipes gaining control over future
uses of that message is like the phone company controlling the content
of what you have said, and also like a peer to peer file sharer who
has distributed your content now claiming they have rights to tell you
how you may use the material they have distributed. Broadcasters do
not need to ask for permission to broadcast your material - they are
trusted news collectors and have special privileges.
Unfortunately they see this as a market opportunity not a trust.

Janet