The End of Innovation?
Subject:   Lessig's argument is flawed
Date:   2001-08-09 15:21:33
From:   crayhorse
Lessig's analysis ignores a key issue. Guns and copy machines can be used to break the law, but they are predominanly used for legitimate purposes. Software that breaks DRM encryption schemes is designed for one purpose only: to violate the contractual obligations of the purchaser. Similarly, Napster is only used to help people steal music without paying for it. Sure people COULD be using Napster to trade recordings of their own music, but they're not. So if you shut down Napster and outlaw DRM cracking, you are only eliminating illegal activity without eliminating any legal activity.

That being said, some of Lessig's lesser points appear strong to me. DRM software should not be allowed to take away the fair use rights of the copyright licensee. And I also find Sklyarov's arrest troubling, and am disturbed by Adobe's role in Sklyarov's arrest.

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  • Lessig's argument is flawed
    2001-08-14 17:57:43  moropeza [View]

    Perhaps Lessig overstated his case using the guns and copy machine analogy. However, CrayHorse says, "Napster is only used to help people steal music without paying for it." I have bought at least 10 copies of my favorite album. Six were in LP form, two in Compact Cassette, and two in CD. Each time, I purchased a new copy to replace a worn or lost older copy. When I download music from that album, who is being ripped off?

    If I had been able to make a perfect copy of my LP or CD, I probably would have kept it safe, and used it when my copy became worn. That I downloaded a song on the album from Napster instead of buying yet another copy does not mean I am stealing it.
  • Lessig's argument is flawed
    2001-08-09 19:00:30  netcmd [View]

    Ok, you those are some good points, but we have a problem. Felten cracked the SMDI. That is research which will promote stronger tools for the industry. The industry is scared of these smart people because they cost them money. If DRM is easily crackable people in other places may end up making copies. Sklyarov and Felten are engaged in security research and should be thanked. I know that gpg/pgp is strong because it has been attacked.

    This is a much larger issue at stake.

    WTO + WIPO = DMCA?

    Programmers speak in Code.

    Pay-per-view books?

    All these things are at stake.
  • Lessig's argument is flawed
    2001-08-09 18:15:46  proclus [View]

    What meally-mouthed double-talk! DMCA props up such dubious contracts and seeks to crush fair use. In your world, fair use means nothing. Just say no to copy restriction.