[FCC] Fwd: BREAKING: TPP text leaked

Nate Cardozo nate at eff.org
Thu Oct 15 20:09:00 PDT 2015


Seriously, no. 

Nate Cardozo
Staff Attorney — Electronic Frontier Foundation 
nate at eff.org — +1 415-436-9333

> On Oct 15, 2015, at 8:05 PM, L. D. Pinney <ldpinney at gmail.com> wrote:
> 
> Changes nothing....
> A Judge will decide you were wrong for copying any portion of the firmware and help the US prison population stay soundly in First Place. 
> 
> On Thu, Oct 15, 2015 at 9:56 PM, Nate Cardozo <nate at eff.org> wrote:
>> TPMs in routers would be put in place to keep you from putting *your own* firmware on, not from reading the existing firmware. 
>> 
>> Nate Cardozo
>> Staff Attorney — Electronic Frontier Foundation 
>> nate at eff.org — +1 415-436-9333
>> 
>>> On Oct 15, 2015, at 7:48 PM, L. D. Pinney <ldpinney at gmail.com> wrote:
>>> 
>>> The provision at issue makes it illegal to circumvent: "...technological measures that authors, performers, and producers of phonograms use in connection with the exercise of their rights and that restrict unauthorized acts in respect of their works, performances, and phonograms..." 
>>> 
>>> 
>>> technological measures that authors....use in connection with the exercise of their rights and that restrict unauthorized acts in respect of their works.
>>> 
>>> Could this mean proprietary firmware, software or maybe even drivers not under a "free" license ?  I think so....
>>> 
>>>> On Thu, Oct 15, 2015 at 9:38 PM, Nate Cardozo <nate at eff.org> wrote:
>>>>> On Oct 15, 2015, at 6:53 PM, Christopher Waid <chris at thinkpenguin.com> wrote:
>>>>> 
>>>>>> On 2015-10-15 08:06 PM, Nate Cardozo wrote:
>>>>>> The proposed rule is essentially the same (not exactly, but close) as
>>>>>> current law in the U.S., specifically DMCA section 1201(a). It does
>>>>>> not make it illegal to unlock your device in the abstract, only to
>>>>>> disable locks that control access to copyrighted material. It wouldn't
>>>>>> affect the stuff this particular list is worried about in any concrete
>>>>>> way beyond what's already the law, at least in the US. The sorts of
>>>>>> locks that we're worried about being mandated by FCC aren't DRM in the
>>>>>> copyright sense.
>>>>> 
>>>>> Are you sure that is necessarily the case. Just because a router or wifi device doesn't usually contain copyright material (like that which is intended to protect films or movies) doesn't mean it can't/won't/won't in particular instances. And is the firmware not itself under copyright? What about if a device contained films and video and the device itself was used to prevent access to that material?
>>>>> 
>>>>>> So yeah, horrible, no good, and very bad. But so's the status quo.
>>>>>> The TPP wouldn't affect routers or other wifi hardware.
>>>>> 
>>>>> * I apologize for not having read really anything at all about this yet. Just seems too easy to write it off as someone else's problem.
>>>> 
>>>> The provision at issue makes it illegal to circumvent: "...technological measures that authors, performers, and producers of phonograms use in connection with the exercise of their rights and that restrict unauthorized acts in respect of their works, performances, and phonograms..." 
>>>> 
>>>> 
>>>> 
>>>> That's not what the firmware locks we're worried about are for. At all. 
>>>> 
>>>> 
>>>> Nate Cardozo
>>>> Staff Attorney — Electronic Frontier Foundation 
>>>> nate at eff.org — +1 415-436-9333
>>>>> 
>>>>> 
>>>>>> Opposing TPP is critical for a number of other reasons however:
>>>>>> https://www.eff.org/deeplinks/2015/10/final-leaked-tpp-text-all-we-feared
>>>>>> [11]
>>>>>> Nate Cardozo | Staff Attorney
>>>>>> Electronic Frontier Foundation | https://eff.org [10]
>>>>>> nate at eff.org | +1 415.436.9333 x146
>>>>>> 783A 8CC4 166D 1768 4E8E DAFD 2D76 4786 4AE6 3181
>>>>>>> On 10/15/15 11:49 AM, danarauz at gmail.com wrote:
>>>>>>> Hello All,
>>>>>>> Below a forward email I received today from Fight for the Future in
>>>>>>> case you interested on reading it; or at least please notice this
>>>>>>> item:
>>>>>>> "MAKE IT ILLEGAL TO UNLOCK, MODIFY, OR GENERALLY TINKER WITH A
>>>>>>> DEVICE YOU OWN. (ARTICLE QQ.G.10)"
>>>>>>> "Check it out on WikiLeaks here [2], or read their overview of it
>>>>>>> here [3]."
>>>>>>> Thank you all of you in these lists that are trying to make this
>>>>>>> world a better world to live.
>>>>>>> I sincerely appreciate it your efforts.
>>>>>>> Daniel
>>>>>>> ---------- Forwarded message ----------
>>>>>>> From: CHARLIE FROM FFTF <info at list.fightforthefuture.org>
>>>>>>> Date: Thu, Oct 15, 2015 at 9:16 AM
>>>>>>> Subject: BREAKING: TPP text leaked
>>>>>>> To: danarauz at gmail.com
>>>>>>> LAST WEEK, WIKILEAKS RELEASED THE FINAL TEXT OF THE TPP’S
>>>>>>> INTELLECTUAL PROPERTY RIGHTS CHAPTER AND IT IS ABSOLUTELY
>>>>>>> TERRIFYING.
>>>>>>> THESE ARE JUST A FEW OF ITS MOST DANGEROUS PIECES:
>>>>>>> *
>>>>>>> Compel ISPs to take down websites without any sort of court order,
>>>>>>> just like SOPA. (Appendix Section I)
>>>>>>> *
>>>>>>> Extend the US’s copyright regime to require copyrights stand for
>>>>>>> life plus 70 years, preventing anyone from using works that belong
>>>>>>> in the public domain. (Article QQ.G.6)
>>>>>>> *
>>>>>>> Criminalize whistleblowing by extending trade secrets laws without
>>>>>>> any mandatory exemptions for whistleblowers or investigative
>>>>>>> journalists. (QQ.H.8)
>>>>>>> *
>>>>>>> End anonymity online by forcing every domain name to be associated
>>>>>>> with a real name and address. (Article QQ.C.12)
>>>>>>> *
>>>>>>> Make it illegal to unlock, modify, or generally tinker with a device
>>>>>>> you own. (Article QQ.G.10)
>>>>>>> *
>>>>>>> Export the US’s broken copyright policies to the rest of the world
>>>>>>> without expanding any of the free speech protections, like fair use.
>>>>>>> (Article QQ.G.17)
>>>>>>> The worst part is that this is just one of the TPP’s 30 chapters.
>>>>>>> THE FINAL TEXT CONFIRMS OUR WORST FEARS — CLICK HERE TO TAKE
>>>>>>> ACTION DEMANDING CONGRESS VOTE NO ON THE TPP. [4]
>>>>>>> For years, governments have held critics of the massive
>>>>>>> Trans-Pacific Partnership agreement in a perfect catch 22. Officials
>>>>>>> brushed off public outcry and concern by claiming that the
>>>>>>> dissenters didn’t have all the facts.
>>>>>>> This was by design—the 12 country trade deal was negotiated
>>>>>>> entirely behind closed doors by industry lobbyists and government
>>>>>>> appointees, and even now the text of the agreement is still
>>>>>>> classified.
>>>>>>> But late last week, WikiLeaks released the final text of the
>>>>>>> Intellectual Property chapter, meaning those excuses won’t work
>>>>>>> anymore.
>>>>>>> We’re planning to go all out against the TPP, but the first step
>>>>>>> is to make sure Congress knows just how many people oppose the TPP.
>>>>>>> CLICK HERE TO TAKE ACTION DEMANDING CONGRESS VOTE NO ON THE TPP. [5]
>>>>>>> Taking action today is just the beginning, because if all we do is
>>>>>>> send emails and make phone calls, Congress is not going to reject
>>>>>>> the TPP. Too many giant industries are seriously invested in making
>>>>>>> sure Congress ratifies the TPP.
>>>>>>> IF WE’RE GOING TO WIN, WE NEED TO GO BIG. WHICH IS EXACTLY WHAT
>>>>>>> WE’RE GOING TO DO.
>>>>>>> SO TAKE ACTION RIGHT NOW. CONTACT YOUR CONGRESSPEOPLE NOW AND TELL
>>>>>>> THEM TO VOTE AGAINST THE TPP [6]. Then get ready to do more because
>>>>>>> we’re going to unleash some of our strongest campaigns ever.
>>>>>>> Already we have plans to work with hundreds of different groups as a
>>>>>>> massive coalition to fight the TPP, coordinate gigantic
>>>>>>> on-the-ground protests in key cities across the country, and produce
>>>>>>> compelling content to spread the word to as many different audiences
>>>>>>> as possible just what is at stake in the TPP.
>>>>>>> TO DO ALL THAT, WE NEED YOUR HELP — IF YOU CAN, PLEDGE TO CHIP IN
>>>>>>> $5 EVERY MONTH BETWEEN NOW AND WHEN THE TPP FIGHT ENDS SO THAT WE
>>>>>>> CAN RUN OUR BIGGEST, BOLDEST, AND BEST CAMPAIGN YET. [7]
>>>>>>> Thanks for all you do,
>>>>>>> Charlie
>>>>>>> P.S. Want to read the text of the chapter for yourself? Check it out
>>>>>>> on WikiLeaks here [2], or read their overview of it here [3]. It’s
>>>>>>> long and complicated, so maybe you'll see something that we didn't.
>>>>>>> If you do, send us an email.
>>>>>>> (If you would like to unsubscribe, click here [8].)
>>>>>>> --
>>>>>>> - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
>>>>>>> - - - - - - - - - - - - - - - -
>>>>>>> Help open a people-powered common space in Oakland, California!
>>>>>>> https://omnicommons.org/donate [9]
>>>>>>> - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
>>>>>>> - - - - - - - - - - - - - - - -
>>>>>>> _______________________________________________
>>>>>>> FCC mailing list
>>>>>>> FCC at lists.prplfoundation.org
>>>>>>> http://lists.prplfoundation.org/cgi-bin/mailman/listinfo/fcc [1]
>>>>>> Links:
>>>>>> ------
>>>>>> [1] http://lists.prplfoundation.org/cgi-bin/mailman/listinfo/fcc
>>>>>> [2]
>>>>>> http://list.fightforthefuture.org/mpss/c/2wA/ZgwNAA/t.1ra/JRRvvf--QMGuoqxOh8fjyw/h4/3i1pd-2B3ueUZofL-2Bzxij3uMUdwbibcvJFXxzmkWL-2B-2FFU533uTrbBUsjiDU3eSLf-2Bof7Rxv2zphdkAHaLIyvlAJXEZ2mfhx7p-2F1j7Qi3z2bgu0pSM1wckmo-2BdqSGE2DsrpRjf-2BxZRLW9Q7-2FtEOuLBD-2BhUjvbm4WgftSU8t4vKEXSJq4qXWlaoYLkfIyzjrWgUm
>>>>>> [3]
>>>>>> http://list.fightforthefuture.org/mpss/c/2wA/ZgwNAA/t.1ra/JRRvvf--QMGuoqxOh8fjyw/h5/3i1pd-2B3ueUZofL-2Bzxij3uBjlJVvCX6MQiMhVTpASiLv5NCm6cxdiWeSBCmWZOwrVAB0B-2Fg7S01GMK82iefaVHVEKC0PYzSvDdL-2B51HQeENo-3D
>>>>>> [4]
>>>>>> http://list.fightforthefuture.org/mpss/c/2wA/ZgwNAA/t.1ra/JRRvvf--QMGuoqxOh8fjyw/h0/YOHIY5TWc8sl5xspef3RzYeBGIBYoG67Xe826O1ECHxhc-2BC4tPgSkX8oLmga2nBa4hoy2QQ8-2BpdeKvcsvF5xPulNT5liAuFZOvwPoatojPc-3D
>>>>>> [5]
>>>>>> http://list.fightforthefuture.org/mpss/c/2wA/ZgwNAA/t.1ra/JRRvvf--QMGuoqxOh8fjyw/h1/YOHIY5TWc8sl5xspef3RzYeBGIBYoG67Xe826O1ECHxhc-2BC4tPgSkX8oLmga2nBa4hoy2QQ8-2BpdeKvcsvF5xPulNT5liAuFZOvwPoatojPc-3D
>>>>>> [6]
>>>>>> http://list.fightforthefuture.org/mpss/c/2wA/ZgwNAA/t.1ra/JRRvvf--QMGuoqxOh8fjyw/h2/YOHIY5TWc8sl5xspef3RzYeBGIBYoG67Xe826O1ECHxhc-2BC4tPgSkX8oLmga2nBa4hoy2QQ8-2BpdeKvcsvF5xPulNT5liAuFZOvwPoatojPc-3D
>>>>>> [7]
>>>>>> http://list.fightforthefuture.org/mpss/c/2wA/ZgwNAA/t.1ra/JRRvvf--QMGuoqxOh8fjyw/h3/Pa8otjfmmhIzvTMTCB8ZJJUXf-2BRddPW57EVXPeuxLv9I8yzKecwvRVszbk7fNe1OGpbd4ZS-2B3RtrqOh8LYH-2FHftun4BA7ncoTisDSG1U30XDDmJxDlHuabmPARWfp2Cj
>>>>>> [8]
>>>>>> http://list.fightforthefuture.org/mpss/u/2wA/ZgwNAA/t.1ra/JRRvvf--QMGuoqxOh8fjyw/uh7
>>>>>> [9] https://omnicommons.org/donate
>>>>>> [10] https://eff.org
>>>>>> [11] https://www.eff.org/deeplinks/2015/10/final-leaked-tpp-text-all-we-feared
>>>>>> _______________________________________________
>>>>>> FCC mailing list
>>>>>> FCC at lists.prplfoundation.org
>>>>>> http://lists.prplfoundation.org/cgi-bin/mailman/listinfo/fcc
>>>> 
>>>> _______________________________________________
>>>> FCC mailing list
>>>> FCC at lists.prplfoundation.org
>>>> http://lists.prplfoundation.org/cgi-bin/mailman/listinfo/fcc
> 
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