The Rosen Sanction
No, as much as the immanent death of former RIAA Duchessa Hilary Rosen on a high mountain at the able hands of Clint Eastwood might appeal to some, it is not the type of "sanction" that merits my long-delayed return to blogging. Instead, we must examine the field of sociology to understand the sort of sanction Ms. Rosen has applied to society. In sociology, a sanction is a form of social control, a restriction applied by society (or rather, to Sociologists, the state) for some reason. Some sanctions, such as punishment for crime or restricted information, serve a positive purpose in society by preserving social order or ensuring military supremacy over other states. These sort of sanctions are generally well-founded and more or less universally acknowledged.
However, there are other sanctions that less emphasise the "social" aspect and instead focus more on "control." Mme. Rosen's pet sanction is one of these. You see, Mme. Rosen was the head of the RIAA (Recording Industry Association of America) during the late nineties, and she is also the source of that body's policy of bringing lawsuits against assorted vicious grandmothers and pernicious pre-teens. This has made her subject to almost universal revulsion on-line. At a debate in Oxford University two years ago, Mme. Rosen was on the short end of a decisive 233-72 vote.
Yet it seems that even with her much-hated lawsuits aside, Mme. Rosen also crafted another bit of legislation that is every bit as odious as her court-room antics. This is, of course, the Digital Millenium Copyright Act. Essentially a gift from the US Congress to the RIAA, the DMCA was a far-reaching piece of legislation that attempted to "build a bridge to the new century" as the Notorious B.I.L. was so fond of saying. Aside from implementing "World Intellectual Property Organisation" treaties into US Law, the DMCA reached into the nascent "problem" of online piracy. This meant attacking the means of piracy rather than the pirates themselves. The end result? The limitation of our rights yet again.
I suppose that at this juncture people are wondering why I'm upset about a bill that was signed into law almost ten years ago. The reason for this is that to-day I downloaded a hard-to-find song from the post-modern eighties classic Manhunter from Apple's iTunes, which was the only place I could find it. I paid for the song and downloaded it legitimately. Once it was on my hard drive, I figured that it I would be able to load it into my MP3 player and enjoy it as I do my other songs. However, being confounded at the technical challenge of converting my M4P song to MP3 format, I discovered that I was forbidden by Federal Law to convert a song I had lawfully purchased into a song I could play on my MP3 player.
One's first response is that this is silly. The federales wouldn't be that intrusive, would they? Obviously, this is more paranoid libertarian garbage.
I invite those who disbelieve to examine the United States Code, Title 17, Section 1201, under the heading "Circumvention of copyright protection systems." Part "A" of this law is quoted:
"No person shall circumvent a technological measure that effectively controls access to a work protected under this title. The prohibition contained in the preceding sentence shall take effect at the end of the 2-year period beginning on the date of the enactment of this chapter."
The "two-year period" expired in 1998. As a result, if I convert my M4P music to MP3 format, I'm committing a federal crime. By converting my song, I circumvent Apple's Copy Protection embedded in its M4P format. This is contrary to the idea of "fair use", which holds that I can convert formats as I please so that I might better utilise my file.
This brings up the perennial libertarian concern of the sheer volume of laws out there. One cannot be a good citizen, since one cannot possibly follow one's conscience and the law at the same time. Given that the conscience has primacy over temporal (not natural) law, the concern then becomes avoiding getting stomped on by the force of the state. There needs to be serious reform if we're to allow the citizens of good conscience to live in peace. The "causeway" of the law that Thomas More described needs to be extended from a tightrope over philosophical ravines to its original path, set down in natural law.
However, there are other sanctions that less emphasise the "social" aspect and instead focus more on "control." Mme. Rosen's pet sanction is one of these. You see, Mme. Rosen was the head of the RIAA (Recording Industry Association of America) during the late nineties, and she is also the source of that body's policy of bringing lawsuits against assorted vicious grandmothers and pernicious pre-teens. This has made her subject to almost universal revulsion on-line. At a debate in Oxford University two years ago, Mme. Rosen was on the short end of a decisive 233-72 vote.
Yet it seems that even with her much-hated lawsuits aside, Mme. Rosen also crafted another bit of legislation that is every bit as odious as her court-room antics. This is, of course, the Digital Millenium Copyright Act. Essentially a gift from the US Congress to the RIAA, the DMCA was a far-reaching piece of legislation that attempted to "build a bridge to the new century" as the Notorious B.I.L. was so fond of saying. Aside from implementing "World Intellectual Property Organisation" treaties into US Law, the DMCA reached into the nascent "problem" of online piracy. This meant attacking the means of piracy rather than the pirates themselves. The end result? The limitation of our rights yet again.
I suppose that at this juncture people are wondering why I'm upset about a bill that was signed into law almost ten years ago. The reason for this is that to-day I downloaded a hard-to-find song from the post-modern eighties classic Manhunter from Apple's iTunes, which was the only place I could find it. I paid for the song and downloaded it legitimately. Once it was on my hard drive, I figured that it I would be able to load it into my MP3 player and enjoy it as I do my other songs. However, being confounded at the technical challenge of converting my M4P song to MP3 format, I discovered that I was forbidden by Federal Law to convert a song I had lawfully purchased into a song I could play on my MP3 player.
One's first response is that this is silly. The federales wouldn't be that intrusive, would they? Obviously, this is more paranoid libertarian garbage.
I invite those who disbelieve to examine the United States Code, Title 17, Section 1201, under the heading "Circumvention of copyright protection systems." Part "A" of this law is quoted:
This brings up the perennial libertarian concern of the sheer volume of laws out there. One cannot be a good citizen, since one cannot possibly follow one's conscience and the law at the same time. Given that the conscience has primacy over temporal (not natural) law, the concern then becomes avoiding getting stomped on by the force of the state. There needs to be serious reform if we're to allow the citizens of good conscience to live in peace. The "causeway" of the law that Thomas More described needs to be extended from a tightrope over philosophical ravines to its original path, set down in natural law.

