interweb freedom

(formerly Stop Usage Based Billing)

Posts Tagged ‘DRM’

Copyright Modernization Act: Bill C-32

Posted by Laurel L. Russwurm on June 2, 2010

No Usage Based BillingBill C-32 has been “tabled”, or introduced into the legislature. Now it will go through the process of becoming law.

Canadian DMCA graphic by laurelrusswurm

Or Not. Hopefully not.

As expected, Bill C-32 appears to grant Canadians the ability to make personal use copies of their own property. And surprisingly fair dealing has been expanded.

The irony of course is that the law is not about modernizing copyright at all, it is about turning back the hands of time to protect the outdated but oh so profitable business models beloved of the large American Media corporations. I have to ask myself why our government would pander to them when this course of action is clearly in opposition to what Canadians want.

Canadian Copyright

The problem is that the law does the worst possible thing: it allows digital locks explicit supremacy. Which means DRM over rides everything else. Because if passed, this law will make it illegal to circumvent DRM. Even though the law gives you the right to make a personal use back up of a movie or a game that you have legally purchased, you won’t legally be able to do so if there is DRM. If your digital media is something that is in the public domain (meaning IP that pre-dates Mickey Mouse, or alternatively IP that has been licensed directly into the public domain) you still will not be able to legally make copies if either the device or the media have DRM on it.

Here are some links to articles that are covering this issue. If an politicians are reading, I’d encourage them to read the comments on the articles more than the articles themselves to get an idea of how Canadians feel about this.

This negates the “gift” of being allowed to copy or format shift our own legally purchased property.
NOcdnDMCA
Personally I think Professor Geist is rather too optimistic, but as always he makes available a good translation of the legalese that will be used to choke Canada. The Canadian Copyright Bill: Flawed But Fixable

Michael Geist: An Unofficial User Guide to This Afternoon’s Copyright Bill

cbc online: Conservatives seek support on copyright

boingboing: Canada’s DMCA was designed to “satisfy US demand”

Search Engine with Jesse Brown: Audio Podcast #43: So Bored of Copyright

Michael Geist: “We Don’t Care What You Do, As Long as the U.S. Is Satisfied”

Michael Geist: DMCA-Style Reforms: “Not a Reasonable Policy To Foster Innovation or Respect for Copyright”

Canadians need to complain. Not to the Conservatives; their agenda is clear.
(And in fact Mr. Moore’s admonition to wait for the copyright bill before mobilizing against it has in fact proved to be disingenuous.)

Canadians need to start talking to the other political parties. A list of likelt letter recipients and addresses can be found at the bottom of Canada don’t need no stinkin’ DMCA (or DCMA)


[P.S.: One of the byproducts of laws like this one that have been playing out in the UK (Digital Economy Act) and the USA (DMCA) has been the rampant often specious lawsuits which often have no merit, but can be very profitable when used to extort people into settling them from fear. We can assume that this is one of the things Canadian will have to look forward to as well.

Which is why I wanted to include this link The RIAA? Amateurs. Here's how you sue 14,000+ P2P users just in from my friend Haris
Thanks Haris!]

Fun. Wow.



If you haven’t already, sign the petition. There are only 10836 signatures.

If you have already signed, who else should you be asking to sign?

That’s easy: anyone who uses the Internet.

Because Usage Based Billing will harm both Canadians and our Economy.

http://dissolvethecrtc.ca/

STOP Usage Based Billing

STOP Usage Based Billing



Posted in Changing the World | Tagged: , , , , , , , , , , , , | 5 Comments »

DAY against DRM: Video

Posted by Laurel L. Russwurm on May 4, 2010

[Note: The subject is Video... sorry, it just occurred to me that folks may come her looking to see video rather than discuss it.]

May 4 - day against DRMTuesday May 4th has been designated the Day Against DRM by the Free Software Foundation.

“Today is about taking time out of your usual routine to speak out in favor of a DRM-free society. We do not have to accept a future where our interactions with computers and published works are monitored and controlled by corporations or governments.”

Defective By Design: Day Against DRM

Most people don’t know what DRM is, even if they’ve heard of it. Yet it is becoming an ever more prevalent component in our electronics, which are in turn becoming ever more prevalent in our lives.

DRM stands for digital rights management.

“Digital rights management (DRM) is a generic term for access control technologies that can be used by hardware manufacturers, publishers, copyright holders and individuals to impose limitations on the usage of digital content and devices. The term is used to describe any technology that inhibits uses of digital content not desired or intended by the content provider. The term does not generally refer to other forms of copy protection which can be circumvented without modifying the file or device, such as serial numbers or keyfiles. It can also refer to restrictions associated with specific instances of digital works or devices. Digital rights management is used by companies such as Sony, Apple Inc., Microsoft, AOL and the BBC.

The use of digital rights management is controversial. Proponents argue it is needed by copyright holders to prevent unauthorized duplication of their work, either to maintain artistic integrity[1] or to ensure continued revenue streams.[2] Some opponents, such as the Free Software Foundation, maintain that the use of the word “rights” is misleading and suggest that people instead use the term digital restrictions management. Their position is essentially that copyright holders are restricting the use of material in ways that are beyond the scope of existing copyright laws, and should not be covered by future laws.[3] The Electronic Frontier Foundation, and other opponents, also consider DRM systems to be anti-competitive practices.[4]”

Wikipedia

Boy sits in a tree reading.

I don’t have (and won’t have) a Kindle, for many reasons, but the Kindle provided one of the most ironic DRM stories. In the mistaken belief that George Orwell’s masterwork 1984 was in the public domain, Amazon released it as a Kindle book. Many people bought it. As it turned out, the book wasn’t in the public domain, so Amazon utilized their ability to access the Kindles of the people who had “purchased” the ebook and summarily removed them. People who hadn’t finished reading their copy suddenly no longer had one. People who had utilized the Kindle’s annotation feature lost their annotations with the ebook. Amazon did reimburse their customers. It was after all an honest mistake on their part; they had not known the book was not really in the public domain. But what this episode clearly illustrates is that the Kindle that people pay hundreds of dollars for, as well as the ebooks that they purchase from Amazon, are not under their own control.

If you were one of these customers who purchased the Kindle ebook reader and ebook, Amazon utilized their DRM capability to reach inside your Kindle and take back the ebook you had purchased in good faith.

ownership

Clearly, there is a failure to communicate. When we buy something, we believe we own it. The person or company we paid should no longer have any right to the product. They certainly should not have the right to come into our homes and take back the product we have purchased.

But DRM exists to allow the seller to control the product, and how we use the product, even after we have paid for it.

No one actually comes out and tells us in the store that we are buying goods that have been deliberately crippled with DRM.

If they did, customers might not buy them. But there is no ambiguity with retailers– they tell us they are selling us things, and we believe we are buying them.

But apparently the concepts of property ownership that have been prevalent in our society for centuries have suddenly changed. Yet people, customers, consumers have not been told about this. But we need to know about it. We need to understand it. And we need to give our informed consent.

But manufacturers, retailers and governments are not discussing it with us.

Over the past decade or so, instead of explaining to consumers that the rules of buying and selling have changed manufacturers have just been quietly putting DRM on products that we purchase. It is easier for them to cripple the technology than try to explain that they’ve changed the rules. After all, if customers know that the rules have changed, the very natural question is: what do we get out of it? The unfortunate answer to that is “shafted”.

video DRM

The first time I heard about DRM, it wasn’t called DRM, it was called “copy protection”. I heard that the Disney corporation had developed a method of preventing customers from copying the pre-recorded Disney video tapes. At the time, video was state of the art, and no one else was copy protecting movies. As near as I can figure it, the process made the signal of the video tapes too weak to copy well. There is just enough power to play on a television, but the signal strength was too weak to make copying possible. This copy protection was ostensibly to prevent bootlegging. The funny thing is, it didn’t. Although consumers are prevented from making a back-up copy of the movie they purchased, bootleggers always have state of the art equipment to get around DRM.

The speech balloon I added to Sita says "No DRM for Me" - Sita created by Nina Paley.

Click for larger image which can be printed as a 4×6 Day Against DRM mini-poster.

Although I never tried dubbing any of the Disney movies that I bought for my family, I came to this realization that this is roughly how VHS copy protection DRM works when I started copying my home movie video tapes onto DVDs on a VHS to DVD burner. If there are glitches in the video signal, or dropout, or “snow”, when I am copying video tapes the recording abruptly ends, the machine stops dubbing and notifies me that I do not have the right to copy this material. This is particularly infuriating because I certainly do have the right to copy my own home movies I have made onto my own DVDs.

computer DRM

My sister had a similar problem with her first VISTA computer. It would not allow her to copy photographs she’d taken of her own family onto her own computer, because VISTA believed she was infringing copyright.

DVD DRM

When video tape first came out, North American video tapes were recorded in NTSC and European tapes were recorded in PAL. This was a way to address the physical problem of different television technology. This was necessary because broadcast signal and the scan lines in television sets varied. Because we were already used to the fact that videotapes were different in different regions, I know I never questioned the idea that there would be region restrictions for DVDs.

But I’ve since learned that there is no physical reason for DVDs to have regional restrictions. This is another form of DRM. If I live in Canada, and purchase hundreds of DVDs, then move to Sweden, all of my DVDs would be worthless. So I would have to purchase them all over again.

cel phone DRM

We bought a set of family cel phones, but although the phones had many really great capabilities, they had been locked down and crippled, so that the customer was forced to do everything through the retailer’s website (very expensive). We returned them and went with a different company.

There are more DRMed products every day. Consumers must begin to tell manufacturers and governments “No DRM.”

Sita Sings the Blues: No DRM

cover art for SITA SINGS THE BLUES dvd

Filmmaker Nina Paley made a wonderful animated film using very old sound recordings that were clearly in the public domain. But big media “copyright reforms” have changed things so radically –by retroactively extending the copyright term which should have ended and placed the recordings in the public domain in the 1980′s– that somebody owns the particular rights – “synch rights” — which you need when using recorded music in a film. “

The long and the short of it is that Nina Paley would have to pay had to pay gigantic sums of money in order to acquire these rights and release her film. Another alternative would be have been to throw out the film (a couple of years worth of classical animation). She instead decided to:

“pay $50,000 in license fees and another $20,000 in legal costs to make it so. That is why I am in debt. …

“Having paid these extortionate fees, I could have gone with conventional distribution, and was invited to. I chose to free the film because I could see that would be most beneficial to me, my film, and culture at large. A CC-SA license does not absolve a creator of compliance with copyright law. The law could have sent me to prison for non-commercial copyright infringement. I was forced to borrow $70,000 to decriminalize my film, regardless of how I chose to release it.

—Nina Paley, CORRECTION


chose the radical course of releasing her film under a creative commons license.

You can download the movie for free on Nina’s website: Sita Sings the Blues

You can learn more about the distribution at the Question Copyright “Sita Sings the Blues” Distribution Project

Just recently Nina Paley was offered an opportunity to distribute Sita on the American streaming site Netflix, who refused to run her film without their standard DRM. You can read all about it on Nina’s blog Although the money would have been helpful in paying off the film’s outstanding debt, Nina Paley turned Netflix down for ethical reasons.

Nina Paley believes that strongly that DRM is bad.


image credit: “No DRM for Me!” is a remix of part of this image from Nina Paley’s wonderful animated film “Sita Sings the Blues”.

A higher resolution version of this re:mix 4×6 mini-poster is available here: http://russwurm.org/bulletin/images/NOdrmFORme.jpg


For more links about Day Against DRM blogs posts and activities from all over the world, visit http://groups.fsf.org/wiki/Group:Day_Against_DRM_2010

Posted in Changing the World | Tagged: , , , , , , , , , , , , | 5 Comments »

DRM is BAD

Posted by Laurel L. Russwurm on December 22, 2009

It’s awfully close to Christmas but today Michael Geist’s blog looked at Mihály Ficsor’s writings in praise of DRM and anti-circumvention laws. It occurred to me that this season of consumption would be an excellent time to look at DRM from a consumer’s point of view.

After all, most of us don’t even realize that DRM is a deliberate crippling of the products we pay good money to buy.

NoUBBDRM or “Digital Rights Management” describes a variety of methods used to physically limit the way a purchaser may use a product they have purchased. In this way the manufacturer continues to control the product after they have been paid for it. DRM can be applied to many different things. Possibly the most common application for DRM is for DVDs and DVD players. DVDS have DRM coded in to limit what machine it can be played in. Manufacturers have established “Country Codes” so that a DVD manufactured in England can’t be played in Canada.

DVD region code map

Wikipedia DVD Region Code map by Luxo

DVD DRM was accepted by consumers without question because we were used having a similar problem with video tape. Most people still don’t realize that DRM crippling of the things we purchase is done deliberately. Who could imagine that governments would allow manufacturers to deliberately build in defects to the products that they then sell to citizens.

natural limits on video tape

Because of different levels of technology in different parts of the world, there were different formats for video tape. This meant that an NTSC video tape would play in North American VCRs on North American television sets, but if you mailed the same tape to your cousin in the Netherlands she wouldn’t be able to play it because her VCR and television would only play the PAL format. If you wanted to send your home movies abroad you could go to a professional facility and have them converted. Quite expensive, but worth it if you wanted to keep up with geographically distant relatives.

The Internet and improving technology breaks down geographical barriers. DRM deliberately replaces them.

unnatural limits placed on DVDs

This was not the case for DVDs. There was no limiting factor on DVDs. DVD’s can happily play on any DVD player anywhere in the world… or they could were it not for DRM. Because the “country code” on a DVD is an artificial restriction, deliberately achieved through deployment of DRM.

DVDs I can’t buy because of DRM

BBC’s MY FAMILY stars Zoë Wanamaker and Robert Lindsay

About a decade ago I became addicted to a wonderful BBC sitcom called My Family that the Family Channel was airing very late at night (which was good since I certainly didn’t want my innocent child watching it back then). This is a screamingly funny TV series about the breathtakingly dysfunctional Harper family. In North America, only the first few seasons are available on DVD, and the North American distributor apparently has no intention of releasing the later seasons on DVD here.

There is no real reason why I should not be able to purchase the later seasons on DVD because BBC offers them for sale in the UK. But the country code DRM prevents me from buying them without moving to region 2.

This limits consumers to only buying DVDs that are made for our region. As well as causing artificial barriers to customers wanting to buy goods that should be available, it means that BBC is not making the money that they could be making if they could simply ship DVDs direct to those of us who want to purchase them.

I’ve also accidentally purchased a Region 2 DVD. “An Ideal Husband” was a film I very much wanted to see, so I bought it from an Amazon vendor. Imagine my surprise when I couldn’t play it. I had assumed that since the vendor was American it would be a region 1 DVD. Fortunately they gave me a refund. How many other wrong region DVDs get thrown out because they won’t play. It would be different if it wasn’t a deliberate crippling of the product.

scanner DRM

EPSON Perfection V500

EPSON Perfection V500

Because I scan a lot of photographs and negatives, I bought a top of the line flat bed scanner, an Epson Perfection V500 Photo to be exact. My brother the professional artist was aghast that I would spend three times as much as he did for my scanner. But when I am scanning it’s a lot, so the faster speed this one offered made a lot of sense.

There are things that really annoy me though. I use the “professional” interface to scan so I have the most control allowed. Yet every time I want to scan at a very high DPI (necessary for enlargements and high quality photo restoration) I get asked if I really want to do this along with a warning that it will take a long time. I KNOW it will take a long time. Presumably a professional (anyone using the “professional” settings) should know this also. There is no reason I need this warning every time, it slows the process down. Why is this non-sentient bit of hardware presuming to dictate to me? I don’t know if that’s DRM or if it is just annoying.

There is for sure some DRM built into the thing. I was disgusted when the scanner’s DRM kicked in and prevented me from scanning Canadian currency. No, I’m not a Counterfeiter, I’m a blogger. I already knew that it is perfectly legal for Canadians to scan money so long as you follow the rules.

“Reproducing anything in the likeness of a current bank note is an offence under the Criminal Code
Section 457 of the Criminal Code provides that anyone one who makes, publishes, prints, executes, issues, distributes or circulates, including by electronic or computer-assisted means, anything in the likeness of a current bank note is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term not exceeding six months and a maximum fine of $2,000.

No one shall be convicted of the above offence if the likeness of the Canadian bank note is

1. printed;
2. less than 3/4 or greater than 1 1/2 times the length or width of the bank note; and
3. in black and white or only one-sided.

No one shall be convicted of the above offence if the likeness was produced with the permission of the Bank. ”

Bank of Canada: Bank Notes

HP computer photo quality  printer

HP D7160

My scanner warns me that scanning money may be illegal, and takes me to a website that tells what the scanning laws are for all the countries around the word. And following through to the Canada part it confirmed what I knew: my scanning activities are legal. BUT. The scanner STILL wouldn’t let me scan money.

Obviously the DRM is preventing me from using the scanner to scan material I am legally entitled to scan. For the integral image I needed for my blog post I had to get the image somewhere else. That is ridiculous. This is like a hammer telling me I am not allowed to drive that nail. It is surely the last time I’ll buy an Epson scanner.

printer DRM

There is DRM built in to my beautiful printer and/or ink cartridges. It makes beautiful images but the cartridges say that they are empty after they have printed a set number of pages, not because they are empty but because they are programmed to be empty.

Even more fiendishly clever, the ink cartridges won’t print after a pre-programmed date, even if the ink is still fine. So be careful about buying large stocks of discounted cartridges.

Use the Kindle keyboard to add annotations to text

When you consider that ink jet printer ink is the most expensive liquid in the world you can get an idea of the problem. Because of the DRM not only can I not use ink that won’t come out, I can’t refill the cartridges either. The printer prints beautifully, but it would be less expensive for me to go out to a copy shop to have prints made. Last time I buy an HP printer.

ebook DRM

The most famous case of DRM though was Amazon Kindle‘s withdrawal of the ebook “1984”. People had purchased electronic copies, but it turned out that there was a copyright challenge and the book consumers had purchased was deleted from their Kindle ebook reader the next time the Kindle phoned home.

I don’t know if this is true or an urban legend, but I had heard that a PHD candidate had made great use of the annotation feature for their doctoral dissertation on 1984, and when the ebook was deleted, so were the notes.

video editing DRM

I have bought two different video editing software packages to be able to edit home movies. Since DVDs are so cheap it should be a wonderful and inexpensive way for families to distribute home movies. Unfortunately, although I loved the intuitive interface provided by the first software package I bought I could not successfully burn my home movie to DVD. Which is why I bought a second software package. It’s interface is less intuitive but it does other things better. Yet it too has a hard time burning a DVD. When you want to give home movies to geriatric family members you want them to be able to put it in the DVD player and just be able to play it. However my home movies only play in some DVD players. I am convinced that this is a DRM issue.

I also have a VHS-DVD recorder so I could transfer home movies from VHS and video cam. Unfortunately, when the VHS image breaks up, my recorder tells me that I am infringing copyright and shuts off. I’m not quite sure whose copyright my family visit to Niagara Falls infringes on… I’d have thought that since it was my camera, and *my* family, it was my own copyright. Funny, the VHS-DVD recorder cost about five times what buying a VHS and a DVD recorder would have cost. I bought it for convenience of transferring my home movies, but it would have been better to have bought better quality units and cabled them together. I realize that Big Copyright doesn’t put a high dollar value on my home movies, but let me tell you, to me they have far more value than anything Hollywood has produced.

picture of a forest

DRM is bad for Nature

DRM and the environment

As an environmentally aware citizen I am horrified at how much material is being consigned to our garbage dumps due to DRM.

DRM and consumers

When consumers buy goods we expect them to work. DRM allows manufacturers to deliberately cripple the machines and media we buy and prevent us from having them work the way that they should. The justification for this is that we are going to behave criminally if these controls are not put in place. Further, laws like ACTA and the EU agreement strive to make it illegal to circumvent the DRM.

That is wrong.

On the assumption that consumers are going to steal from them, the products we are purchase in good faith are deliberately crippled. From a consumer’s point of view, it certainly looks as though manufacturers are committing fraud against me on the assumption that I am a criminal.

That is wrong.

STOP Usage Based Billing

Posted in Changing the World | Tagged: , , , , , , , , , , , , , , , , , , , , , , , , , , | 11 Comments »

D: BitTorrent

Posted by Laurel L. Russwurm on November 24, 2009

No Usage Based Billing
No Usage Based Billing

[The First Part of this series was <<A: Open Source. The second installment of the Stop Usage Based Billing alphabet series was <<B: Packets and the Internet. The third installment was <a href="<<C: Deep Packet Inspection, and the final installment will be E: Open Source Deep Packet Inspection]

What is BitTorrent Anyway??

“BitTorrent is a peer-to-peer file sharing protocol used for distributing large amounts of data. BitTorrent is one of the most common protocols for transferring large files, and it has been estimated that it accounts for approximately 27-55% of all Internet traffic (depending on geographical location) as of February 2009.”

Wikipedia on BitTorrent

BitTorrent is an extremely fast and efficient means of uploading and downloading. BitTorrent is an excellent way to distribute large materials to many people via the internet.

Radical Ideas

Like so many of the radical new ways to do things that technology and the internet have made possible, BitTorrent can only work through co-operation. BitTorrent requires a network of “peers”, or other people’s computers who are willing to share the file. This is referred to as “peer to peer” or “p2p.

If I have a large file I want to transfer, the first step is to “seed” the file, transferring portions of the file to multiple members of the p2p network.

BitTorrent begins seeding portions of the file for transfer

Diagram 1: Seeding

It only takes a small fraction of the file to be passed along before the process speeds up enormously.

Seeding continues, but peers have begun exchanging data

Diagram 2: Seeding and Sharing

Once I have a small portion, i pass it along at the same time as I’m receiving new bits of the same file, either from the original seed source of another peer.

uploading and downloading

Diagram 3: Upload + Download = Speed

With many participants (peers) uploading and downloading at the same time, large files can be distributed very quickly indeed.

Diagram 4: Finish Fast

Bell Canada “Throttles” BitTorrent

Bell Canada

When Bell Canada was first caught “throttling” internet traffic to the Independent ISP customers, Bell Canada’s justification to the CRTC was that the internet was too crowded, and that it was necessary to “manage” the traffic. Bell claimed that they needed to employ Deep Packet Inspection to identify BitTorrent Traffic so that they can “throttle” it.

Mandate:
“The CRTC’s mandate is to ensure that both the broadcasting and telecommunications systems serve the Canadian public. ”

CRTC Role, CRTC Website

Amazingly, the CRTC had nothing to say about Bell Canada’s plans to discriminate against particular Canadian internet users.

The CRTC has accepted Bell’s unsubstantiated contention that this discrimination was necessary, and in approving it they have allowed Bell Canada to think that this discrimination is acceptable. In no way does this serve the Canadian public.

You might almost think that the CRTC mandate was to suppress Canadian creativity and the creation of Canadian movies and music. The availability of the technologies that exist to make it easy to create our own movies and music should be welcomed as an opportunity to add to and help grow our Canadian Culture.

Why single out BitTorrent traffic for throttling if it is an efficient use of the available bandwidth?

One of Bell Canada’s arguments for implementation of Usage Based Billing is that Canadian internet bandwidth is in short supply, making it necessary for them to “manage” bandwidth by penalizing heavy users.

So how could anything as efficient as BitTorrent possibly be seen as a bad thing if the Internet is so crowded?

It doesn’t make sense to discriminate against BitTorrent use. There is nothing inherently bad about BitTorrent use or BitTorrent internet traffic. But Bell Canada’s contention is that BitTorrent is bad because people use it to download movies and music.

Which begs the question: how does that make BitTorrent bad?

The Copyright Red Herring

The “Copyright Lobby”, which consists of large media producers and distributors (like Disney), and corporations and organizations (like MPAA), who distribute commercial movies and music, want us to believe that this is a bad thing.

This corporate special interest group has spent a great deal of time, energy and cash trying to promote the “pravda” that any digital copying of copyright works is bad. Making no distinction between commercial bootleggers who distribute illegal copies for profit and legal purchasers who seek to make a back-up copy or digital format shift for personal use, the Copyright Lobby has been pressuring governments the world over to criminalize personal use copying.

The problem for ordinary citizens is that these corporate interests have vast quantities of money to spend and a great deal of media power. This makes it incredibly difficult for governments to stand up to their onslaught. In some parts of the world this persistent advocacy has paid off for the Copyright Lobby, as lawmakers knuckle under and legislate to the detriment of their own citizens by making it illegal even to copy or download movies or music for personal use.

Here in Canada the Copyright Lobby is seeking to influence our lawmakers to criminalize personal use copying. They are trying to make Canadians think that people who make copies for personal use are performing criminal acts, and should be penalized the same as a a bootlegger who films the latest theatrical release off a theatre screen and proceeds to sell hundreds of thousands of bootleg DVDs.

Once again, Channel Four’s hilarious I.T. Crowd puts this question in perspective with this send-up of a video piracy commercial I found on YouTube.

Strong and free?

Strong and free?

Canadian Law says

RIGHT NOW, in Canada, personal use copying is simply not illegal.

RIGHT NOW, in Canada, use of the BitTorrent file transfer protocol is also perfectly legal.

RIGHT NOW, in Canada, peer to peer (p2p) file sharing is legal; Canadians break no laws simply by joining in a p2p network.

The Copyright Lobby’s smear tactics have gone a long way toward making the world believe that BitTorrent is inherently bad.

Bell Canada has convinced the CRTC that it is acceptable to “throttle” BitTorrent, because of BitTorrent’s reputed connection with possible copyright infringement. So although BitTorrent is perfectly legal, Canadian internet users are paying the price for the success of this Copyright Lobby propaganda.

Myth: All BitTorrent/p2p internet traffic consists of copyright movies and music

The Corporate world doesn’t understand radical ideas like Open Source software and p2p file sharing because these concepts are so different from anything appearing in the old business models. Even more incomprehensible to the outdated business models is the fact that it may or may not generate a direct monetary profit.

International Business Machines

The classic example of corporate myopia is:

“I think there is a world market for maybe five computers. ”

—attributed to Thomas J. Watson, president of International Business Machines, circa 1943

IBM For many years IBM has taken the rap for this quote whether or not Mr. Watson really did say it. (Most likely not.) Maybe proving it wrong is part of why IBM is such a going concern in the 21st Century. Having weathered the storms of fortune today’s IBM is a world leader by continuing to innovate and adapt alongside evolving attitudes and technologies. IBM has been steadily increasing their participation and involvement with Open Source software in this new century.

The reality is that IBM not only understands the importance of open source, the corporation has actively supported and promoted adoption of Linux and Open Office in the corporate world. And naturally BitTorrent is a part of the equation because it is such an efficient means to distribute large files (like for instance, Canonical’s Ubuntu.)

“Think.”

—Thomas J. Watson, president of International Business Machines

Seems IBM actually does heed their most enduring slogan (which definitely was coined by Mr. Watson). Sadly, this type of foresight is uncommon. Because BitTorrent is such a radical idea, most entrenched corporations simply aren’t capable of understanding it.

There are other uses for BitTorrent that are not only legal, but even perfectly acceptable in polite society.

The Nightingale and the Rose
Probably my favorite use of BitTorrent is the amazing Project Gutenberg. This organization has been digitizing books in the public domain and distributing them freely… via BitTorrent, since this is such an efficient method of digital distribution. After all, BitTorrent is used for transferring very large files like music and movies because it is very efficient.
firefox logo

BitTorrent file sharing is not all movies and music. Like IBM, many people actually use p2p to help distribute open source software like OpenOffice via p2p. There is a growing body of open source software available, for instance my favorite web browser is Mozilla’s Firefox.

In fact, there the awesome SourceForge website which provides a place to find all manner of open source software, or where you can release your own.

When a new distribution of Ubuntu is released, people around the world gather together and have Ubuntu Release Parties making more good use of BitTorrent

And of course the Pirate Party of Canada has established Captain: the Canadian Pirate Tracker, their own BitTorrent site where Recording Artists and Filmmakers (and I imagine novelists, and software creators as well would be welcome to utilize this) to freely distribute their work.

Every bit of music and every movie transferred is not a copyright infringement. If I get to the point where my home made movies may prove marketable, I would certainly be looking at BitTorrent Distribution. In fact it would probably be easier to distribute home movies to family via BitTorrent than it would be to try to burn DVDs. (DRM makes the two commercial movie making software packages I’ve purchased almost unusable. Of course it doesn’t slow down the bootleggers.) If YouTube is an indicator, I’m not the only person who wants to transfer music and movies freely … not as copyright infringements. I have paid levies to the music industry for home movies I have made and burrned to CD for distribution to friends and family. If I choose to transfer them via BitTorrent now I can avoid the levy but instead suffer the added expense of Bell Canada’s deliberate throttling inflation?

Another really good legal use of BitTorrents are the actual commercial websites where people can go to to purchase downloads of music. So far no one seems to have found anything wrong with this practice.

But that’s not all. Canada’s own CBC Television Network tried their own experiment by releasing an episode of their program Canada’s Next Great Prime Minister via BitTorrent. Unfortunately the BitTorrent didn’t work so well because of Bell Canada’s CRTC approved BitTorrent “throttling”.

Geist tweets about the Norwegian Broadcasting Corporation

Which is not to say it wasn’t a good idea. Not too long ago Michael Geist tweeted about the Norwegian Broadcasting Corporation‘s foray into BitTorrent use. All accounts indicate that their experiment was very successful indeed, which is having a big impact in the way they do business.

Ink Poster

The sad tale of a pirated Independent film can be found in this TorrentFreak article Indie Movie Explodes on BitTorrent, Makers Bless Piracy.

I guess it isn’t such a sad story after all.  

Thanks to piracy this Indie film called INK was has been achieving a distribution level that the filmmakers had never dreamed of.  They are of course extraordinarily pleased.

I think what is being called piracy here is BitTorrent p2p personal use sharing. Friends sharing with friends is one of the most effective ways to achieve recognition. They used to call it a “grass roots” movement. This is one of the major issues for the large movie studios. This is the place where they complain of being ripped off. What they don’t seem to realize is that this is a good thing. Exposure garners fans, makes a “name”. Fans buy stuff.

BitTorrent Traffic is not the only thing Bell Canada is Throttling

keys
Rumour has it that there are people who actually work from home.

Time was the government encouraged the idea of people working from home. There are all sorts of advantages to society, like reduced congestion on actual highways, less wear and tear on our roads, a decrease in commuting based pollutants in our environment, a reduction of human depletion of fossil fuels.

But if you work from home, you are probably going to have to transfer files back and forth between your home and workplace. Chances are good that you are going to encrypt this type of traffic for security reasons. Although Bell Canada says they are only “throttling” BitTorrent traffic, in fact there have been instances of Bell throttling encrypted internet traffic on the assumption that if it’s encrypted, it must be BitTorrent traffic.

Bell places the onus on the customer to prove their “innocence” before they will consider stopping throttling.

Since the CRTC gave Bell Canada permission to use Deep Packet Inspection to inspect our packets, the only way to ensure that our private information remains private is through encryption. And in Canada any encrypted internet traffic will most likely to be throttled.

Canadian Copyright Consultation

The Canadian Government is looking at updating Canadian copyright law. They held a copyright consultation process this year, traveling around Canada soliciting opinions of stakeholders. Even better, they set up a website where they accepted submissions from any Canadian who wished to contribute. This website was flooded with thousands of submissions. Some are simply a few lines, some are extensive essays covering all sorts of topics, but all I’ve read are heartfelt. Because of the overwhelming response it took a long time to get all the submissions posted. (My own submission finally made online.)

This process led a lot of Canadians, including me, to believe that the copycon process might actually mean that our elected representatives were listening to us.

Unfortunately there is currently a lot of pressure on our government to make copying movies, software and music for personal use illegal. The secret ACTA meetings have caused a feeling of dread to settle over most Canadians. There has been deprecating talk about weak Canadian copyright law.

Except it isn’t true.canadian copyright

If anything, Canadian copyright law is probably more robust than is good for us.

The essential problem that the copyright lobby is attempting to overcome the problem of suing their own customers for what they imagine are infringements. They have noticed that fighting personal use copying garners bad publicity. This problem can be neatly solved by passing the responsibility for finding and prosecuting copyright infringement to governments. And of course the only was to get government to take ob the responsibility is to convince them that the copyright infringement is a criminal offense.

Regardless, currently copyright law is imprecise as regards personal use copying. So we’ll just have to wait for an actual law to be passed before it becomes illegal. (This pressure is actually largely from foreign owned interests– like Disney. It will be interesting to see if our government caves to this outside pressure.)

mixed messages


The government mandated levy we pay every time we purchase a blank CD is a tacit governmental admission that it is legal to burn CDs of our own music.

In the pre-Tivo era, Canadian cable networks actively encouraged Canadians to videotape the movies that they showed so we could watch them when it was convenient. They called it “time shifting” in their massive advertising campaigns. But no media giants took our cable companies to court back then. For the same reason artists will lend or give away their work for free when they’re starting out (because they need to build and audience– exactly like the INK producers mentioned above), back then even Disney didn’t have a channel in Canada. So Disney didn’t kick up a fuss even though they had to have known this was happening. They let it go because it was in their best interests to allow time shifting (i.e personal use copying). Disney knew this was in their best interests because it would help the Canadian cable companies build their market.

Of course now Disney doesn’t want us to record their movies for personal use. Disney would be happy if our government decided personal use copying was illegal. They would be happier still if our government spent time and energy searching out and charging people who download Disney movies.

Disney would be happy they no longer had to expend time and energy chasing down copyright infringements. They would be ecstatic if our Mounties were to do it for them. Gratis.

But this precedent indicates copying movies for personal use is also legal in Canada

So even though p2p networks or copying movies and music are not actually illegal in Canada, our friends the CRTC gave Bell Canada permission to “throttle” anyone using BitTorrent transfers. Because the assumption is that even if you’re not technically performing criminal acts, per se, anyone who uses BitTorrent can’t be very nice.

The CRTC, the government body that is supposed to safeguard Canadian telecommunication consumers, gave Bell Canada legal permission to mess with BitTorrent traffic. Its discriminatory for one thing. If there are copyright infringements happening, there are laws to handle them. It isn’t any of Bell Canada’s business. Or the CRTC’s.

[More on copyright in my other blog-- in the wind: Personal Use Copying vs. Bootlegging]

Dudley Do-Right?

Eirik Solheim's metaphorical image of the internet is the best I've seen: The internet is a series of tubes

Even if it were true that Canadian consumers were downloading music or movies, and even if it had been made illegal under Canadian Law, it should not make a whit of difference.

Because Internet Service Providers or Internet Carriers are NOT branches of Canadian law enforcement. They have not been deputized to enforce the law by the RCMP. If Bell Canada was in fact a Law Enforcement entity they would not be allowed to peek in any citizen’s packets without first acquiring a search warrant. Corporations don’t exist to uphold laws, they exist to make money.

The internet has been called dumb pipes, or a series of tubes, or a highway. It doesn’t really matter what you call it, what is most important is access for all.  
The people who control the pipes should not be allowed to discriminate against particular users for ANY reason. Net Neutrality is so important: the internet should be accessible to all.

revolutionary ideas

In the United Kingdom The Times Online Do music artists fare better in a world with illegal file-sharing? article looked at the benefits of personal use copying applied as peer to peer file sharing with some dramatic results.

Canada’s own ThisMagazine presented this thought provoking article Pay indie artists and break the music monopoly — Legalize Music Piracy which advocates making the law serve the artists and consumers rather than just the corporations.

Further rumblings about changing the way we look at this issue were reported recently by the The Globe and Mail blogs article NDP, Billy Bragg make case for free music


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STOP Usage Based Billing

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