Alex Hudson home@alexhudson.com writes:
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.
[...] In that way, I don't really care how effective or not the device is
- the fact that it is there is the problem.
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. As the DVD fiasco shows, most people don't give a damn about only being able to watch movies where and when the movie makers say.
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.
Cheers,
Alex.
--
MJ Ray markj@cloaked.freeserve.co.uk schrieb/wrote:
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 ...
Absolutly not. This is what the copyright owners[2] want to make you think but it just is not the true legal situation:
The copyright does only cover some types of usage: making verbatim copies and public performance. To this general rule, there are exceptions often referred to as "fair use"[1].
For private performance or whatever falls under fair use, you do not need a licence nor can the copyright owner restrict that.
Only if you want to use the copyrighted work in a way that is not already allowed due to exemptions of copyright do you need a licence.
Claus
[1] What constitutes fair use is usually different in each legislation. [2] I'll just use the term "copyright". But remember that in Continental Europe the whole copyright system differs a bit.