We are seeing serious threats to cultural creativity, innovation and an
erosion of our public rights. In _Darknet; Hollywood's War Against the
Digital Generation_ Lasica documents how conglomerate media companies
respond to new technologies as threats to their business model and how -
behind closed doors and without public discussion - they are locking down
culture way beyond what copyright law ever intended. This is not a
black-and-white case of "piracy" protection. Spyware installation without
our consent is an example of an erosion of our rights.
Originally, Sony led the fight for home taping, because the company was just
selling VCRs. "Today it's harder to think of Sony as an advocate for the
public because their business is so deeply entwined with content" (e.g.
pictures, games). Of course there should be reasonable protection and fair
rewards for copyright holders, but the Digital Millennium Copyright Act
(DMCA) "outlaws legitimate activities that have nothing to do with file
sharing or piracy." I support Lasica's call for "a spirited public debate
on issues of personal media, participatory culture, and intellectual
property" --- he urges (as should we) that Congress redress the balance
between copyright and fair use.
Some of you may have heard me speak recently about how to teach students and
staff about this controversy. I'll reiterate here that school librarians
should learn about these issues themselves (overview here
http://www.darknet.com/2005/05/minibook_chapte.html) so that they can help
students understand and practice "social responsibility."
Debbie Abilock, Editor
Knowledge Quest
http://www.ala.org/aasl/kqweb/
kq@abilock.net
"A wild patience has taken me this far." -- Adrienne Rich
Knowledge Quest is devoted to offering substantive information to assist
building-level library media specialists, supervisors, library educators,
and other decision makers concerned with the development of school library
media programs and services. Articles address the integration of theory and
practice in school librarianship and new developments in education, learning
theory, and relevant disciplines.
-----Original Message-----
From: School Library Media & Network Communications
[mailto:LM_NET@LISTSERV.SYR.EDU] On Behalf Of Mark Williams
Sent: Tuesday, November 22, 2005 3:37 PM
To: LM_NET@LISTSERV.SYR.EDU
Subject: Re: [LM_NET] Sony spyware and copyright
I have to disagree with Shonda here. If Sony's spyware only
installed itself after someone attempted to copy the cd a fourth time
(for example), there might be a case for Sony's side of the
issue. But the spyware installs the first time it is played on a
computer...on ANYONE's computer, regardless of their intent of
use. That means that I, who in no way condones or participates in
copyright violations, have a piece of spyware installed on my
computer without my consent or control. Sony's statement that, in
effect, "I was warned" by the EULA is specious.... the EULA is only
visible after I open the cd and remove the liner booklet; and that
action means that for most retailers, I cannot return the cd for a
refund if I choose not to use the cd. I can only get a replacement
copy of the same disc (and therefore the same problem). Sony's
statement that the software can be removed is disingenuous at
best. The process of removal is anything but straightforward, and
requires the used to go through many steps over and above the process
of obtaining the removal directions from Sony.
I KNOW that music piracy is a serious problem for the industry; but
loading innocent PC's with burdensome spyware that slows the system
and renders it vulnerable to malicious attack by third parties is not
the way to solve the problem.
At 04:53 AM 11/22/2005, you wrote:
>I just had to laugh when I heard about the Sony Spyware / copyright
>situation (DRM software being installed on the Sony music
>CDs). While I understand how problematic it would be to have the
>spyware downloaded onto a computer system to slow it down and
>eventually stop the entire system of those who copy CDs over and
>over (for whatever purpose)....I laughed because I thought it was a
>great idea of Sony's to "stick it" to those who continue to violate
>copyright and download music for re-distribution to others.
Mark Williams
Consulting Librarian
Professional Services for Conferences, Districts, Workshops
markwilliams@makaw.net
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