From Bernard Lang <Bernard.Lang@inria.fr>  Fri May  4 09:13:16 2001
From: Bernard Lang <Bernard.Lang@inria.fr> (Bernard Lang)
Date: Fri, 4 May 2001 10:13:16 +0200
Subject: [Patents] [jeff_grove@ACM.ORG: FYI - USACM statement was distributed this morning...]
Message-ID: <20010504101316.A21617@margaux.inria.fr>


Regarding DMCA

Recall that rules that forbid the use or dissemination of tools and
information for circumventing copyright protection technology
 1- is worse than patents since there is not even a way to get a
licence.  For example, forbidding DeCSS can be effectively used to
prevent the viewing of DVD on Linux ... without any alternative.  It
is total control of platforms via the control of content.  There is no
compulsory licensing.
 2- may be soon in effect in Europe, thans to the recent vote in the
European parliament on April 9th.

  This has nothing to do with copyright itself, which I consider a
good thing, but with the techno-legal excess that surrounds its
protection... and which are even worse than patents, since it is the
problem that is protected ... and thus any solution or even
theoretical analysis.

   As explained below it does threaten, not only free competition, but
also research and innovation.

Bernard Lang


----- Forwarded message from Jeff Grove <jeff_grove@ACM.ORG> -----

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Date:         Thu, 3 May 2001 10:51:58 -0400
Reply-To: Jeff Grove <jeff_grove@ACM.ORG>
From: Jeff Grove <jeff_grove@ACM.ORG>
Subject:      FYI - USACM statement was distributed this morning...
To: USACM-INFO@ACM.ORG

Contact: Jeff Grove                                             Anne P. Wilson
(202) 659-9711                                                      (212) 626-0505
jeff_grove@acm.org                                              annewilson@acm.org

Immediate

COMPUTER PROFESSIONALS CONCERNED DMCA STIFLES ACADEMIC
FREEDOM AND SPEECH

Recent Action Proves Digital Millennium Copyright Act
  Erodes the Rights of Researchers and Impedes Innovation

Washington, D.C., May 3, 2001 - The Association for Computing
Machinery (ACM) continues to support the freedom of computer
scientists to engage in critical research, and to exchange ideas and
information fundamental to the progress of innovation.

The ACM's U.S. Public Policy Committee (USACM) is concerned about the
U.S. law known as the Digital Millennium Copyright Act (DMCA), because
it interferes with non- infringing, legitimate science and research
beyond simply prohibiting copyright infringement.  It does this by
placing overly broad restrictions on technology and communication.
Recently, representatives of the music recording industry cited the
DMCA in threatening legal action against a team of computer science
researchers.  The researchers, led by ACM member Edward Felten,
canceled their presentation of an academic paper describing methods
for demonstrating security flaws in certain watermarking technologies
that might be used by the music recording industry.

"As the USACM pointed out during consideration by Congress, the DMCA
is a misguided attempt to ensure protection of intellectual property
by placing overly broad restrictions on technology and speech.
Preventing Professor Felten and his colleagues from presenting a paper
for academic peer-review is another example of the DMCA stifling
academic freedom and speech.  The ability of computer scientists to
conduct research and exchange ideas is fundamental to the progress of
science," stated Barbara Simons, Co-Chair of USACM.

Added USACM Co-Chair Eugene Spafford, "That the DMCA can be used to
deny researchers their Constitutional freedom to exchange ideas - in
print and in speech - shows what is wrong with overly broad
legislation.  In this case, the threat inhibits our ability to
explore, to understand, and to advance science and technology-- or
even to show that the so called "protection" of the watermarking
technology is specious.  In its efforts to enact intellectual property
protections, Congress has interfered with scientific pursuits and
denied the public of important knowledge about flaws in technology.
The laws should prohibit infringing behavior, not serve as a vehicle
to restrict speech or inhibit traditional rights of citizens.  Laws
prohibiting technology and restricting communication by researchers is
inherently against the best interests of the U.S.".

The ACM is a leading society of computer professionals in education,
industry, and government.  The USACM facilitates communication between
computer professionals and policy-makers on issues of concern to the
computing community.  For more information, visit the USACM web site
at http://www:acm.org/usacm/.

#### END ####

----- End forwarded message -----

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