[TriLUG] CDBTPA

[M. Mueller at Signalnetware.com]

Here is my post to the Senate web site on Protecting Creative Works in the 
Digital Age (http://judiciary.senate.gov/special/input_form.cfm)

There were so many great posts.  I felt intimidated to add my comments.  I 
was pushed forward by the thought that large corporations were on the verge 
of yanking yet another rug out from under my feet.  

Mike

The CDBTPA worries me greatly. I will attempt to explain why.

1) CDBTPA is concerned about unauthorized removal of _DO_NOT_COPY_ indicators 
in copywrited material.  I see nothing that will prevent the unauthorized 
inclusion of the indicator. Massive unauthorized inclusion of the indicator 
in a central router could cause information flow to come to a sudden halt 
across the nation.  Once the indicator is "in", then it is illegal to remove 
it.  Imagine those with hostile intent implanting the indicator into files on 
unsecured systems.  The legitimate owners of the files would be breaking the 
law by removing the indicator.

2) I own a legitimate IRS approved S Corporation that writes software for use 
in the telecommunications field.  I rely on open source programs like the 
Linux operating system for software development work and to host applications 
that are driving down the costs of making phone calls for United States 
citizens.  My worry is that CDBTPA will diminish my ability to operate my 
business.  I also see that enterprises outside the US that are unrestricted 
by CDBTPA will simply overtake my position.  While the CDBTPA is good for the 
content industry, it is not so good for my small business.

3) CDBTPA can be violated in so many ways that I would be fearful to write 
software professionally or for my own use.  I would need a lawyer to review 
my code.  What if I wrote code that violated the CDBTPA for my own use.  What 
if then my system was hacked and the code ported and use?  I might be held 
liable.  The only sure defense is to stop writing code once the CDBTPA 
deadlines go into effect.

4) Open source software development is a new and incredible way of making 
valuable things.  CDBTPA might legislate away the ability of Americans to 
participate int this phenomenon.  People are collaborating from all over the 
world to solve problems and do useful work in open source projects. Open 
source projects have created some of the best software ever written.

5) I am also concerned that the cost of enforcing CDBTPA is not borne by 
those with the most to gain from its passage. I am concerned that the content 
industry wants me to pay more for computers that do less so they can open up 
a new distribution channel for movies. Citizens will have to pay more for 
NO-COPY technology and they will have to pay for hunting down and prosecuting 
violators.  How much is all of that going to cost?  Where's the business 
case?  I am happy with computers staying just like they are and not being 
able to download movie for viewing on my computer.  If the media concerns 
cannot cope with digital technology, then they can simply not offer digital 
products.  No one is forcing them to make DVDs or CDs.  Let them go back to 
distributing content through theaters and vinyl records.