After watching and listening to Lessig's Free Culture presentation--thanks to Wes Fryer for the link--I followed up on the Public Knowledge web site. On there, I ran across something that summarized all the problems I'd been having with working with music, etc. I agree that we should be allowed to do each of the following...these activities shouldn't be illegal...

Making a digital copy of a copy-protected CD to listen to on a computer or mp3 player.

Making a digital copy of a DVD for playback on a portable device like the new video iPod, Sony Playstation Portable, Personal Digital Assistant (like a Palm Pilot), or cell phone.

Making a digital backup of a DVD or copy-protected CD.

[This is something you practically have to become a digital pirate to do well, it's gotten so difficult. Why is it illegal to make a backup copy? Obviously, the same strategies used to make legitimate copies are the same ones used illegitimately].

Digitally copying a legally downloaded music collection for playback on a competing mp3 player or computer. For example, a consumer cannot play songs purchased on iTunes on a Rio player, and cannot play songs purchased on Yahoo Music on an iPod or Macintosh operated computer.

[This is exactly why I do not use iTunes or purchase music online. Unbelievable that you can't just play songs you buy on any device you choose to.]

Legally removing malicious technical protection measures from a computer, like the infamous Sony rootkit digital rights management (DRM) tools. When Sony CDs with the rootkit DRM were played on computers, they were made more susceptible to viruses.

[Give me Linux any day of the week...better a Linux machine than one where you can't trust who's snooping. Even if there's nothing to snoop for, who gave others the right to snoop in the first place?!?]

In addition, you may find useful a few other examples of prohibited lawful uses of digital content not provided in my oral testimony:

Digitally excerpting small parts of DVD movies or bonus features for school and work presentations, public comment, criticism, etc.

[This is ridiculous. I remember working with Discovery's Digital Curriculum. We were able to edit the video, use excerpts...and then, everything stopped and we were unable to after that. What is the purpose of rip, mix and burn if you can't do that? We're pushing passive learning for sure.]

Fast-forwarding through DVD advertisements and movie previews.

Playing DVDs purchased from foreign countries on a US DVD player or computer.

Although these lists are not exhaustive, they illustrate the point at the heart of my testimony: that the DMCA and other laws and business practices that are overly protective of copyright severely limit, and in some cases completely prohibit, lawful uses of the digital content consumers purchase.

Open source software is clearly the only alternative. We're creating a commercial world and a free one...we can choose to live in the commercial world, but it's mind-boggling to imagine everything you need to know to beat the big guys in this game. Maybe all that video game experience will come in handy. Constant defeat that leads to success. If I could make the decision--if the power were in my hands--I would dump the proprietary software in a heartbeat state-wide. Switch to open source using a solution like Linspire and the free software available for schools.

Posted by Miguel Guhlin at | +Del.icio.us |
Categories: MGuhlin.net, OpenLearning