hey everybody how's it going hope you're
having a lovely Tuesday morning today
I'd like to discuss the dmca section 121
of the dmca and a very interesting group
of people that appear to be supporting
section 121 of the dmca the dmca is not
all bad I know before you scream at me
it's nice to have a framework in place
so that instead of an entire website or
platform being shut down you have a
system to request the removal of
specific works if somebody uploads
something copyrighted to YouTube you
don't take down YouTube you take down
that one work that kind of makes sense
section 121 not so much section 121 is
the part that pretty much makes it
illegal to try and crack DRM
functionally speaking if you read this
act that's what it comes down to the
circumvention of copyright Protection
Systems no person shall circumvent a
technological measure that effectively
controls access to a work protected
under this title and when you scroll
down it'll say as using this subsection
to circumvent a technological measure
means to Des scramble a scrambled work
to decrypt an encrypted work or
otherwise avoid bypass remove deactivate
or impair a technological measure
without theth authority of the copyright
owner and a technological measure
effectively controls access to a work if
the measure in the ordinary course of
its operation requires the application
of information or a process or treatment
with the authority of the copyright
owner to gain access to the work a
common example of this would be your dis
drive or your laser failing inside of
your game console when that fails it
would be really nice if it was easy to
repair it you have to send it back to
the manufacturer now there are people
that would like to crack the system but
it's essentially according to this
literally illegal for them to do so
which allows the manufacturer to have a
monopoly on repair many people have
asked when it comes to right to repair
why don't we just engineer our own stuff
why don't we get our hands dirty rather
than complain and ask the manufacturer
for help why don't we reverse engineer
these products and create our own
Solutions and for many Industries one of
the reasons that people don't do that is
because the people smart enough to do
that don't want to end up in jail
because of section 121 of the dmca in my
opinion you should be allowed to pick a
digital lock on a product that you
purchased if you bought it you own it
and somebody else should not be able to
lock that product that you bought in
paid for so that you cannot fix it when
something goes wrong with it section 121
of the dmca needs to go being able to
rip DVDs was really cool so that you
could put it on your iPod video if
you're really a cool person and not one
of the people that just buys an iPod you
had a you had a CO A2 back in the day
that's right when I rip my DVDs I put
them on the Cohen A2 that thing had a 20
gbyte hard drive and could play videos
at 480 by 272 resolution without having
to trans code from popular
formats awesome but in all series
section 121 of the dmca sucks because
the person that created the tools that
allowed me to take a DVD that I already
paid for and legally own and put it onto
that rather than having to carry 20 DVDs
in a portable DVD player technically
technically broke the law and to me
that's disgusting I've paid lobbyists
and I've also paid organizations that
are doing their best to try and get
section 121 of the dmca weakened as much
as possible for repair so that repair
people can do what they need to do
without having to worry about getting
arrested if they break a digital lock
and you can hear more about that here or
in this 30- minute long interview I did
with Nathan Proctor now there is a group
of people that seem to be supporting
section 121 of the dmca that are quite
mad that that people are trying to
create these repair exemptions and that
seems to be people representing the
literary theatrical and musical works of
elron hubard AKA Scientology this is a
letter that was sent to the US copyright
office dear sir thank you for the
opportunity to provide comments the
following comments are made in response
to the above reference notice of inquiry
specifically we would like to oppose
renewal in its present form of blah blah
namely the exemption of computer
programs that are contained in and
control the functioning of a lawfully
acquired device that is primarily
designed for use by consumers when
circumvention is a necessary step to
allow the diagnosis maintenance or
repair of such a device and is not
accomplished for the purpose of gaining
access to other copyrighted works let me
repeat that they are opposing an
exemption that are contained in and
control the functioning of a lawfully
acquired device meaning that you you
bought it you paid for it you own it
that is primarily designed for use by
consumers again we're not talking about
medical devices we're not talking about
pacemakers we're not talking about heavy
Industrial Equipment we're talking about
your Xbox here when circumvention is a
necessary step to allow the diagnosis
maintenance or repair of such a device
and is not accomplished for the purpose
of gaining access to other copyrighted
Works literally let's make this device
work again the bare minimum necessary to
break a digital lock so that you can
make the device work again no piracy
nothing else not Industrial Equipment
not Medical equipment you own it this is
as milk toast as it gets and they oppose
it many consumer devices are sold in the
open market to ordinary consumers and
are accompanied by unilateral shrink
wrap licenses governing the terms of use
of the software contained within the
device we have no objection to the
exemption as applied to these consumer
devices to allow consumers to repair
products in their own initiative other
devices however can only be purchased
and used by someone who possesses
particular qualifications or has been
specifically trained in the use of that
device such as the Scientology eer this
is a very interesting little device
right over here and tell me if I'm
missing something here this is from 1951
but I'm fairly certain this is an OHM
meter this is a device for measuring and
indicating changes in the resistance of
a living body
AKA an oh
meter this
is this is an OHM
meter
like if there's an electrical engineer
watching that wants to correct me you're
welcome to but this this does not seem
like something that requires specialized
training that's an OM meter that's put
together to in my opinion trick people
into believing that they're actually
reading something of value off of the
little indicator on that device when in
reality it's it's an OM meter in such
cases the license agreement regarding
the use of the software that controls
the device is not a unilateral shrink
wrap license but rather is negotiated
and agreed to in advance of the purchase
of the device such agreements May impose
restrictions on transfer and use of the
device itself as well as restrictions on
the use of the control controlling
software in many cases such restrictions
are essential to ensuring the safe and
proper use of the device which is
essential for the device manufacturer to
maintain its reputation and Goodwill
okay somebody tell me the unsafe method
to use this thing and let's get back to
this other line over here which is
essential for the device manufacturer to
maintain his reputation and
Goodwill once somebody has purchased a
device if I bought an e- meter that is
my eer I am allowed to do whatever I
want to that e- meter if I wish to
maintain it or ser it I can if I wish to
calibrate it differently I can if I wish
to change the values of the resistors of
the transistors in that eer I can if I
want to shove that thing up my ass I
bought it I paid for it I should be
allowed to shove it up my ass on camera
in all seriousness this is a mentality
that in my opinion has to go away the
reputation of the manufacturer will be
harmed if you put a different brand of
brake pads or tires on your Ford F-150
you should not be allowed to change the
stock tires on your Ford F-150 if you
put cheaper tires on and it breaks and
it smashes into the car in front of you
in a winter storm that's going to
negatively affect the reputation of Ford
because that vehicle had a Ford logo on
it get out of here with that we do
not believe during the eighth triennial
proceeding in which the copyright office
approved this exemption the copyright
office considered this type of device
that requires specific training and is
sold only following negotiation and
execution of a license agreement
permitting circumvention of TPMS in this
category of devices would undermine
manufacturers ability to control both
their reputation in their software and
the exemption could be interpreted as
voiding certain terms in the license
agreements negotiated prior to the
purchase of such devices in this way the
exemption would adversely affect
businesses selling the category of
devices described above the exemption
might directly contradict the terms of
the negotiated pre- purchase license
undermining the business's ability to
control the reputation of that and that
of their products we respectfully submit
that this exemption should be amended to
make clear that it does not apply to
devices containing computer programs
that control their function when one the
device may only be purchased by someone
who possesses particular qualifications
and/or has been specifically ly trained
in the use of the device and two the use
of such computer programs is governed by
a license agreement negotiated and
executed prior to purchase of the
device AKA right to repair as long as
there is not this one paragraph in the
Ula that every manufacturer would copy
and paste into their Ula so that you
effectively don't have right to
repair it doesn't matter what they
actually write in the law if there's a
loophole in the law that says if this
little piece of text exists in the Ula
then you no longer have this right think
of it like signing away your rights to a
jury trial via forced
arbitration that's just going to be
another line in another 108 page Ula
that's written in size 3 fond that
nobody's going to read and even if they
do read in many cases every single
manufacturer is just going to have it in
there so does it really matter in that
case you will have no choice unless you
wish to essentially manufacture all of
your own products hardware and
software because that loophole will
exist I don't think that loophole should
exist because it would result in this
being functionally useless specifically
we propose amending the exemption to
read as follows computer programs that
are contained in and control the
functioning of a lawfully acquired
device that is primarily designed for
use by consumers when circumvention is a
necessary step to allow the diagnosis
maintenance or repair of such a device
and is not accomplished for the purpose
of gaining access to other copyrighted
works this exemption shall not apply to
devices the purchase of which is
restricted either by law or its applier
to persons that possess the particular
qualifications and slor has been
specifically trained in the use of the
device and two the use of such computer
programs is governed by a license
agreement negotiated and executed prior
to the purchase of the device if there
is any further information I can provide
please let me know I and can be
contacted at the above address and the
phone number or emailed at Ryland
aervices inc.com very truly yours Ryland
Hawkins with a very Chad
signature that element is going to be
included in the license agreement of
virtually everything that you purchase
if this loophole were allowed which is
why I think that loophole should not be
allowed or considered as I said I have
both directly funded lobbyists and
directly funded other groups that are
looking to do away with much of section
121 of the dmca I talk about that here
and I talk about that in my 30 minute
long interview with Nathan Proctor whose
organization I've also provided
considerable funding to as well as the
lobbyist that we have handpicked
together to try and really kind of smack
121
down but these people scare
me again let's just review the history
of Scientology here because I see a lot
of people laugh at in the media oh yeah
Scientology oh don't they make that
silly meter thing oh who cares about no
man no I've gone up against politicians
I've gone up against politicians again
and again I've gone up against large
companies like apple I am happy to throw
politicians or companies under the bus
when they do something
wrong I don't want to deal with these
people let's just read a little bit of
what Scientology is known for in the
course of a 37-year dispute with the IRS
the church was reported to have used or
planned to employ blackmail burglary
criminal conspiracy Eve dropping
Espionage falsification of Records fraud
front groups harassment money smuggling
obstruction of audits political and
media campaigns tax evasion theft
investigations of individual IRS
officials in the instigation of more
than 2500 lawsuits in its efforts to get
its tax exemption reinstated a number of
the church's most senior officials
including hub's wife were eventually
convicted and jailed for crimes against
the United States government related to
its anti- IRS campaign in spite of that
campaign that lasted for 37 years and in
spite of them losing in court many times
they undertook negotiations with the IRS
from 1991 to find a settlement in
October of 1993 the church and the IRS
reached an agreement under which the
church discontinued all of its
litigation against the IRS and paid
$12.5 million to settle a tax debt said
to be around a billion
dollar that that's
1% imagine the IRS coming to you and
saying that you owe them $5,000 and you
just torturing them for 37 years until
they say you know what we'll settle for
50
bucks that doesn't happen in the history
of the United States how often has that
happened or the concept of fair game
let's go into that the term fair game is
used to describe policies and practices
carried out by the Church of Scientology
towards people and groups it perceives
as its enemies founder of Scientology
elron hubard established the policy in
the 1950s in response to criticism both
from within and outside his organization
individuals and groups who are fair game
are judged to be a threat to the church
and according to policy can be punished
and harassed using any and all means
possible in 1968 Hubbert officially
canceled use of the term fair game
because of negative public relations it
caused although the church's aggressive
response to criticism continued applying
the principles of Fair Game hovert and
his followers targeted many individuals
as well as government officials and
agencies including a program of covert
and illegal infiltration of the IRS and
other United States government agencies
during the 1970s they also conducted
private investigation character
assassination and legal action against
the church's critics in the media the
policy remains in effect and has been
defended by the Church of Scientology as
a core religious practice not even
getting into the subject of where is
David miscavage
wife the person who runs this
organization's wife has not been seen
since 2007 the last time Shel was seen
in public was at her father's funeral in
2007 pictures of her attending this
function serviced online however she has
not been photographed since Mark heedley
a former Scientologist who has been
spoken critically of the church told
vany fair in 2014 that Shel was once a
top aid for the religious group but was
stripped of her duties and carefully
watched by a hand during her father's
service when another church member
followed Shel into the bathroom and
asked her for help he Le alleged Shelly
said listen to me I effed up and I'm not
going to be able to help
you has anybody seen this woman for the
past 16
years would be good to
know here's the
thing going up against politicians sure
going up against the trillion dollar
company that's just fine going up
against New York State Department of
Taxation and Finance I will do that and
I will publish the results for all of
you to see going up against
Scientology I didn't sign up for that
and can I be completely honest with you
for a moment here I'm a liar I've always
been a liar there's something that I
said seven years ago and I even printed
out merchandise that said it it said
schematics or die I was not expecting to
have to test this at any point in time
maybe I should edit it to schematics or
disappear I don't want to disappear I'm
sorry I like you guys I like the concept
of hardware and software ownership I
like the idea of living in a repairable
world I don't want to disappear don't
want to get blackmailed don't want to
have people standing outside my door all
day looking to dig up dirt on me
torturing me for 30 years until I leave
them alone Apple easy New York state
government easy breezy Nebraska
politicians that screw over Farmers I
will be a thorn in their side every
single day I'll be happy happy to be
there these
people they scare me they scare me to
the point that I don't even think my
mouse ped would protect me again when I
wrote this schematics should die this
was written to ensure that I do not
accept a compromise it
was never expected to test that whole
thing I don't want to die and I don't
want to disappear
either where is David miscavage his wife
can anybody tell me where she is before
I reup my Lobby in contract to get rid
of section 121 of the
dmca
picture phone
call that's it for today and as always I
hope you learned something if you're
interested in getting these limited
edition prints which may be very limited
edition prints if I disappear go over to
store. rosand group.com where you can
buy this mouse P for $14.99 we also have
t-shirts that say schematics or die
featuring Clint and the cat this is the
original Clint and the cat photo that I
had printed on these mouse pads
something like 7 years ago off of a Moto
G second generation phone when he was
yelling at me very angrily the new one
may come out differently the Press has
always come out a little little
differently I'm not sure how they're
going to deal with the photo of Mr
Clinton because the original photo of Mr
Clinton had the thing that he was
sitting on I'm not really sure if
they're going to be able to get rid of
that and there's also going to be a logo
on the bottom of the mouse pad the
shirts will not come with a logo the
shirts will remain logoless the mouse
pads will have a Rossman repair group
logo on them they will be available for
a limited time again I'm hoping it's a
limited time not a very limited time if
you know what I'm saying and uh that's
about that that's it for today and as
always I hope you learned something
store. Rossman group.com for when no
company's willing to sponsor you you
sponsor yourself see you in the next
video bye now