Using Technology to Deepen Democracy, Using Democracy to Ensure Technology Benefits Us All

Wednesday, July 12, 2006

EFF's FRAQ (frequently awkward questions) to the Media Industry

[via The Electronic Frontier Foundation] EFF has compiled a handy, pithy list of questions that should be frequently asked of the dinosaurs of coporate media to short-circuit their dishonest spin-doctoring and obfuscations. I think of such indispensable truth-to-power FAQ-like advocacy resources as FRAQs (and any BSG fan can surely tell you why). Here's a slightly abridged version of EFF's Media FRAQ highlighting my own favorite moments:
The RIAA and MPAA trot out their spokespeople at conferences and public events all over the country, repeating their misleading talking points. Innovators are pirates, fair use is theft, the sky is falling, up is down, and so on. Their rhetoric shouldn't be given a free pass...

Music

1. The RIAA has sued more than 20,000 music fans for file sharing, yet file sharing continues to rapidly increase both online and offline. When will you stop suing music fans?
2. The RIAA has sued over 20,000 music fans for file sharing, who have on average paid a $3,750 settlement. That's over $75,000,000. Has any money collected from your lawsuits gone to pay actual artists? Where's all that money going?
3. The RIAA has sued over 20,000 music fans for file sharing. Recently, an RIAA representative reportedly suggested that "students drop out of college or go to community college in order to be able to afford [P2P lawsuit] settlements." Do you stand by this advice? Is this really good advice for our children's futures? ...
5. Major entertainment companies have repeatedly brought lawsuits to block new technologies, including the VCR, Digital Audio Tape recorders, the first MP3 player, the ReplayTV PVR, and now P2P software. Why is your industry so hostile to new technologies? ...
8. Recording off the radio is clearly permitted by copyright law and something Americans have done for over 25 years, but the RIAA supports legislation restricting devices that record from digital radio. Why are you against TiVo for radio?
9. Sony BMG recently implemented a DRM technology that damaged users' computers. But for independent researchers' analyses, this serious flaw may have gone undiscovered. After this scandal, will record labels allow any computer scientist or security expert to examine these products and agree not to sue them under the DMCA?

Video

1. The major movie studios have been enjoying some of their most profitable years in history over the past five years. Can you cite to any specific studies that prove noncommercial file sharing among fans, as opposed to commercial DVD piracy, has hurt the studios' bottom line in any significant way?
2. Is it legal for me to bypass CSS DVD encryption in order to skip the "unskippable" previews at the beginning of so many DVDs? Why should I have to be forced to watch these ads when I already bought the DVD?
3. Is it legal for me to skip the commercials when I play back time-shifted TV recordings on my TiVo or other PVR? How is this different than getting up and going to the bathroom?
4. Why are there region-code restrictions on DVDs? How does this prevent copyright infringement? Is it illegal for me to buy or and use a region-free DVD player, or to modify a DVD player to be region-free?
5. In several lawsuits, the MPAA has repeatedly said that it's illegal to make a back-up of a DVD that I purchased. Why is this illegal? ...
8. If the MPAA-backed "broadcast flag" bill passes, I won't be able to move recorded TV content digitally to my current video iPod. Why should TV studios get to take away my ability to lawfully time- and space-shift? ...
10. Hollywood is pushing legislation to "plug the analog hole." These restrictions won't keep copyrighted video off of file sharing networks, but they will block me from excerpting a recorded TV show for a school report or using tools like the Slingbox to send recorded TV shows to myself over the Internet. Why are you trying to restrict these legitimate uses?

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