'Act'에 해당되는 글 2건

  1. 2009.03.26 DMCA by CEOinIRVINE
  2. 2008.10.24 Want a Loan? Act Responsibly by CEOinIRVINE

DMCA

IT 2009. 3. 26. 06:31

The Congress shall have Power...To promote the Progress of Science and useful Arts,by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.

United States Constitution, Article I, Section 8

The fountainhead of copyright law in the United States is this statement. It comes early in the Constitution and stands in august company along with other declarations relating to levying taxes, coining money, building roads, and waging war. Before penning this statement, the founding fathers debated long and hard over what "exclusive rights to writings and discoveries" should cover and how long those rights should last. The debate revolved around the balance between public good and the promotion of progress. The decision came down on the side of the public good.

From this simple declaration came the Copyright Act of 1790, and from that came a chain of extensions, amendments, replacements, and updates over the last 200 plus years. The end of that progression is the subject of this chapter, the Digital Millennium Copyright Act of 1998 (DMCA). It is thoroughly modern. Its language is peppered with technological terms from the modern age: words like encryption, digital media, and Internet. It targets modern behavior: software "cracking," digital file copying, and Internet file access. It answers to modern politics: lobbying by powerful entrenched interests with today's media-sensitive politicians.

It would be nice to think that those who govern today are still concerned about that balance that Washington, Jefferson, Madison, Adams, Franklin, and others fretted over. Yet it is increasingly evident that in today's world, Libra's scales are tipped in favor of promoting progress rather than insuring the public good.

The DMCA and its cousin, the Sonny Bono Copyright Extension Act, provide a case in point. These two pieces of legislation, passed by Congress within a week of each other, stretched U.S. copyright law into a new shape and shifted the balance between public good and business interests in the direction of a small group of wealthy, powerful copyright holders.

The government could use its powers and negotiating skills to mediate between the often conflicting interests of business and consumers—between the makers of CDs and the buyers of CD burners; between software publishers and dirt-poor graduate students; between Sony Pictures and the buyers of Sony DVD burners; between the music industry and the online downloaders.

But as you saw in Chapter 2, Is It Copyright or the Right to Copy?, you can go all the way back to England at the turn of the 18th century and find government swayed by political expediency and business interests in matters copyright. You also saw how it has become easier over the past 200 years to be remunerated for intellectual effort through copyright protection laws. Of course, few of those who actually create the work are reaping those rewards, since a concurrent trend has been to move copyright ownership from the hands of the artist or creator into those of the business entity that produces, manufactures, and markets the work. There are plenty of media and software millionaires and even billionaires. Those business entities, whether we're talking about music, movies, computer games, or computer software (or books for that matter), are well-heeled and powerful. Like any other life-form, they will go to nearly any length to protect their lifeblood assets. It's their duty to the species—er, stockholders.

Some argue that in the age of the Information Society, we need more protections for business, since information can be viewed as a corporate or economic asset. But others see in these laws unintended consequences that put the concept of intellectual property and the individual's rights to fair use of copyrighted media at risk.

Germany's chancellor Otto von Bismarck (1815–1898) is reputed to have quipped that making laws is like making sausages: The less one knows about the process, the more respect one has for the outcome. This particular sausage, the Digital Millennium Copyright Act, while tasty to the industry that lobbied for it, gives plenty of others indigestion.

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Posted by CEOinIRVINE
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As bankers claw their way out of the credit crunch, they're likely to get a lot more curious about our ability to repay loans. To do that, they'll no doubt search for statistical correlations between financial risk and our behavior in different realms—as shoppers, students, even drivers.

Indeed, quantitative analysts in major banks and researchers at credit risk companies are hard at work looking for ways to understand borrowers better. The logical first step is to pore over more of our data. Clark Abrahams, chief risk officer at SAS, a large software company that creates analytic programs for the banking industry, suggests lenders may one day take into account lots of nontraditional metrics, such as whether the borrower has a good reputation on eBay (EBAY) or pays cell-phone bills on time before deciding whether to extend credit.

At first blush, it may seem odd that banks need more data on borrowers. After all, mortgage bankers and credit-card companies feasted on financial data during the lending spree that helped inflate the housing bubble. Lenders studied individuals' borrowing and payment patterns and stuffed mailboxes with microtargeted pitches for new loans and credit cards. But they focused their analysis on the borrowers' appetite for credit—not on people's ability to afford it or the risk that they would default. New risk models, analysts say, are sure to call for more financial data, including revenue projections for each borrower. In other words, they'll want to know more about how much we make and how we spend it.

Ranking You on Responsibility

Already, marketers, advertisers, and political consultants are harvesting mountains of data about people and building sophisticated mathematical models to predict their behavior. "If they're smart, [bankers] will be using these techniques to figure out each customer's risk, and to give them customized offers," says Dave Morgan, founder of Tacoda, a behavioral targeting advertising company bought last year by Time Warner's (TWX) AOL.

A hot spot of this type of data study is at the San Rafael (Calif.) research labs of Fair Isaac (FIC), creator of the widely used FICO credit risk scores. In the short term, Fair Isaac is sifting through financial data to calculate not only each borrower's risk, but also how much debt each one can take on.

Looking further ahead, Fair Isaac predicts that based on analysis of our data, we'll each have scores that can predict far more than our financial behavior. Fair Isaac research fellow Larry Rosenberger speculates that one day, each of us will be scored for broad values such as "responsibility." Such a score, still years away, could be used to appraise a person's worthiness for a whole range of benefits, from housing loans to employment in a nursery school to rates on car insurance. Colleges might even find it useful in admissions decisions.

Looking for a Broader Read

And how would data-crunching companies come up with such scores? That's where new sources of data come in. According to Fair Isaac CEO Mark Greene, research indicates that "bad people are bad people are bad people." In other words, their behavior in one domain predicts what they might do in another. People who get in traffic accidents and don't pay their taxes on time, Greene says, "are often bad credit risks."

This means that more of our lives—our school records, for example, or claims made on insurance policies—could provide the data for broader responsibility scores.

Already, a number of industries have used Fair Isaac's FICO credit risk score for a broader read on a person's responsibility. The FICO score is based on limited data regarding credit and payment history. But it turned out to be a predictor for auto and home insurance claims. And recently Rosenberger was stunned to see a study pointing to a new correlation: People who pay their bills on time seem more likely to stick to exercise regimens at the health club. Could losing weight boost a person's responsibility score?

What's Your eBay Status?

This type of scoring may sound menacing. What's to stop banks from using nontraditional statistics to unearth measures that divide society ethnically and regionally, leading to new forms of discrimination, so-called red-lining. Let's say that analysts find that people who get new treads on car tires default on loans more often than those who buy new tires. Chances are, most of those economical drivers make less money and live in low-income neighborhoods. If so, the behavior may point to a demographic grouping. "We have to ask ourselves as a society [whether] we want to be making those calls," Abrahams says.

For now, reaching beyond standard financial statistics remains a research project. Use of "responsibility" scores, for one, will depend on privacy rules and regulations that societies develop, Fair Isaac says.

What's more, some of these new scores and metrics could prove helpful to customers. In a climate of tight credit, banks may be reluctant to lend to those who lack traditional credit histories. Incorporating new data, from school grades to one's status on eBay, could open doors for first-time borrowers.

But chances are, banks will also use these new sources of data to figure out the rest of us, too

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