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Scott Dier dmca / encryption (10/1/00 7:07:39 PM, #918) With the DMCA, do you feel that circumventing encryption for fair use is legal. Do you feel that digital technologies should be treated any different in fair use than analog technologies? |
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Scott Dier MP3.com and new laws (10/1/00 7:22:06 PM, #919) Do you feel that the pending act in the House to make MP3.com's my.mp3.com serivce legal (by making it legal to keep a database of CD's to provide fair use copies of music) is a good thing? Do you feel it will help future music sales, or do you feel that it will erode IP to artists in the future? |
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Curtiss Priest greed (10/1/00 7:25:41 PM, #920) Do we need a "greed system" to support artistry ? |
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Francois (10/1/00 7:25:46 PM, #921) QUESTION TO LAWRENCE LESSIG: You have argued that "IP" is not really "property" in the same way that a house can be. As a point of history, would you know who first called copyrights "property", either in general (perhaps the Berne Office?) or in U.S. Law? Has it always been true that copyrights could be traded for money, instead of remaining with the authors themselves? |
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Dave Burstein Conquering the digital divide requires
the same enabler the mass distribution of your companies movies require
- inexpensive equipment. Right now, most of the equipment endorsed requires
particular operating systems, and the cheapest, Linux,unavailable from
most vendors. I'm afraid, because if the standard way to deliver video
becomes, say, Windows video player, then Microsoft has a remarkable tool
to control content. |
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Curtiss Priest culture (10/1/00 7:31:07 PM, #923) If music is so central to culture, which I believe it is, why does it need to be so expensive? After a certain level of compensation, aren't artists (and producers) compensated enough? Do they all need to live million dollar life-styles? |
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Frederick Wasser (10/1/00 7:34:39 PM, #924) Did I hear Lessig say that Jefferson specifically linked copyright with the first amendment? Where is this published? |
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Jim O'Connor Who will decide? (10/1/00 7:35:52 PM, #925) Will this issue be resolved based on what is best for society (the public and artists) or who has the best lobbyists? |
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Curtiss Priest We could, for example, use music in a way
to help people better understand themselves and others. |
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mike flynn Napster (10/1/00 7:39:31 PM, #927) How does Professor Lessig propose to insure the fair return to creators that he referenced whose works are being dowloaded using Napster or other peer-to-peer technologies? |
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Kevin Bankston fair use: right or defense? (10/1/00 7:41:25 PM, #928) Professor Lessig: Fair use has traditionally been treated by the courts as merely a First Amendment derived defense against copyright infringement actions, rather than as an affirmative First Amendment right. But as privately deployed rights management hardware/software and restrictive licenses supercede copyright laws as the primary mode of protecting content, and copyright infringement actions become increasingly irrelevant, so will this defense. Will that be the end of fair use? Or can a legitimate argument be made that fair use is a constitutional right rather than merely a defense to an infringement suit? If so, what is that argument? Can you name any specific cases that would support this argument? |
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mike flynn Fair Use v. Right of Access (10/1/00 7:44:07 PM, #929) How does Professor Lessig arrive at a right of access from the doctrine of fair use, which is an affirmative defense to copyright infringement? Please have him connect the dots. This refers to his comments about the anti-circumvention language in the Digital Millennium Copyright Act. |
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Scott Dier copyright/france (10/1/00 7:47:40 PM, #930) Please, Mr. Valenti, with your vast knowledge on the French reveloution, do you know the differences between "copyright" pre reveloution, and post reveloution? (The changes in scope of the laws) And, can you please note the 'class' of people who overturned the goverment, and why they felt that copyright law was to be abolished? (working class was being legislated out of working because simple things they were creating were being copyrighted and they couldn't make a buck) How the heck does this corelate to todays problems? |
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Beth Bassett Napster (10/1/00 7:51:18 PM, #931) Do you feel that Napster is a free speech vs. commercial rights issue? |
| Curtiss Priest make enough to make more (10/1/00 7:51:18 PM, #932) Is this statement of Lessig's a new way to think about copyright? At a certain point we have diminishing returns to copyright payments. How do we make the products of copyrighted acts available to the maximum number of recipients at the lowest possible price? |
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Curtiss Priest the "Sony Bono amendment" (10/1/00 7:55:15 PM, #933) What good did this accomplish? Is it producing more intellectual property wealth? |
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D Hudson competition (10/1/00 7:56:34 PM, #934) For Jack Valenti (1) How can the MPAA foster competition between different schemes to protect copyright? (2) Is it piracy for third parties to create DVD players without the MPAA's permission? |
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Curtiss Priest ask Mr. Valenti (10/1/00 7:57:08 PM, #935) Do you believe our copyrighted "entertainment" -- from songs to movies, is improving the cultures of other countries? |
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D. Friend appropriation of public wealth (10/1/00 8:00:33 PM, #936) mr. valenti: Why is a person who recombines informational material from the public sphere not merely engaging in the private appropriation of public wealth? and, do I owe James Boyle money now? - as this came from his book Shamans, Software, and Spleens |
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Timothy Phillips mauling the public domain (10/1/00 8:08:54 PM, #937) Mr. Valenti: Look at the Thomas Nast cartoon at http://www.boondocksnet.com/gallery/nast711111.html That's you in the stands, viewing the bloody specatacle with such glee. The mauled woman is the public domain. The tiger is the CTEA and the "anti-trafficking" and "anti-circumvention" provisions of the DMCA. Have a nice day. Tim Phillips |
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Duncan McQueen RecordTV (10/1/00 8:08:56 PM, #938) Valenti stated that he knew nothing about the RecordTV case, however he said that RecordTV operator David Simon "willingly and knowingly has built a business based on offering its customers access to valuable stolen property," according to a statement issued by his office. Can he explain his basis for this belief? |
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Albert Castaneda (10/1/00 8:10:23 PM, #939) Mexican American Political Association Valenti represents the MPAA is policing the Internet, DVD Playback, and all means of Bradcast to make sure Film and TV corporations get pay for any and all media play globally. Even encarcerating kids to accomplish it. Wants to control the Internet Globally and collect from the world. But refuses to address the issues of Internet pay for Actors "Pay per Play" Sag/Aftra strike negotiation broke down specifically because Valenti et al refuse to address ANY issue dealing with internet and actors being compensated residuals. Billions at stake for MAPAA members Make but not share. ****Question: IS THIS A DOUBLE STANDARD.??? |
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Sarah Lai Stirland Control vs. Lack of Control (10/1/00 8:13:13 PM, #940) For both the speakers: You both talk about control/lack of control of content either explicitly or implicitly, could you try to address what a middle ground might be? How do you envision content being used in a fair way in the digital world at the same time as fairly compensating artists? I think that's the most immediate issue that concerns the business and artistic communities. |
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Curtiss Priest move up a level (10/1/00 8:16:56 PM, #941) Can we recognize that existing law will always lag technology. So, can Lessig couch his defense more in terms of what will be lost, rather than appealing to prior case law that is already outdated? |
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Curtiss Priest "property" (10/1/00 8:22:41 PM, #942) Have we lost the battle the moment we call it "intellectual property?" If not property, what is it? Is it "symbols in the public domain" once transmitted? Valenti refers to "limited period of time." So should the period be variable depending upon what the production system requires to produce it? |
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Sylvia Caras Perversion of Language (10/1/00 8:24:30 PM, #944) Would Lessig put his comment on the perversion of language in a larger social context? I see this in many discussions today, where words are given odd and paradoxical meanings. I think it relates to how we are communicating and thus links back to this intellectual property dialogue. |
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Cmdr Taco File Sharing (10/1/00 8:24:30 PM, #943) Do you believe that a filing sharing network such as Napster or Gnutella can ever operate totally legally? |
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aron craig DMCA defeate 'limited time'? (10/1/00 8:25:42 PM, #945) It seems that the DMCA bypasses the 'limited time' clause of copyright law. If the public cannot decrypt a work and all copies are encrypted it can no longer enter into the public domain. Mr. Valenti, how can you marry these two opposing positions? |
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Ben Wilkinson Gnutella (10/1/00 8:26:11 PM, #946) Do you think it is possible to stop piracy by shutting down each and every P2P program that is developed? |
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Adi Knishinsky Copyright Alternatives (10/1/00 8:26:22 PM, #947) Regardless of the legal implications regarding copyright laws, why doesn't the MPAA look at alternatives that are capable of replacing the monetary losses being experienced? EXAMPLE: When the boat is sinking, you don't think of suing the boat maker, you innovate new ideas to keep you afloat until another boat comes along. |
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Check Mater DVD Country Codes (10/1/00 8:26:25 PM, #948) How does the MPAA think that in the era of the Internet, the concept of DVD Country Codes can still be sustained? That's what's happening right now - Europeans have to wait till the good Americans decide to give them their content. |
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Glenn Buckholz Encryption (10/1/00 8:27:17 PM, #949) Earlier it was stated Encryption is the law of the land, It is a mathamatical concept the theories of which include the possibility that it is broken, so has has the Decss violated the concept of encryption by breaking it? |
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michael moore Napster/Fair Use (10/1/00 8:28:20 PM, #950) Mr. Valenti, if I assign my class an activity using Napster, are we protected by educational Fair use? |
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Patrick Park Straight answers from Valenti (10/1/00 8:28:26 PM, #951) Mr. Valenti, I am watching this debate on the Internet and I have yet to hear you answer a question or give a reason for your 'beliefs' in a straight, clear way. Why are you so evasive? Is it because you understand the inherent ridiculousness of your position? |
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Kevin Bankston follow up to fair use: right or defense (10/1/00 8:29:24 PM, #952) Prof Lessig: You said that fair use supports a right to hack copyright controls--but wouldn't this just limit fair use to hackers and their friends? Shouldn't an affirmative right to fair use mandate that privately created content control not prohibit fair uses? Then we wouldn't need to hack MPAA technology--rather, the MPAA's technology would have to conform to the fair use doctrine. |
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Travis Savo Question for Jack: (10/1/00 8:29:35 PM, #953) Technically, DivX allows people to distribute movies. So does ASF from microsoft. How do you intend to stop these technologies from "taking your piece of the pie"? |
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Ari Gordin Liability (10/1/00 8:30:51 PM, #954) If a company develops a device with both legal and illegal uses, is the company liable for such illegal uses? |
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Sarah Lai Stirland (10/1/00 8:34:16 PM, #955) Here's a page that links to DECSS source code: http://revjim.freeshell.org/decss.html Doesn't this page show how ineffective Judge Kaplan's decision on 2600's links is? |
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chris davis DeCSS and the MPAA (10/1/00 8:35:21 PM, #956) For Mr. Valenti: You were asked earlier questions about the DVD and DeSS case, and I would like to hear why, it is considered illegal for me, to watch, on my Linux system, a dvd, which I have purchased. Is this not fair use of the dvd I have purchased? |
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Macki Question for Valenti regarding linking (10/1/00 8:35:56 PM, #957) Question for Valenti: While Judge Kaplan agreed to prohibit 2600 from linking to DeCSS, why do websites owned and operated by MPAA member companies, like Disney, along with websites like CNN, Scientific American, The New York Times, and Wired, continue to link to DeCSS without objection? |
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Chris Scharff Check a movie out form a library? (10/1/00 8:36:14 PM, #958) If I check out a DVD movie from a library under the fair use clause, how do I then violate the fair use clause by using a reverse engineered descrambler to watch it on the Unix box in my classroom? |
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Christopher Lambert The fallibility of technology (10/1/00 8:36:52 PM, #959) Given that any technology may be circumvented given sufficient resources (as has been consistently proven), and hence that legal and technological attempts by the MPAA to limit the distribution to their strict definition of legality will likely be bypassed and the protected media distributed on the internet, what does the MPAA propose for a long term solution? |
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Danny Silverman Valenti's fair use (10/1/00 8:37:09 PM, #960) Does fair use now mean that we must watch advertisments in the classroom at the beginning of DVDs before we can fast-forward to our section? that we can no longer copy segments of videos for use in presentations? That we can no longer, for instance, view German DVDs in our German class because they are region-encoded differently? |
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Danny Silverman Valenti's fair use (10/1/00 8:37:11 PM, #961) Does fair use now mean that we must watch advertisments in the classroom at the beginning of DVDs before we can fast-forward to our section? that we can no longer copy segments of videos for use in presentations? That we can no longer, for instance, view German DVDs in our German class because they are region-encoded differently? |
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Mike Utke Post 2600 letters (10/1/00 8:37:35 PM, #962) After Judge Kaplan ruled in the 2600 case, the MPAA began sending out letters to other mirroring DeCSS. These letters relied on the ruling to convince these sites to shut themselves down (or else face the same consequences 2600 did). Did the MPAA send out letters to the New York Times, Disney, etc., since they all link to DeCSS in articles and search engines? If no, why not? |
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Chris Scharff If I own a copy of a CD (10/1/00 8:37:56 PM, #963) If I own a copy of a CD, how do i violate the fair use clause by downloading a copy of that song on MP3? |
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Albert Mao Technological Protection Mechanisms (10/1/00 8:39:06 PM, #964) Jack Valenti: Many technological devices that are employed to protect copyrighted works are based on mathematical theorems. If a mathematician makes a purely mathematical discovery that inadvertantly facilitates circumvention of a technological protection mechanism, should this mathematician be vulnerable to legal retribution and should it be legal to disseminate his discovery? Note that under the DMCA it is illegal to use or distribute any information that can be used to circumvent a technological protection mechanism. |
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Samuel Berry Related Issues (10/1/00 8:39:08 PM, #965) In light of recent revelations about the marketing of inappropriate movies to minors, I don't think that the movie industry should be too moralistic about its "property rights". In fact, intellectual property rights are, and should be, whatever Congress decides. For example, I don't think Congress should grant this monopoly right to works that contain excessive violence or sexual content. I would advocate adding a provision requiring a jury finding of "community acceptability" (i.e., no gratuitous violence or sex) for any copyright enforcement action to succeed. Also, intellectual property needs to be clarified in order to avoid stifling commerce on the internet. Protection should not extend to business practices on the internet. |
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Jim Other fair use rights (10/1/00 8:39:45 PM, #966) What about the other fair use rights? What if I want to distribute a brief clip of a DVD as part of a critical review? What if I want to excercise my rights to parody, etc? I can no longer do this under the DMCA |
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Chris Scharff Stealing? (10/1/00 8:40:06 PM, #967) I buy a CD and want to watch it on my Linux box, how am I stealing? |
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Serge Egelman Rights of the artists (10/1/00 8:46:40 PM, #968) This question is for Mr. Valenti: He has said on multiple occasions during this debate that he wants the rights of the artist to be the first priority. He also claims that regardless of the medium, all artists should have total copyright control over their works. If this is the case, why does he support such legislation made by the MPAA and the RIAA that forces the rights to the works to fall into the hands of the record and movie companies (thus the artist loses all control)? |
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glenn brown artists' rights and work for hire (10/1/00 8:46:47 PM, #969) Mr. Valenti: You say that you believe in the right of authors to protect what they've created. How do you reconcile this stance with the ubiquity of "work for hire" in the entertainment business -- a practice so pervasive that it essentially offers artists a choice between handing their rights over to publishers or abandoning their works to their desk drawers? |
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