Rules For The Revolution: The Podcast

Answering your questions about podcasting, new media and the law.

Episode 004: The DMCA (part 1)

Click on this link to listen to Episode 004 or subscribe and listen through iTunes.


Host: Colette Vogele

Guest: Jason Schultz, Electronic Frontier Foundation
Jason Schultz, EFF staff attorney
Jason is a staff attorney for the EFF specializing in intellectual property and reverse engineering. He currently leads EFF’s Patent Busting Project and also teaches graduate classes on Cyberlaw at UC Berkeley’s Boalt Hall School of Law and School of Information.

Topic for Episode 004: In this episode, Jason discusses the Digital Millenium Copyright Act (the “DMCA”) and how podcasters and video bloggers are affected by this law enacted nearly 10 years ago. We start with some background on how the DMCA came about in 1998, then turn to discussing the two key provisions of the act — anti-circumvention (17 U.S.C. §1201) and notice/takedown/safe-harbor rules (17 U.S.C. §512). This episode mostly focuses on the anti-circumvention issues faced by video bloggers and podcaters, while next week’s episode will break down the notice and takedown process of section 512.

Links for this Episode

  • EFF’s description of DMCA rulings etc.
  • Copyright Office’s Summary of the DMCA (issued Dec. 1998) (note: this is a pdf)
  • EFF FAQ on IP (scroll down to learn more about section 512)
  • Copyright Office Rulemaking on Exemptions from Prohibition on Circumvention of Tech. Measures that Control Access to Copyrighted Works
  • Brewster Kahle/Internet Archive’s ruling to allow circumvention measures
  • CIS’s victory regarding cell phone unlocking
  • Copyright Office’s Ruling on new circumvention exemptions
  • Chaimberlain v. Skylink (garage door opener case)
  • Background: To get more general background information on the DMCA follow these links:

  • Wikipedia entry on DMCA
  • Jessica Litman’s Digital Copyright
  • As always, you can reference the The Podcasting Legal Guide: Rules for the Revolution for more information on legal questions related to podcasting.

    Credits: Benjamin A. Costa, Legal and Production Intern. Music for this episode is licensed from Magnatune. (Artist: Burnshee Thornside; Album: The Art Of Not Blending In; Song: Can I Be A Star.) Special thanks to Creative Commons and Alex Roberts for the logo design, and to Bill Streeter for getting this site designed and rolling for us.

    Feedback: We would very much like to hear from you and get your feedback on this new podcast series. Things you like, don’t like, or questions you have that you’d like answered in a future episode are welcome. Please send us your feedback and questions by emailing us at colette [at] rulesfortherevolution [dot] com or by calling our listener comment line at 206-350-5738.

    The original content of this work is licensed under a Creative Commons Attribution-Noncommercial-Share Alike 2.5 License. Please attribute legal copies of this work to “Colette Vogele, Rules for the Revolution: The Podcast”.
    Creative Commons License

    1 comment

    1 Comment so far

    1. Bruce McKinnon February 14th, 2007 3:09 pm

      Hi Collette,

      Thanks for putting together this podcast. I wish it was around a year ago, when I first started podcasting, but it’s at least nice to know I’m reasonably on the right track CC-wise.

      I’ve just got one request to make. The topics are fantastic, but sometimes the volume levels between your voice and your guest make it hard to listen to in an office (it’s either too loud or too soft).

      Apart from that, it’s all good, and I hope there’ll be many more R4R in the future.

      Cheers, Bruce.