Re: [dvd-discuss] Teach ACT OF2001 -NOTHING to do with Teachingbut DMCATothe Classroom

["Ernest Miller" <ernest.miller(at)aya.yale.edu>]

http://thomas.loc.gov/cgi-bin/bdquery/D?d107:1:./temp/~bd31Ot::|/bss/d107que
ry.html|

What is the status of this bill?  It doesn't appear to have been active
since July.


----- Original Message -----
From: "Ballowe, Charles" <CBallowe@usg.com>
To: <dvd-discuss@eon.law.harvard.edu>
Sent: Wednesday, January 30, 2002 7:51 PM
Subject: RE: [dvd-discuss] Teach ACT OF2001 -NOTHING to do with Teachingbut
DMCATothe Classroom


> I have a bigger problem with this:
>
>        (C) the transmission is made solely for, and, to the extent
>    technologically feasible, the reception of such transmission is limited
>    to--
>        (i) students officially enrolled in the course for which the
>    transmission is made;
>
> Where I went to school (CMU) it wasn't entirely un-common for students
> to sit in on classes that they weren't officially in/had no requirement
> to be in/didn't have time to do the work for and would find it quite
> useful to have the course materials other than the text books available
> online. Not to mention sitting in just for lectures of interest and/or
> guest speakers. Why should the government have the power to regulate who
> has access to the resources of a private educational institution? If the
> school has no objections to non-students (or students not in that course)
> sitting in on the classes, why should the government stop them?
>
> -Charlie
>
> > -----Original Message-----
> > From: Michael A Rolenz [mailto:Michael.A.Rolenz@aero.org]
> > Sent: Wednesday, January 30, 2002 6:38 PM
> > To: dvd-discuss@eon.law.harvard.edu
> > Subject: Re: [dvd-discuss] Teach ACT OF2001 -NOTHING to do with
> > Teachingbut DMCATothe Classroom
> >
> >
> > My thoughts exactly...except I deleted sonofabitch.....worse
> > than this, it
> > is making the idea that textbooks, lecture notes and all that
> > can be put
> > under a time limit that when it expires POOF, there goes your
> > education.
> > Whole chunks the the curriculum would not be books that you buy and a
> > lecture that you hear and the words on the black board you
> > see but digital
> > works flashing before you, that you can't keep copies
> > of....Consider too
> > that many profs hand out lecture notes that later become text
> > books.....I
> > was among the first guinea pigs for John Fridy's lecture
> > notes that later
> > became his book on advanced calculus (now 2nd. ed.). My advisor has
> > several sets of lecture notes that he could publish (but
> > hasn't). Imagine
> > they can put a DRM on the lecture notes that makes them
> > unreadable when
> > the book is published......
> >
> > I need to read the report in moregorydetail but from those
> > two section
> > that caught my eye scanning through it, I'd say the whole point is to
> > prevent ANY use of digital works in the classroom that
> > doesn't expire the
> > moment the students walk out the door at the end of the
> > period.  Totally
> > negating the benefits of digital works and the ease with
> > which they can be
> > created and distributed. Personally, I always got a lot out
> > of taking my
> > own handwritten (or electronic notes that I do now) on things
> > for being
> > able to jot down insights, comments, and remembering things ("now
> > class...write out the fundmental theorem of calculus 100 times")
> >
> > Recommendation: Anybody with ties to academia should give
> > this one as much
> > distribution to as many people as they can and maybe start
> > writing letters
> > and following this one NOW. The DMCA got slipped by looks
> > like they want
> > to finish the job. In a choice between progress through education and
> > protection of copyright, the Senatorial direction is clear "
> > Middle Ages
> > Here We Come"
> >
> >
> >
> >
> > Ole Craig <olc@cs.umass.edu>
> > Sent by: owner-dvd-discuss@eon.law.harvard.edu
> > 01/30/02 03:13 PM
> > Please respond to dvd-discuss
> >
> >
> >         To:     <dvd-discuss@eon.law.harvard.edu>
> >         cc:
> >         Subject:        Re: [dvd-discuss] Teach ACT OF2001
> > -NOTHING to do with Teachingbut DMCA
> > Tothe Classroom
> >
> >
> > On 01/30/02 at 14:58, 'twas brillig and Michael A Rolenz scrobe:
> > >
> > > Sorry to double post but
> > >
> > > ftp://ftp.loc.gov/pub/thomas/cp107/sr031.txt
> > >
> > [...]
> >
> > >       Second, in the case of a digital transmission, the
> > transmitting
> > body
> > >
> > >    or institution is required to apply technological
> > measures to prevent
> >
> > >    (i) retention of the work in accessible form by
> > recipients to which
> > it
> > >    sends the work for longer than the class session, and (ii)
> > unauthorized
> > >
> > >    further dissemination of the work in accessible form by such
> > > recipients.
> > >    Measures intended to limit access to authorized recipients of
> > >    transmissions from the transmitting body or institution are not
> > >    addressed in this subparagraph (2)(D). Rather, they are
> > the subjects
> > of
> > >
> > >    subparagraphs (2)(C).
> > >       The requirement that technological measures be
> > applied to limit
> > >    retention for no longer than the ``class session''
> > refers back to the
> >
> > >    requirement that the performance be made as an
> > ``integral part of a
> > >    class session.'' The duration of a ``class session'' in
> > asynchronous
> > >    distance education would generally be that period during which a
> > > student
> > >    is logged on to the server of the institution or
> > governmental body
> > >    making the display or performance, but is likely to vary
> > with the
> > needs
> > >
> > >    of the student and with the design of the particular
> > course. It does
> > > not
> > >    mean the duration of a particular course (i.e., a
> > semester or term),
> > > but
> > >    rather is intended to describe the equivalent of an
> > actual single
> > >    face-to-face mediated class session (although it may be
> > asynchronous
> > > and
> > >    one student may remain online or retain access to the
> > performance or
> > >    display for longer than another student as needed to
> > complete the
> > class
> > >
> > >    session). Although flexibility is necessary to accomplish the
> > >    pedagogical goals of distance education, the Committee
> > expects that a
> >
> > >    common sense construction will be applied so that a copy or
> > phonorecord
> > >
> > >    displayed or performed in the course of a distance
> > education program
> > >    would not remain in the possession of the recipient in a
> > way that
> > could
> > >
> > >    substitute for acquisition or for uses other than use in the
> > particular
> > >
> > >    class session.
> >
> >                  SonofaBITCH! I'm supposed to institute DRMs so that
> > students
> > can't keep their class notes, just because the professor included a
> > snippet of Knuth or Comer & Stevens?! Fsck that!
> >
> >                  And from the student perspective -- the
> > long-term utility
> > of
> > the lecture notes and handouts of a technical course can be enormous.
> > I was checking the lecture notes for some of my programming classes
> > *long* after I'd ceased being an undergrad.
> >
> >                                  Ole
> > --
> > Ole Craig * olc@cs.umass.edu * UNIX; postmaster, news, web;
> > SGI martyr *
> > CS Computing Facility, UMass * <www.cs.umass.edu/~olc/> for
> > public key
> >
> > perl -e
> > 'print$i=pack(c5,(41*2),sqrt(7056),(unpack(c,H)-2),oct(115),10);'
> >
> >
> >
> >