MESSAGE
DATE | 2017-11-14 |
FROM | Ruben Safir
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SUBJECT | Re: [Hangout - NYLXS] You can now register as a DMCA agent without
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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 > > -- > * Follow us at . > * Subscribe to our RSS feeds at . > * Join us as an associate member at . > > Sent from the Free Software Foundation, > > 51 Franklin St, Fifth Floor > Boston, Massachusetts 02110-1335 > UNITED STATES > > > You can unsubscribe from this mailing list by visiting > > https://my.fsf.org/civicrm/mailing/unsubscribe?reset=1&jid=155041&qid=29433538&h=3f4be3bf66dfc27e. > > To stop all email from the Free Software Foundation, including Defective by Design, > and the Free Software Supporter newsletter, visit > > https://my.fsf.org/civicrm/mailing/optout?reset=1&jid=155041&qid=29433538&h=3f4be3bf66dfc27e.
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