Close
  • Latest News
  • Artificial Intelligence
  • Video
  • Big Data and Analytics
  • Cloud
  • Networking
  • Cybersecurity
  • Applications
  • IT Management
  • Storage
  • Sponsored
  • Mobile
  • Small Business
  • Development
  • Database
  • Servers
  • Android
  • Apple
  • Innovation
  • Blogs
  • PC Hardware
  • Reviews
  • Search Engines
  • Virtualization
Read Down
Sign in
Close
Welcome!Log into your account
Forgot your password?
Read Down
Password recovery
Recover your password
Close
Search
Logo
Subscribe
Logo
  • Latest News
  • Artificial Intelligence
  • Video
  • Big Data and Analytics
  • Cloud
  • Networking
  • Cybersecurity
  • Applications
  • IT Management
  • Storage
  • Sponsored
  • Mobile
  • Small Business
  • Development
  • Database
  • Servers
  • Android
  • Apple
  • Innovation
  • Blogs
  • PC Hardware
  • Reviews
  • Search Engines
  • Virtualization
More
    Subscribe
    Home Cybersecurity
    • Cybersecurity

    Facts Cant be Litigated Away

    Written by

    Jason Brooks
    Published November 25, 2002
    Share
    Facebook
    Twitter
    Linkedin

      eWEEK content and product recommendations are editorially independent. We may make money when you click on links to our partners. Learn More.

      In the latest thrilling installment of As the Digital Millennium Copyright Act Turns, various large retailers attempted last week to force various bargain-hunting-oriented Web sites to remove “Black Friday” sale price information from their pages.

      For instance, I understand that if I show up at Walmart first thing Friday morning, Ill be able to pick up a 30-quart turkey fryer for $29.97—a day too late, sure, but Id be all set for Thanksgiving 2003.

      If you arent familiar with the term “Black Friday” (I had to look it up), the term refers to the day after Thanksgiving, when a huge flurry of Christmas shopping shifts retailers out of deficits and into the black. As a result, Black Friday is a big deal for retailers, and these firms were none too pleased when their secret sale prices made their way onto sites such as FatWallet.com more than a week before the big day.

      Its fair to ask here what any of this has to do with the DMCA, a piece of legislation intended to protect copyrighted materials in the electronic world. The answer is that the DMCA has almost nothing to do with any of this. Sale prices, whether officially circulated in your bloated Sunday paper or leaked by someone who works for the store that sets them, are facts, and facts are not subject to copyright—no matter how distressing or inconvenient this may be for the firms involved.

      I say that the DMCA has almost nothing to do with this, because it was the DMCA that attorneys in the employ of Walmart, Target, et al brandished to threaten FatWallet and others, and it was the specter of the DMCA did the trick, at least it did with FatWallet. (Of course, you cant un-ring a bell, and this information is available on various other sites. I found mine here.

      Its not that Im set to march on Washington to battle for our rights to advance price lists—Id bet that a relatively tiny group of shoppers even seek out and utilize such lists, anyway.

      What troubles me is that the DMCA has become a sort of “Dune” killing word for the online world. Site operators are familiar with the DMCA, and they know that other sites have been forced to remove materials as a result of the DMCA.

      Corporations are demanding and, with the help of laws like the DMCA, are enjoying a degree of control over information, both copyrighted and non-copyrightable, that they have no right to expect or enjoy.

      A Wal-Mart spokesperson, quoted in the Buffalo News, offered a telling summary of the situation: “There were some sites that had information that belonged to Wal-Mart that was not released by Wal-Mart. We didnt think that was correct, and we notified those sites.”

      Were not talking about bootleg copies of Windows XP or pirated copies of “The Little Mermaid” here, were talking about facts. If eWEEK publishes a story scooping WidgetTechs plans to lay off thousands of its employees, no copyright act would empower WidgetTech to bully those facts from our site.

      If WidgetTech were to pursue a claim, we might, however, have to mount a defense to keep the information available. Even in such a frivolous matter, legal defense is awfully costly. For FatWallet, the prospect was deemed too costly to offer any resistance.

      In a free and open society, occasional inconveniences—like when Target has its customers and competitors find out too early that, come Nov. 29, Hot Wheels vehicles will be on sale for 49 cents apiece—is one of the prices we pay for maintaining our freedom.

      Were now in a public comment period in which we may tell the U.S. Copyright Office what we think about the “anticircumvention” section of the DMCA. This relates not to quashing information posted on the Web, but rather to limits on our ability to bypass copy-protection mechanisms in order to exercise fair use rights. Still, its an opportunity for us all to have a say in how were governed in the digital world.

      Read up on the DMCA—I suggest the Electronic Frontier Foundation as a start, and head over here to make yourself heard. Get cracking, because comments are due by Dec. 18.

      Want to come over for deep-fried turkey next year? RSVP at [email protected].

      Jason Brooks
      Jason Brooks
      As Editor in Chief of eWEEK Labs, Jason Brooks manages the Labs team and is responsible for eWEEK's print edition. Brooks joined eWEEK in 1999, and has covered wireless networking, office productivity suites, mobile devices, Windows, virtualization, and desktops and notebooks. Jason's coverage is currently focused on Linux and Unix operating systems, open-source software and licensing, cloud computing and Software as a Service.

      Get the Free Newsletter!

      Subscribe to Daily Tech Insider for top news, trends & analysis

      Get the Free Newsletter!

      Subscribe to Daily Tech Insider for top news, trends & analysis

      MOST POPULAR ARTICLES

      Artificial Intelligence

      9 Best AI 3D Generators You Need...

      Sam Rinko - June 25, 2024 0
      AI 3D Generators are powerful tools for many different industries. Discover the best AI 3D Generators, and learn which is best for your specific use case.
      Read more
      Cloud

      RingCentral Expands Its Collaboration Platform

      Zeus Kerravala - November 22, 2023 0
      RingCentral adds AI-enabled contact center and hybrid event products to its suite of collaboration services.
      Read more
      Artificial Intelligence

      8 Best AI Data Analytics Software &...

      Aminu Abdullahi - January 18, 2024 0
      Learn the top AI data analytics software to use. Compare AI data analytics solutions & features to make the best choice for your business.
      Read more
      Latest News

      Zeus Kerravala on Networking: Multicloud, 5G, and...

      James Maguire - December 16, 2022 0
      I spoke with Zeus Kerravala, industry analyst at ZK Research, about the rapid changes in enterprise networking, as tech advances and digital transformation prompt...
      Read more
      Video

      Datadog President Amit Agarwal on Trends in...

      James Maguire - November 11, 2022 0
      I spoke with Amit Agarwal, President of Datadog, about infrastructure observability, from current trends to key challenges to the future of this rapidly growing...
      Read more
      Logo

      eWeek has the latest technology news and analysis, buying guides, and product reviews for IT professionals and technology buyers. The site’s focus is on innovative solutions and covering in-depth technical content. eWeek stays on the cutting edge of technology news and IT trends through interviews and expert analysis. Gain insight from top innovators and thought leaders in the fields of IT, business, enterprise software, startups, and more.

      Facebook
      Linkedin
      RSS
      Twitter
      Youtube

      Advertisers

      Advertise with TechnologyAdvice on eWeek and our other IT-focused platforms.

      Advertise with Us

      Menu

      • About eWeek
      • Subscribe to our Newsletter
      • Latest News

      Our Brands

      • Privacy Policy
      • Terms
      • About
      • Contact
      • Advertise
      • Sitemap
      • California – Do Not Sell My Information

      Property of TechnologyAdvice.
      © 2024 TechnologyAdvice. All Rights Reserved

      Advertiser Disclosure: Some of the products that appear on this site are from companies from which TechnologyAdvice receives compensation. This compensation may impact how and where products appear on this site including, for example, the order in which they appear. TechnologyAdvice does not include all companies or all types of products available in the marketplace.