[ NNSquad ] Re: Controversy rages on re ACTA ("Use a camcorder, go to jail!")

[Lauren Weinstein <lauren@vortex.com>]

----- Forwarded message from Mark Casazza <mark.casazza@mail.cuny.edu> -----

Date: Fri, 06 Nov 2009 12:58:57 -0500
From: Mark Casazza <mark.casazza@mail.cuny.edu>
Subject: Re: [ NNSquad ]  Controversy rages on re ACTA ("Use a camcorder,
	go to jail!")
To: Lauren Weinstein <lauren@vortex.com>

   Hi Lauren,

   The more I read about how far overboard they're going with ACTA the more I
   think it would be a good idea if it passed.  If big content was treated as
   the bit player they are then the treaty would have minimal impact on the
   internet--as you said, the horse is already well out of the barn.
   However, by giving big content a major role the treaty would all but
   ensure that a majority of people would start adopting strong encryption to
   make sure that they don't run afoul of some provision.  Even a small
   increase in the use of encryption would pretty much render ACTA
   unenforceable, but that same small increase would begin the process of
   making encryption ubiquitous and that can only improve everyone's security
   and privacy.  The government (read NSA and other spooks) wouldn't like it,
   but I don't think they could stop it either.  So, all in all, ACTA as
   leaked may end up being very good for society in general.  It would be one
   hell of an unintended consequence but that would be a good thing too,
   poetic justice if nothing else as they're hoist by their own petard.

   Mark

   PS Feel free to pass on if you wish.

   "The percentage of taxes on GDP (in Pakistan) is among the lowest in the
   world... We (the United States) tax everything that moves and doesn't
   move, and that's not what we see in Pakistan"
   - Hillary Clinton - [1]the link

   Mark Casazza
   Director of Academic Information
   The City University of New York
   555 West 57th Street, Suite 1240
   New York, NY 10019

   Phone: 212.541.0396
   Fax: 212.541.0392

   Lauren Weinstein wrote:

 Controversy rages on re ACTA ("Use a camcorder, go to jail!")

 It's worth reading this discussion of the continuing (largely behind
 closed doors) efforts of the entertainment industry to elevate their
 product to the level of "Master of the Internet" globally, complete
 with Internet cut off mandates and criminal provisions for activities
 such as holding up your Flip or cell phone in a movie theater.

 [2]http://bit.ly/1UWIGn  (Michael Geist)

 As I've said many times, I'm basically sympathetic to the plight of
 the recording and film industries.  I've spent my whole life here in
 L.A. in the geographic heart of both sectors, have had many friends
 working in both, and have enjoyed numerous direct contacts of my own
 over the years with both recording labels and film studios.

 However, what's going on with this facet of the ACTA is the classical
 closing the barn door after the horse has left the planet.  The rise
 of digital recording and communications technologies have eviscerated
 the concept of "copyright control through scarcity" -- and you don't
 have to like this state of affairs to admit that it's true.

 The extents to which the entertainment industry has seemed willing
 to go in efforts to "undo" history -- not just via the ACTA but in the
 past via proposals such as A/D converter restrictions, and currently
 with calls to allow shutting off video outputs on set top boxes,
 frankly are indicators of desperation and an unwillingness to accept
 technical realities.

 In fact, the industry has reacted in much the same way with every
 technological change -- starting back with sheet music, the
 gramophone, VCRs, and so on.  The march of technological progress is
 inevitable, short of global thermonuclear war.

 The old business models in the music and film industries cannot survive
 forever (though the latter still seems able to pay the big bucks to
 stars for "yet another remake" on an ongoing basis).  I won't even
 touch the question of quality in new music releases.

 One other point for now.  Draconian criminal "camcorder in theater"
 provisions suggest to the public that pirating of films is based
 on some guy with a camcorder leaning on his leg who then rushes off
 to monetize the result.

 In fact -- and this should be obvious since most commercially pirated
 films these days are of relatively high copy quality and often hit the
 Internet *before* the films' release -- most commercial film piracy is
 based on copies that are purloined from *within* the film production
 ecosystem, *not* from copies made after release by camcorders in
 theaters.

 And of course, all it takes is *one* copy of a song or film that
 "escapes" for it to be rapidly available illicitly around the world.

 That's just the reality.  Attempting to remake the Internet and
 associated laws in a desperate attempt to hold back the clock is about
 as likely to succeed as holding a bunch of sand in your clenched fist
 for very long.

 You end up with a lot of sand on your feet.  Or figuratively speaking,
 with mud on your face.

 --Lauren--
 NNSquad Moderator


References

   Visible links
   1. http://www.dailytimes.com.pk/print.asp?page=2009%5C10%5C30%5Cstory_30-10-2009_pg1_1
   2. http://bit.ly/1UWIGn

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