“There is no monument dedicated to the memory of a committee.”
Lester J. Pourciau
Archives for August 2004
Hatch’s Hit List: 14 – 19
While I don’t have time to comment on these at the moment, I hope that I wil lbe able to offer up my thoughts on future list items, now that I am caught up. I may also swing back and comment upon select Hit List entries if time allows.
- Hatch’s Hit List #14 – Deepnet Explorer
If enough browsers had built-in P2P, then many websites would be able to effectively offload much of their bandwidth needs. Rather than linking to the file with HTTP, they would link to the file with a bandwidth-sharing P2P protocol. Which protocol? Wouldn’t really matter, actually. Heck, maybe the link would be to a hash that the browser would use to launch a search for the appropriate file via several protocols. Makes a lot of sense for certain types of legitimate distribution actually.
- Hatch’s Hit List #15 – Ringtone Remixers
Custom ringtones are very handy for distinguishing your phone (and yourself) from the crowd, as this (SSEYO Ringtone Remixer with DJ Spuddy) ringtone remixing website notes:
Anyone can create a ringtone remix of a popular track with just a few mouse clicks! Select the ringtone you want, make and preview your remix, and then send your handywork to your mobile phone. Easy, and cool.
Well, that sounds like a derivative work to me. The intent is also extremely clear from the reference to a “popular” track. Clearly, a codeword for a copyrighted track.
- Hatch’s Hit List #16 – The New York Times
Yesterday, the New York Times published an article in their Circuits section that painted a romantic picture of copyright infringers who violate the public perfomance right for films (Now Playing, a Digital Brigadoon). The article was about “guerilla drive-in” theater, in which copyright pirates go to public spaces (sometimes trespassing) and project films so that anyone can watch them. Rather than condemning the copyright thieves for what they were, the article seemed favorably inclined to what they were doing. It called them “hipsters” and “impresarios” and “movie buffs” when, in fact, they are the enemy of legitimate film.
The article touted the fact that the scoundrels used many devices that should be on Hatch’s Hit List, including one that has already been covered: Hatch’s Hit List #3 – AM/FM Transmitters. The article is practically a “how-to” for piracy.
A reasonable person would realize that reporting about these events will induce some people to participate or even start their own.
- Hatch’s Hit List #17 – Cellphones with Hard Drives
As hard drives (and digital storage in general) get smaller and cheaper (for example, Toshiba Whips Out Tiny Hard Drive, Smacks Apple), undoubtedly we are going to see cellphone storage increase tremendously. Let’s see, a communication device with tons of digital storage? Sounds exactly like something the INDUCE Act would ban. Putting communication and storage together is just asking for trouble if the INDUCE Act passes.
- Hatch’s Hit List #18 – Universal Turing Machine
Turing machines seem pretty simple, so I can’t imagine why someone would need a “universal” one. Why not just build more of the single-purpose Turing machines? The only possible use I can see for a “universal” Turing machine is to copy what another copyrighted Turing machine does. If you give people a Universal Turing Machine, they will inevitably be induced to infringe copyrights with it. Any “reasonable person” can see that UTMs are, in reality, the most perfect copyright infringement devices ever invented.
- Hatch’s Hit List #19 – Battle Torrent
Battle Torrent might be a great idea for letting people publish bulky files and engage in free expression, but that is precisely why the INDUCE Act will have to outlaw it.
Hatch’s Hit List: 9 – 13
Again, I do not have the time to provide commentary on Ernest Miller’s latest additions to Hatch’s Hit List, but I want to ensure you are aware of them:
- Hatch’s Hit List #9 – Darknets
For a number of reasons, some people don’t want to share certain files with the world. They would prefer to have private networks that restrict membership and are cryptographically obscured against prying eyes. For example, some may wish to share home videos solely with family and friends. Or perhaps the darknet can be used for ad hoc business collaboration. There are many, many legitimate uses (otherwise known as “substantial non-infringing” uses) for such darknets. Of course, there are just as many illegitimate uses, such as copyright infringement.
- Hatch’s Hit List #10 – 3D Scanners
Of course, that is the problem with new technology, people don’t see how, in a few years, they might come to be seen as irreplaceable: how did we ever live without it? Not every technology ends up being useful, of course, but plenty of them went through a stage where their ultimate promise wasn’t quite clear…
Sounds pretty good to me. Lots of people are doing animation at home, as well as creating models for 3D game mods. Some of them would likely love to use a consumer 3D scanner to make creating such models easily (think about what you could add to “The Sims”!). And, of course, if you have a 3D Printer as well, watch out – the potential uses are unlimited (Hatch’s Hit List #2 – 3D Printers)!
Who knows what other great uses people may come up with for 3D scanners? Sizing for mail order clothes? It doesn’t really matter, however, because, if the INDUCE Act passes, many of the initial uses are clearly going to involve copyright infringement.
- Hatch’s Hit List #11 – Virtual Jigsaw Puzzles
Who hasn’t put together a jigsaw puzzle at one point or another? Of course, physical puzzle pieces have a tendency to get bent through enthusiasm, or even lost. So why not a virtual puzzle on your PC, where pieces can’t get lost? Alright, so maybe it isn’t as fun, but it sure seems popular given the number of virtual puzzle programs out there.
- Hatch’s Hit List #12 – FreeCache
Basically, the system reduces bandwidth by caching large files nearer the users. Unlike other caches, the various “FreeCaches” distribute information among themselves. This means that bandwidth required for the original site is minimized. This is an excellent means for those without lots of spare bandwidth to distribute larger files.
Of course, if the INDUCE Act as currently written becomes law, lawyers are going to start asking some very disturbing questions regarding why the notorious copyright scofflaws at the Internet Archive developed such a system they knew could be easily abused by infringers. Heck, anyone can come along and make infringing material available via FreeCache.
- Hatch’s Hit List #13 – Disaster Relief Communication Systems
Well, one of the goals of the project is:
Using off-the-shelf hardware and software, including some technology developed in Silicon Valley, the team will install the system under deliberately harsh circumstances. It will be designed to help get crucial information where it’s needed, securely and reliably, but not in a way where it’s subject to central control….From the standpoint of tomorrow’s communications, Strong Angel has enormous potential. If it’s possible to create what amounts to a cheap, ad-hoc, reliable and secure information network under difficult circumstances, human freedom itself could get a boost. Such a system could help bring a freer flow of information to places where dictatorships or lack of a standard infrastructure have kept information in the hands of a few.
Again, sounds good. However, any such system will likely have many copyright infringing possibilities, especially if a cheap and reliable version is made readily available to the public.
A Question Every Representative Should Ask Every Day
Tim Wu, a guest blogger on Lawrence Lessig’s site has posted an interesting entry on the purpose of laws:
>Years ago, when I was a law clerk, I was impressed by how much Judge Posner could accomplish with one simple question. He would ask, “What exactly is the purpose of this law (or proposed rule)?” It was astonishing how often lawyers would stare or gasp, unable to answer this most basic of questions.
>
>I think the least you can ask of government, whatever branch, is that it always have an answer to Posner%u2019s question. When acting on behalf of the public, it ought always have a clear reason for what it is doing, that it can articulate without shame, sloganeering, or reliance on non-existent evidence. Is that too much too ask?
>
>Yet so often Government is failing this simplest of tests. Copyright, our favorite topic, is full of stuff that lacks what lawyers call a rational basis. If you really ask — what does it accomplish to extend copyright on existing works by 20 years? How does that promote the progress of Science? There just isn’t, and wasn’t an answer.
The article goes on to critique the recent terror alert, but to be honest, I think that jump is a bit too far in regards to the topic at hand, so I am only quoting the first part of the entry.
Print Vs. Echo
Danny ‘dynacker’ Lee provides an interesting experiment, measuring the difference in speed between the two commands for sending data to the client in PHP (Web browser, command line, or a file). Check out Print Vs. Echo. Echo, is much faster than print.
Note that this is not a static page, each time you hit it, the page runs the experiment. Pretty damn cool.
Catching up to INDUCE
As I have been slammed with work and personal events, I haven’t kept my site up to date with news of the INDUCE Act. So, here is a quick post of links, likely to be followed by others, to try to atone for my sin:
- A Copyright Fable Relevant to the INDUCE Act (IICA) and Other News – The Importance of…
- Use iPod, go to jail? Keep your eyes on Congress – SiliconValley.com
- The Presidential Election, Copyright, INDUCE Act (IICA) and Tech Policy – The Importance of…
- Higher Education Groups Oppose INDUCE Act (IICA) – The Importance of…
- Industry Alliance Takes Stance on Induce Act – TechNewsWorld
- Fair Use, Normal Use, Competive Use and the INDUCE Act (IICA) – The Importance of…
- Entertainment Atty Rips INDUCE Act (IICA): Not Good For Artists – The Importance of…
- Techies Blast Induce Act – Wired
- Ernest Miller’s Draft Substitute for the INDUCE Act (IICA) v2.0 – The Importance of…
- Sen. Coleman Opposes INDUCE Act (IICA)
- Sen. Hatch’s Shifting Rhetoric in Favor of the INDUCE Act (IICA) – The Importance of…
– The Importance of…