WAR ON OWNERSHIP

WAR ON OWNERSHIP

Because John Deere and General Motors have tried to enact dirty, underhand, anti-capitalistic tactics to prevent purchasers of their products from modifying their PURCHASED products computer, I felt it was to find their legal inquiry, and anything that the Copyright Office will be doing on this matter. I am happy to inform everyone that I have found the sites to those issues, and they will be presented below for your own consumption, with my own comments on the individual sites.

THE WIRED STORY THAT HAS SOUGHT TO ENLIGHTEN US OF THE QUIET ATTACK AGAINST LIBERTY.

The link also provides links to the other things I will be citing, however some of the links have been closed off because we, the general public, are not allowed to see what happens on certain issues….YEAH, THE GENERAL PUBLIC HAS NO RIGHT TO KNOW HOW THE GOVERNMENT IS GOING TO DECIDE THE GENERAL PUBLIC MAY ACT IN REGARDS TO ITS OWN PROPERTY.

John Deere is a company, by the way, that is seriously serious about preventing people from copying their stuff. So serious, in fact, that they even locked the PDF they sent to the Copyright Office. No modifying the document. And no copying passages. Really, John Deere? How am I supposed to highlight all that’s wrong in this document now? 

General Motors told the Copyright Office that proponents of copyright reform mistakenly “conflate ownership of a vehicle with ownership of the underlying computer software in a vehicle.” But I’d bet most Americans make the same conflation—and Joe Sixpack might be surprised to learn GM owns a giant chunk of the Chevy sitting in his driveway.

GM went so far as to argue locking people out helps innovation. That’s like saying locking up books will inspire kids to be innovative writers, because they won’t be tempted to copy passages from a Hemingway novel. Meanwhile, outside of Bizarroland, actual technology experts—including the Electronic Frontier Foundation—have consistently labeled the DMCA an innovation killer. They insist that, rather than stopping content pirates, language in the DMCA has been used to stifle competition and expand corporate control over the life (and afterlife) of products.

“This week, Senator Ron Wyden and Representative Jared Polis will introduce the “Breaking Down Barriers to Innovation Act of 2015, which would substantially improve the DMCA process. Lawmakers in Minnesota and New York have introduced “Fair Repair” legislation that assert an owner’s right to repair electronic equipment they’ve purchased. They want equal access to repair information, replacement parts, and security updates.”

If you bought it, you should own it—simple as that. It’s time corporate lawyers left the bullshit to the farmers, who actually need it.

AND ALL GOD’S CHILDREN SAID AMEN. Also being presented by Congressmen and Congresswomen are the following acts on the issue to consider: H.R. 1587: Unlocking Technology Act of 2015 and H.R. 862: You Own Devices Act

THIS IS THE LINK TO THE COPYRIGHT.GOV PAGE WHERE YOU CAN SEE COMMENTS ON THE SECTION 1201 that grants exemptions to the law.

As for your ability to comment on this situation, here you go, here are the following paragraphs from COPYRIGHT.GOV/1201/

Due Dates for Public Comments and Associated Evidence

The first round of public comment closed on February 6, 2015, and was limited to submissions from the proponents (i.e., those parties who proposed exemptions during the petition phase) and other members of the public who support the adoption of a proposed exemption, as well as any members of the public who neither support nor oppose an exemption but seek only to share pertinent information about a specific proposal. Any associated documentary and/or multimedia evidence was due by this date.

The second round of public comment closes on March 27, 2015, and will be limited to members of the public who oppose an exemption. Opponents should present the full legal and evidentiary basis for their opposition.  Any associated documentary and/or multimedia evidence must also be submitted by this date.

The third round of public comment closes on May 1, 2015, and will be limited to proponents and supporters of particular proposals, and those who neither support nor oppose a proposal, in either case who seek to reply to points made in the earlier rounds of comments. Reply comments should not raise new matters, but instead be limited to addressing arguments and evidence presented by others. Any associated documentary and/or multimedia evidence must also be submitted by this date.

Past Proceedings

The records of the previous Section 1201 rulemakings are available for reference. The first rulemaking concluded in 2000. The second concluded in 2003, the third in 2006, the fourth in 2010, and the fifth in 2012.

If you want to know what John Deere is particularly arguing on this issue, the following link will go to the Comments they gave to the Copyright Office to begin this inquiry.

The stated purpose for Class 21 is overly broad and goes beyond repair or diagnosis by explicitly referencing “aftermarket personalization, modification, or other improvement.” The unintended consequences of circumventing the TPMs are different than the alleged purposes referenced above in Class 21. Circumvention of the TPMs for Class 21 will make it possible for pirates, third-party software developers, and less innovative competitors to free-ride off the creativity, unique expression and ingenuity of vehicle software designed by leading vehicle manufacturers and their suppliers.

Their complaint is against pirates, you people who decide to modify your purchased products (HOW DARE YOU) and those businesses who might copy the product (ILLEGAL ALREADY) or sell a similar product that undercuts their ability to compete. (DIDN’T APPLE TRY THIS AGAINST SAMSUNG?)

Moreover, TPMs for vehicle software for entertainment systems protects copyright owners of coprighted content against the unauthorized reproduction and distribution of copyrighted works. For example, vehicle software for entertainment systems supports the playing of copyrighted music files and copyrighted audio books, among other expressive works. A vehicle driver may listen to sound recordings, while passengers may watch or view television and movie content. TPMs for in-vehicle entertainment systems encourage content providers to create and distribute highly-expressive copyrighted works that might otherwise be easily copied or pirated if the TPMs were circumvented. Consequently, circumvention of the above TPMs for purposes of “personalization, modification, or other improvement” is likely to encourage the unauthorized reproduction, distribution, and use of copyrighted software and content.

GREAT, so you no longer should listen to any music or possess any form of media that isn’t an originally sold and purchased product. No more mixtaping, mix cds, no more making your own music. TAKE IT TO THE FUTURE MUSIC MAKERS! Basically, you won’t listen to music that your car maker has decided isn’t appropriate to play in their car, nor shall you watch any television program they disagree with, or movie they dislike. WHAT DRUG IS JOHN DEERE ON?

A vehicle owner does not acquire copyrights for software in the vehicle, and cannot properly be considered an “owner” of the vehicle software.
The record here is clear that the proponents are primarily individual hobbyist and “enthusiasts” who desire to “tinker” with and “hack” the vehicle software to, for example, “modify their engine controllers,” “race on private courses,” “make sure the lights turn on when the windshield wipers activate,” “or to cap the speed when they lend the car to their teenage children.” Consequently, rather than using the vehicle firmware “for precisely the purpose for which it was designed,” here the firmware in many cases is being used to undermine or reverse the purposes for which it was intended. As explained in greater detail below, circumvention of the TPMs means that the vehicle software will be subject to contamination from the repair or modification efforts of individual vehicle owners, the vast majority of whom do not have programming or technical competence in the full range of applicable federal regulations and industry standards.

BASICALLY ANYONE WHO DARES TO TAMPER WITH THEIR CAR, despite how good-intentioned you might be like protecting your children, ARE IDIOTS. JOHN DEERE THINKS ANYONE WHO DOES THIS, THE VAST MAJORITY OF PEOPLE I GREW UP KNOWING AND LIVED NEAR MOST OF MY LIFE, ARE IDIOTS. YES JOHN DEERE WOULD LIKE TO THANK YOU FOR BUYING THEIR PRODUCTS, YOU DUMB IDIOTS.

What a great Lawyer this person is for John Deere. By the way, you will find like I did, you cannot copy any of the language on this document. It is explicitly forbidden for anyone to modify, or copy the language provided in this brief.

HERE IS THE MAJOR OPPONENT TO JOHN DEERE’S LEGAL ARGUMENT.

As for Title 17 and the Copyright Law, here is the Behemoth of Regulations that it is. All 366 pages of it. Good luck reading this thing to know what you can and cannot do.

My personal opinion: This is really dumb, I haven’t ever liked DMCA because its far too broad to do any good when it comes to government, and the fact is that over-complication of what is fair use and what can be modified might put restrictions on small businesses and private operators, like the small town garage that fixed my 1990 Cadillac Deville for me, because there was no Cadillac Mechanic in the area and the car was way over-warranty.

What can be done: The first thing is you can find your Congressmen and write them an email and let them know you want them to support the above legislations. Next, you should get all your friends and buddies with unfinished cars, antiques, and tractors, and begin a protest ride to your capital, using all your connections to make the pull really long and hard to avoid. Specifically with the unfinished cars, load them up on flatbeds, and inform local law enforcement of your drive. Tell them you would like to use your vehicles to protest safely the laws being applied to your state, but you want to keep necessary roads open. Circle Capitol Buildings, Governor’s Mansions. Take it to Washington, do NOT GO QUIETLY INTO THAT NIGHT.

Don’t know your Congressmen? Just put in your Zipcode

Don’t know your Senator? Select by state on this one

Want to tell your Governor what you think? Select by state again

Got a Twitter Account? Use #DeereInMyHeadlights #GeneralLoiters #DMCAKillsLiberty, and other good pun-oriented tags. John Deere’s Twitter Account. General Motors Twitter Account.

I have created a petition, if you support it great, otherwise, create your own and route it around. I will post further articles and petitions, and anything else as comments to this posting.