WIPO Copyright Treaty - Worldwide DMCA (was: European DMCA)

home at alexhudson.com home at alexhudson.com
Tue Aug 7 10:06:46 UTC 2001

On Tue, Aug 07, 2001 at 10:27:00AM +0100, MJ Ray wrote:
> > You could probably say the same about locks - given people can pick [...]
> I don't think this metaphor helps.  The point I was trying to make is
> that the statement as it stands is actually fairly meaningless because
> there are no effective technological measures.

You're surely not arguing against the DMCA on the basis that materials can
always be hacked, though?

> Indeed, but the problem is that you are only given a licence by the
> copyright holder to use the content.  What conditions that they put on
> it is up to them and your only choice is to not purchase if you don't
> like the terms.

Exactly the problem - except, my problem is not with the licence of use per
se, but with the exemptions from IP. For example, you don't need to licence
IP if you wish to perform research on it. I think a case can also be made
for restricting IP licence terms (i.e., IP licensing should be only that -
it shouldn't have side-effects such as governing method of access, etc.),
and ensuring that licensing is fair and equitable.

To make an example, I have no problems with Adobe's e-book specification,
except that it is closed. The actual act of encryption, protection, etc., is
fine by me. Of course we realise now why it is closed - it bears no
examination ;) - but the spec. should be open to allow fair use of licensed
material. It's the same with my Sharp minidiscman (a point well made by
others too) - it has a SP-DIF in, but none out. SCMS (the copyright
management system) gets equally applied to my home material as it does
recorded CDs. There's no reason for that to impinge on my freedoms. 




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