MESSAGE
| DATE | 2017-11-14 |
| FROM | Ruben Safir
|
| SUBJECT | Re: [Hangout - NYLXS] You can now register as a DMCA agent without
|
I'm not certain that cooperating with the DMCA in any fashion is a
valuable tactic at this point.
On Mon, Nov 13, 2017 at 10:14:41PM -0500, Donald Robertson, III, FSF wrote:
> Read online:
>
> Dear Ruben Safir,
>
> With the deadline for registering as a DMCA agent looming at the end
> of the year, these two add-ons allow you to register without the use
> of nonfree JavaScript.
>
> Users shouldn't be forced to use nonfree software when interacting
> with their own government. Every user has the right to control their
> own computing, and the government shouldn't force you to download
> and install proprietary software just to take advantage of its
> services. But when it comes to registering as an agent under the
> Digital Millenium Copyright Act (DMCA) in the United States, that's
> exactly what the government expects you to do.
>
> Users are likely familiar with the DMCA's more draconian aspects,
> namely the creation of legal penalties for circumventing [Digital
> Restrictions Management][0]. The Free Software Foundation's Defective
> by Design campaign is [fighting][1] to end that nightmare and repeal
> that part of the law. But like many laws, it's crammed full of a wide
> variety of provisions, the anti-circumvention rules being only one of
> them.
>
> [0]: https://www.defectivebydesign.org/what_is_drm_digital_restrictions_management
> [1]: https://www.defectivebydesign.org/DMCA-exemption-commenting-process-broken
>
> Another piece of the law creates what are known as the safe harbor
> provisions. These rules set out some steps that maintainers of Web
> sites can take to avoid liability when a user of their site uploads
> potentially infringing copyrighted materials. The main provision here
> is that if a copyright holder finds their work on your site without
> their permission, they can submit a take down notice to an agent
> registered for your site. This agent can then remove the work, thus
> avoiding liability for the potentially infringing
> distribution. Without this safe harbor, the site maintainer could
> potentially be sued.
>
> While this safe harbor rule can lead to abuse, with improper take
> downs, it also allows maintainers of Web sites to permit their users
> to share works. If the rule wasn't in place, it would be too dangerous
> to accept such uploads without reviewing each work -- something most
> Web sites can't afford to do. The Free Software Foundation takes
> advantage of the safe harbor provisions to ensure that we can continue
> to share software created and uploaded by free software developers, or
> to share information like that found in the [Free Software
> Directory][2], or to help people organize locally via
> [LibrePlanet.org][3].
>
> [2]: https://directory.fsf.org/
> [3]: https://libreplanet.org/
>
> As mentioned before, though, taking advantage of the safe harbor
> provisions requires having an agent to accept the notices. This is
> where the problem arises. The U.S. Copyright Office is now requiring
> Web site maintainers to re-register using
> by December 31st of
> 2017. This site, [like many others that the Copyright Office requires
> use of][4], is lousy with nonfree [JavaScript][5]. Unlike the server
> software you may interact with when visiting any Web site, JavaScript
> is actually downloaded and run on your machine. Like any proprietary
> software, it does not serve the user, and cannot be trusted. Users
> must avoid nonfree JavaScript just as they would avoid any piece of
> proprietary software. But if they want to continue to enjoy safe
> harbor provisions, they must allow this intrusion onto their computer.
>
> [4]: https://www.defectivebydesign.org/blog/it_isnt_just_dmca_broken_beyond_repair
> [5]: https://www.gnu.org/philosophy/javascript-trap
>
> The Free Software Foundation reached out to the Copyright Office with
> these issues, and we still hope to work out a solution with them for
> the long term. But with the deadline coming up, we had to fix it
> ourselves. We collaborated with a volunteer to develop a workaround
> that allows you to register using only free software. The fix requires
> installing two freely licensed add-ons, [Register DMCA claim contacts
> w/o bad Javascript][6] and [Automatically reveal hidden HTML
> elements][7]. These add-ons, when used with [GNU LibreJS][8], allow
> anyone who needs to register as a DMCA agent to do so without loading
> the harmful nonfree JavaScript.
>
> [6]: https://addons.mozilla.org/en-US/firefox/addon/librejs-compatible-pay-gov/
> [7]: https://addons.mozilla.org/en-US/firefox/addon/submit-me/
> [8]: https://www.gnu.org/software/librejs/
>
> There are still a few quirks that are being hammered out. Currently
> you have to add alternate names by uploading a document rather than
> filling in a text field. The only document type that they will accept
> is Excel, a proprietary format, but users can create documents in that
> format using [LibreOffice][9]. It's not a perfect solution, but it
> does enable users to actually complete the entire registration process
> using only free software. We will also be talking with the Copyright
> Office about supporting better formats. That is one of the beautiful
> things about free software: when people see a problem and have control
> over their own tools, they have the power to come together and make
> things right.
>
> [9]: https://directory.fsf.org/wiki/LibreOffice
>
> Users have a right to control their own computing. Governments
> everywhere should ensure that participating in any program they
> provide does not require the use of nonfree software. But where
> governments are slow to react, we all have to work together to route
> around the threat of proprietary software. Here's what you can do to
> help:
>
> * Spread the word to any Web site maintainers you know that they can
> register using free software.
> * Use the add-ons to register for your own sites, and let us know you
> did by emailing us at .
> * Help improve [GNU LibreJS][8].
> * Support the work of the Free Software Foundation by [donating][10]
> or [becoming a member][11].
>
> [10]: https://www.fsf.org/donate
> [11]: https://www.fsf.org/join
> Sincerely,
> Donald Robertson, III
> Licensing and Compliance Manager
>
> --
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>
> Sent from the Free Software Foundation,
>
> 51 Franklin St, Fifth Floor
> Boston, Massachusetts 02110-1335
> UNITED STATES
>
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