first Skylarov, now Pavlovich

Posted 8 Aug 2001 at 17:57 UTC by sethcohn Share This

Maybe it's "Chicken Little" talk, but the outrageous ruling issued by the courts in California is a sign the sky is falling. When "Open Source" is equated with "make as much material as possible available over the Internet", we have a problem, people. If the US is going to enforce a "law" (and DMCA doesn't deserve to be called such, but is) on foreign nationals, and going to allow courts to summon people outside of their given jurisdiction, then the US is no longer safe for software. (Pavlovich isn't Russian, he was in Indiana, but the courts so far insist he's subject to trial in California courts)

If you are a US citizen, now is the time to take a stand. You will be next. It's only a matter of time. I think it's time we make a statement, and I'm proposing we make it public and loud. As mentioned in an earlier article on Skylarov, I'm reminded of Ayn Rand's Atlas Shrugged, and regardless of your agreement with her views, the essence of the idea of people 'stopping the world' to make a point seems like it might be loud enough.

Let's pick a day (suggestions?), and turn everything off. I mean everything. I mean if you author software, let's issue a new version with a routine to check the date and if it's this date, quit running. I mean we all refuse to show up to work on this date. I mean we inform every single person we work with and for that this is coming, and exactly why, and make clear this is about freedom. Not free, freedom.

We gather in public places and practice fair use, copying bits of things in direct violation of the "law", civil disobidience for sure, and wait for the FBI to arrive and arrest us.

If you are not a US Citizen, I urge you to join in, in a different manner, because while this is about one country's laws, you could be next, if you ever visit or if your country has extradiction agreements with the US. Write your code to ask/check if the person is in the US. Block US IPs on that date. Isolate the US and give a 404/refused message saying "Sorry, The US policies and DMCA are wrong. We support freedom".

No, not everyone will take part, but we can try. We can make a loud noise, and educate people. I fear that we don't, the US will continue to get more and more unfriendly to software freedom, and I and many others will have to leave, seeking political asylum in other countries. Woouldn't it be ironic if that happened? It's coming... "I want political asylum, I code open software, and I am willing to move to Russia to do it."

Imagine if the whole net stopped for a day, and all the software started saying "Not today, sorry. DMCA is bad." The message would be clear.

P.S. I know some flamage about the above will happen. Fine. I want this to generate discussion. If we don't talk about, who will? Slashdot? Let the idea start here and spread widely.


Whats really Scary, posted 8 Aug 2001 at 18:58 UTC by cmacd » (Journeyer)

Is that as far as I know, Advogato is located in The State of California

we are all "purposefully availed himself or herself of forum benefits" by using a service operated by a resident of California. (in fact indirectly by the state of california itself, as I understand the server sits on a LAN at UC Berkley.)

Us Canadians always bristle when USA law is applied across the border at us. Here, the Courts are saying that they can apply California law against posibly the entire world.

I wonder if the process servers are alreay flying to Moscow.ru

Typos, posted 8 Aug 2001 at 19:36 UTC by sethcohn » (Master)

Apologies for the misspellings in the main article. I hit post instead of preview at the wrong moment. Another thing to add to the 'to fix' list: editing after posting.

Bummer, posted 8 Aug 2001 at 19:49 UTC by nymia » (Master)

I don't think the DMCA law is going to be tolerant towards FS/OS grabbing patented 'thingies'. It's really going to be tough in the future for people to come up with truly innovating ideas.

I don't know, I think I'm seeing cloudy skies ahead.

"Full faith and credit", posted 9 Aug 2001 at 03:41 UTC by lilo » (Master)

California has always abused the "full faith and credit" clause of the US Constitution which requires US states to give full weight to the laws of other states. Particularly in tax law, they push well out of their jurisdiction and then point to that clause as requiring other states accept it.

Kind of a business-as-usual thing, I'm afraid.

Don't forget, posted 9 Aug 2001 at 04:53 UTC by Iain » (Master)

Geeks run the world

We may run the world..., posted 10 Aug 2001 at 18:32 UTC by jmelesky » (Apprentice)

... but that's not an excuse for terrorist action.

When it comes down to it, shutting things down is pointlessly destructive. It will do nothing but alienate people.

"It's down"
"Why?"
"Some Open Source geeks don't like some law"
"Grrr... farking Open Source geeks!"

Instead, take the time to actually make your political representatives (at the local, state, and national levels) aware of your views in as well-spoken a manner as possible. Present good arguments, politely, and ask that they keep your viewpoints in mind as their constituent in any upcoming debates on the matter.

Revolution is all well and good, but it's destructive and makes far more enemies than friends.

Geek Shrugged, posted 10 Aug 2001 at 23:59 UTC by sethcohn » (Master)

jmelesky wrote:
... but that's not an excuse for terrorist action. When it comes down to it, shutting things down is pointlessly destructive. It will do nothing but alienate people.

I disagree. The biggest problem we have today is that people do not acknowledge nor understand the issues involved.

"It's down" "Why?" "Some Open Source geeks don't like some law" "Grrr... farking Open Source geeks!"

See, that is exactly why the problem happened.

How about:

"It's down. Says something about freedom being important." "Yeah. They've been publicizing this for weeks. The geeks are pointing out that they feel everyone's rights are being violated." "What do they expect me to do about it?" "Well, take a look at this list...."

Instead, take the time to actually make your political representatives (at the local, state, and national levels) aware of your views in as well-spoken a manner as possible. Present good arguments, politely, and ask that they keep your viewpoints in mind as their constituent in any upcoming debates on the matter.

Revolution is all well and good, but it's destructive and makes far more enemies than friends.

That assumes that the lawmakers are willing to listen, aren't receiving far more money from groups like RIAA, Adobe, etc etc. It's not true, and so long as laws get passed and then the courts uphold them. Technical correctness will not win this battle, it will only prolong the fight, because they know they can continue to get away with misinforming the masses via the media. So long as we remain 'evil hackers', the problem continues.

If we hold a well publicised event, making clear from word one that it is not a 'hack', that it is intended to raise awareness, it can be done.

singing: You can get anything you want, on the Internet (web or not) You can get anything you want, on the Internet (web or not) ....

If one person does it, it's You know, if one person, just one person does it, then they think he's really sick, and they won't take notice. And if two people, two people do it, in harmony, they think they're both hackers, and they won't take notice of either of 'em. And if three people do it, three, and you imagine three people webmastering in, posting a page, and walking out? They may think it's an organization. And can you, can you imagine 5000 people in a day, i say 5000 people, posting an 'Internet is closed' sign and walking out? And friends, they may think it's a movement....

apologizes to Arlo Guthrie....

Oh good plan, posted 11 Aug 2001 at 04:56 UTC by Iain » (Master)

"singing: You can get anything you want, on the Internet (web or not) You can get anything you want, on the Internet (web or not) .... "

Oh hotdamn, that's just the way to solve

" When "Open Source" is equated with "make as much material as possible available over the Internet", we have a problem, people"

Taking down websites isn't going to win any friends, it's either going to annoy people, or make them go "Oh, the geeks are whining (again)".

Any you need to lose this "Geeks run the world" complex. Geeks aren't very important at all. If the geeks don't go to work for a day, programs slip by a day. The Boston T and bus drivers don't go to work for a day thousands of people are inconvienced and need to find alternative ways to get to work, quite possibly causing massive conjestion in already crowded Boston streets (I'm guessing that it's pretty much the same in most major cities). Doctors and nurses decide not to go to work for a day - people die. Getting any level of perspective here? Look, I'll do it in bold for you

GEEKS DO NOT RULE THE WORLD

Just one, posted 11 Aug 2001 at 08:49 UTC by robhudson » (Journeyer)

I don't think that "Geeks rule the world" is the point. The point is to raise awareness. If just one person goes to their daily bullet list of websites and notices it has been replaced with a simple message stating they are closed for the day, here's why, and that person is educated about the issue at hand, then it's a good thing and was worth it.

The point isn't to ruin their day, it's to point their eyes at an issue that they otherwise wouldn't have noticed.

Blue ribbons, black pages, posted 18 Aug 2001 at 04:23 UTC by apenwarr » (Master)

I think the idea of a highly visible protest is a good idea, but why not be more peaceful than actively blocking servers?

In the olden days of the Child Online Protection Act(?) and some other lousy US laws, we had the EFF's "Blue Ribbon" campaign (just put a blue ribbon on your web site) and the day admins turned most web sites black.

When everything suddenly has a black background, a blue ribbon, and a link like "Why is this web page black?", people will notice without being annoyed. That's the kind of attention you want to draw to this issue.

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