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[ NNSquad ] The Real Goal Of Regulating Buffer Copies? So Hollywood Can Put A Tollbooth On Innovation


----- Forwarded message from Dave Farber <dave@farber.net> -----

Date: Mon, 6 Feb 2012 15:44:26 -0500
From: Dave Farber <dave@farber.net>
Subject: [IP] The Real Goal Of Regulating Buffer Copies? So Hollywood Can Put
	A Tollbooth On Innovation
Reply-To: dave@farber.net
To: ip <ip@listbox.com>

---------- Forwarded message ----------
From: "Dewayne Hendricks" <dewayne@warpspeed.com>
Date: Feb 6, 2012 3:24 PM
Subject: [Dewayne-Net] The Real Goal Of Regulating Buffer Copies? So
Hollywood Can Put A Tollbooth On Innovation
To: "Multiple recipients of Dewayne-Net" <dewayne-net@warpspeed.com>

The Real Goal Of Regulating Buffer Copies? So Hollywood Can Put A Tollbooth
On Innovation
from the insanity dept
By Mike Masnick
Feb 6, 2012
<
http://www.techdirt.com/articles/20120203/02333517646/real-goal-regulating-buffer-copies-so-hollywood-can-put-tollbooth-innovation.shtml
>

As you hopefully know by now, we've been talking a lot about the
Trans-Pacific Parntership agreement (TPP) that's being negotiated. That's
because following the SOPA/PIPA debate, there's been renewed interest in
ACTA -- which is great -- but with ACTA very far along in the process, we
think it's important that people are also paying attention to the next
attempt by a few legacy industries to sneak bad laws onto the books via
international agreements negotiated in absolute secrecy. It's been almost a
year since the first version of TPP leaked, despite attempts by negotiators
(especially the USTR) to keep it entirely secret. We noted many problems
with it at the time, but with the renewed interest in TPP, people are once
again dissecting the leaked document. Cory Doctorow, over at Boingboing
recently highlighted how TPP will seek to regulate buffer copies:

One jaw-dropping leak is that that the treaty contemplates requiring
licenses for ephemeral copies made in a computer's buffer. That means that
the buffers in your machine could need a separate, negotiated license for
every playback of copyrighted works, and buffer designs that the
entertainment industry doesn't like -- core technical architectures --
would become legally fraught because they'd require millions of license
negotiations or they'd put users in danger of lawsuits.

This isn't the first time that buffer licensing was proposed. Way back in
1995, theLehman white paper, proposed by Clinton's copyright czar to Al
Gore's National Information Infrastructure committee, made the same demand.
It was roundly rejected then, because the process was transparent and the
people who would be adversely affected by it (that is, everyone) could see
and object to it.

This is about legislating chip designs and software architecture, and the
only people allowed in the room are entertainment execs. The future of
silicon itself hangs in the balance.

This is great background info, and there's a little more history to go into
here. First, what does the leaked copy of TPP actually say? It's right here
in Article 4, Section 1:
Each Party shall provide that authors, performers, and producers of
phonograms have the right to authorize or prohibit all reproductions of
their works, performances, and phonograms, in any manner or form, permanent
or temporary (including temporary storage in electronic form).

[snip]

Dewayne-Net RSS Feed: <http://www.warpspeed.com/wordpress>



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