Ranting About the DMCA and GMod
I talk a lot in this but I don't really say a lot. Like I have this concept but I cant really quite articulate it due to the complexities of the topic, but what i certainly do know is that turks LOVE harry potter. This is a RANT video so shoutouts at the end. really just threw this together at the last min to try and get something out of my mind, but after reviewing it I don't really feel like anything I say in this matters that much. IDK I don't really even like this topic im now OFFICIALLY SELF-GREYPILLED by my own video.
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Throughout the video, you keep referring to "digital locks", but the result of their porting and reverse engineering (or whatever they're doing to "break" them) is still a crime under the DMCA even without that. There is no reason to have extra laws governing reverse engineering and DRM because if it's protecting people, the result of that breakage will still be copyright infringement. The actual use of making "digital locks" illegal to break in the real world is to restrict who can modify software or hardware. Those are the only people who NEED the DRM laws, because all other cases are already protected by typical copyright infringement clauses that takedown notices are for. What you like about the DMCA is the ability to take things down that violate your copyright, not the DRM and "digital locks" parts. Those parts are the ones that are being campaigned against currently, and also what the exercise bike thing was related to.
(edited)
4:52 Why would you shit on someone for this? The entire point of not showing the code is to have a list of fixes for products that could be released if the DMCA didn't prevent it. It's politically expedient to have a list of potential fixes that are legally blocked, because it shows the potential good that is being held back. I don't even understand why you're criticizing this part. This section of the DMCA that relates to circumventing DRM is not at all related to the part of the DMCA that protects creators from having their work stolen and profited from, which is why it's the target of a political campaign.
@shingo Again, these people are profiting from making these things, distributing the result of using them has nothing to do with it. Your gun example is also completely unrelated. However if it WERE TOTALLY legal to make these tools it would become even gayer than it is now. People would immediately begin charging money for the tools, or even have paid services for installing cfw on ur nintenda or some shit like that. FUCK THAT. There goes the ability for normal people to use these tools freely. The faggot programmers should NOT be able to profit from these things.
@ShyStudios lol people already try to sell (and are laughed out of the room for) CFW services and the like. The gay laws that protect DRM cause things like youtube-dl to be taken down, which already happened, and everyone has to pretend like it's not meant to do what the name says. You assume that people aren't trying and failing to sell shit already, and also that there aren't enough autistic programmers to make the shit free already. DRM laws are super gay and tools you use regularly exist in spite of them. Also, if you're super worried about the money aspect, the scope of it could be legally reduced to profiting from DRM breaking tools, which is still better than making them outright illegal.
No DMCA does not mean no IP laws. Ignoring the problems with hardware DRM and "digital locks" that Louis Rossmann is trying to get rid of (which are bigger problems than the typical IP law stuff), there are some massive problems with how DMCA is written.
Most people encounter DMCA claims first on YouTube, where their video can just be inexplicably taken down instantly. Sending a false takedown request is illegal, but *by law*, anyone who receives a DMCA request MUST take it down IMMEDIATELY. Then, if you think the request is wrong, you have to send a counter-notice, at which point, it can go back up until there's some kind of arbitration. This treats the party on the receiving end of the notice as guilty until proven innocent. For those who don't comply, it requires an actual lawsuit to get it taken down anyway, so this part means that the instant takedowns really only work for people on big platforms, anyway. I'm not against IP laws, but DMCA is rotten.
(edited)
Most people encounter DMCA claims first on YouTube, where their video can just be inexplicably taken down instantly. Sending a false takedown request is illegal, but *by law*, anyone who receives a DMCA request MUST take it down IMMEDIATELY. Then, if you think the request is wrong, you have to send a counter-notice, at which point, it can go back up until there's some kind of arbitration. This treats the party on the receiving end of the notice as guilty until proven innocent. For those who don't comply, it requires an actual lawsuit to get it taken down anyway, so this part means that the instant takedowns really only work for people on big platforms, anyway. I'm not against IP laws, but DMCA is rotten.
I'm still pissed about them removing all nintendo items from the gmod workshop, but i understand why they did it.
18:08 what about watermarking your work like adding some text saying shystudios to a texture or 2 on your maps? i put watermarks on all of my videos so if it gets reuploaded somewhere people can still find me from it and i get new viewers
alot of copyrights problems today came from that copyright laws were designed to how everything worked before the internet. like before the internet it was pretty much impossible to get anything popular without a big company backed by lots of lawyers helping it like there was no tiktok or spotify to get big in the music scene you had to go to a record label and get them to distribute records or tapes and play it on the radio for you. everything was designed for a world where everyone who had anything copyrightable or could violate copyright had a big company with a team of lawyers behind them to handle any legal problems. but with the internet. people can get famous with their content without a big company helping them and without a lawyer. so it forces social media companies to use automated systems and stuff and make it hard for people to dispute claims since most people cant directly go to court with their own lawyers anymore since it used to be a rich people thing
i think copyright should be abolished except for trademarks since they prevent people being scammed with fake goods unknowingly. but at the very least if it cant be abolished then fair use should be expanded and and the time limits for copyright should be lowered. make it like 40years expiry for both corporate and personal copyright and also allow things to become public domain if the people behind it refuse to sell their material officially for a certain amount of time. theres no reason why a videogame or invention or whatever should still be copyrighted if the people behind it dont care enough about it to sell it officially anymore. like old videogames/software where the only way to get it is piracy/emulation or second hand resale of the disc or cartridge or floppy disk or inventions a company refuses to sell or give out officially in anyway and just patented it to prevent someone ever making or developing on it and not actually to even make money on it
for example kodak tried to prevent digital cameras ever being a thing in the 70s after they invented it by patenting it like crazy since they made too much money selling film. i think i remember hearing about some planes people made in the 90s that was 2x as fast as commercial planes today but they patented it and refuse to give it to anyone or let anyone develop the super fast plane technology further for no reason at all
(edited)
Honestly, seeing so much DMCA abuse is a big reason why many of my works will be Creative Commons. A way to tell people I won't do anything as long as the terms of the license are being followed. I think it's a good middle ground between pure copyright and the public domain. But just because it's right for me, it doesn't mean it's necessarily right for every artist.
It does suck that these systems are built to benefit corporations more than actual artists. I think that's the crux of the issue. Yet again, when aren't corporations the problem?
It does suck that these systems are built to benefit corporations more than actual artists. I think that's the crux of the issue. Yet again, when aren't corporations the problem?
@spodermen True that, sadly. Artists should have the right to protect their work, but people should also have the right to use that work in good faith (for commentary/review, fanworks, other fair use cases both recognized and unrecognized by the law.) Scamming; and just lazily redistributing it, especially for profit, are definitely rude at best and the artist is in the right to protect their works in those cases.
There's not much that can be done about those artists except not give them/their work any support/attention, and it is why I intend to go the creative commons route. So, that way, if I do decide to abuse DMCA for whatever reason, artists who are fans will be protected from me, and I won't have any ground to stand on as long as they have not violated the terms of the license.
Just like any other artist, I have an ego. I want my works to have flourishing fandoms. And a healthy fandom is one that creates fanwork.
There's not much that can be done about those artists except not give them/their work any support/attention, and it is why I intend to go the creative commons route. So, that way, if I do decide to abuse DMCA for whatever reason, artists who are fans will be protected from me, and I won't have any ground to stand on as long as they have not violated the terms of the license.
Just like any other artist, I have an ego. I want my works to have flourishing fandoms. And a healthy fandom is one that creates fanwork.
@DextiveStudios yeah, i just hope that it doesn't come down to DMCA abuse, rightfully using it in a sparing term incase someone is actually scamming with the art is the one time id say its more than okay to DMCA due to the scummy nature of it.
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