[info at fsf.org: You can now register as a DMCA agent without using nonfree JavaScript]

Tue Nov 14 13:16:56 PST 2017

The subject of this email from the FSF is so catchy one is inclined
to read the email.

 "How can this be?" rings around the web.

And yes, it is what it suggests it is. But it's still perhaps not
what one might think it is :)

Learning something every day ...
Z

----- Forwarded message from "Donald Robertson, III, FSF" <info at fsf.org> -----

From: "Donald Robertson, III, FSF" <info at fsf.org>
Date: Tue, 14 Nov 2017 07:45:52 -0500
Subject: You can now register as a DMCA agent without using nonfree JavaScript

Read online: <https://www.fsf.org/blogs/licensing/you-can-now-register-as-a-dmca-agent-without-using-nonfree-javascript>

Dear Free Software Supporter,

With the deadline for registering as a DMCA agent looming at the end
of the year, these two add-ons allow you to register without the use
of nonfree JavaScript.

Users shouldn't be forced to use nonfree software when interacting
with their own government. Every user has the right to control their
own computing, and the government shouldn't force you to download
and install proprietary software just to take advantage of its
services. But when it comes to registering as an agent under the
Digital Millenium Copyright Act (DMCA) in the United States, that's
exactly what the government expects you to do.

Users are likely familiar with the DMCA's more draconian aspects,
namely the creation of legal penalties for circumventing [Digital
Restrictions Management][0]. The Free Software Foundation's Defective
by Design campaign is [fighting][1] to end that nightmare and repeal
that part of the law. But like many laws, it's crammed full of a wide
variety of provisions, the anti-circumvention rules being only one of
them.

[0]: https://www.defectivebydesign.org/what_is_drm_digital_restrictions_management
[1]: https://www.defectivebydesign.org/DMCA-exemption-commenting-process-broken

Another piece of the law creates what are known as the safe harbor
provisions. These rules set out some steps that maintainers of Web
sites can take to avoid liability when a user of their site uploads
potentially infringing copyrighted materials. The main provision here
is that if a copyright holder finds their work on your site without
their permission, they can submit a take down notice to an agent
registered for your site. This agent can then remove the work, thus
avoiding liability for the potentially infringing
distribution. Without this safe harbor, the site maintainer could
potentially be sued.

While this safe harbor rule can lead to abuse, with improper take
downs, it also allows maintainers of Web sites to permit their users
to share works. If the rule wasn't in place, it would be too dangerous
to accept such uploads without reviewing each work -- something most
Web sites can't afford to do. The Free Software Foundation takes
advantage of the safe harbor provisions to ensure that we can continue
to share software created and uploaded by free software developers, or
to share information like that found in the [Free Software
Directory][2], or to help people organize locally via
[LibrePlanet.org][3].

[2]: https://directory.fsf.org/ 
[3]: https://libreplanet.org/

As mentioned before, though, taking advantage of the safe harbor
provisions requires having an agent to accept the notices. This is
where the problem arises. The U.S. Copyright Office is now requiring
Web site maintainers to re-register using
<https://www.copyright.gov/dmca-directory/> by December 31st of
2017. This site, [like many others that the Copyright Office requires
use of][4], is lousy with nonfree [JavaScript][5]. Unlike the server
software you may interact with when visiting any Web site, JavaScript
is actually downloaded and run on your machine. Like any proprietary
software, it does not serve the user, and cannot be trusted. Users
must avoid nonfree JavaScript just as they would avoid any piece of
proprietary software. But if they want to continue to enjoy safe
harbor provisions, they must allow this intrusion onto their computer.

[4]: https://www.defectivebydesign.org/blog/it_isnt_just_dmca_broken_beyond_repair
[5]: https://www.gnu.org/philosophy/javascript-trap

The Free Software Foundation reached out to the Copyright Office with
these issues, and we still hope to work out a solution with them for
the long term. But with the deadline coming up, we had to fix it
ourselves. We collaborated with a volunteer to develop a workaround
that allows you to register using only free software. The fix requires
installing two freely licensed add-ons, [Register DMCA claim contacts
w/o bad Javascript][6] and [Automatically reveal hidden HTML
elements][7]. These add-ons, when used with [GNU LibreJS][8], allow
anyone who needs to register as a DMCA agent to do so without loading
the harmful nonfree JavaScript.

[6]: https://addons.mozilla.org/en-US/firefox/addon/librejs-compatible-pay-gov/
[7]: https://addons.mozilla.org/en-US/firefox/addon/submit-me/ 
[8]: https://www.gnu.org/software/librejs/

There are still a few quirks that are being hammered out. Currently
you have to add alternate names by uploading a document rather than
filling in a text field. The only document type that they will accept
is Excel, a proprietary format, but users can create documents in that
format using [LibreOffice][9]. It's not a perfect solution, but it
does enable users to actually complete the entire registration process
using only free software. We will also be talking with the Copyright
Office about supporting better formats. That is one of the beautiful
things about free software: when people see a problem and have control
over their own tools, they have the power to come together and make
things right.

[9]: https://directory.fsf.org/wiki/LibreOffice

Users have a right to control their own computing. Governments
everywhere should ensure that participating in any program they
provide does not require the use of nonfree software. But where
governments are slow to react, we all have to work together to route
around the threat of proprietary software. Here's what you can do to
help:

* Spread the word to any Web site maintainers you know that they can
register using free software.  
* Use the add-ons to register for your own sites, and let us know you 
did by emailing us at <licensing at fsf.org>.  
* Help improve [GNU LibreJS][8].  
* Support the work of the Free Software Foundation by [donating][10] 
or [becoming a member][11].

[10]: https://www.fsf.org/donate
[11]: https://www.fsf.org/join
Sincerely,  
Donald Robertson, III
Licensing and Compliance Manager  

-- 
* Follow us at <https://status.fsf.org/fsf>. 
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Sent from the Free Software Foundation,

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----- End forwarded message -----