[d at DCC] Help drafting new TPM petition for parliament

Russell McOrmond russell at flora.ca
Sun Jul 2 11:25:26 EDT 2006


Robin Millette wrote:
> Before I respond to Robert, I was wondering if the current petition
> isn't too long for a single sheet of paper. I'm sure you checked and
> this is a draft, but I wanted to make sure.

   It does fit on a page, although is currently a bit longer than our 
existing petition.  http://www.digital-copyright.ca/petition/

   We need to be more careful with this one, however, as we are 
introducing a concept that is quite different than what people normally 
think.   We are suggesting that with DRM there are two TPMs (content and 
devices), two relevant owners, and that only the owner should be able to 
put a TPM on what they own.

   This contradicts everyones experiences so far where TPMs are being 
applied by non-owners to devices (iPods, iTunes software, DVD players, 
etc,etc).



   What we are asking for strongly opposes the 1996 WIPO treaties which 
seek to circumvent the property rights of technology owners.

http://www.wipo.int/treaties/en/ip/wct/trtdocs_wo033.html#P87_12240

"Contracting Parties shall provide adequate legal protection and 
effective legal remedies against the circumvention of effective 
technological measures that are used by authors in connection with the 
exercise of their rights under this Treaty or the Berne Convention and 
that restrict acts, in respect of their works, which are not authorized 
by the authors concerned or permitted by law."

   How can a technical measure "restrict acts ... not authorized by the 
authors" without circumventing property rights of technology owners and 
allowing TPMs to be applied by copyright holders to devices?  Only 
something capable of following instructions, such as software code, can 
do such a thing: content cannot "run code", only devices can.


   We are asking for something pretty strong, which is that the property 
and other rights of technology owners be protected.

   But I don't know if the current petition wording adequately explains 
this, especially to those that need to be un-learn the brainwashing from 
the pro-DRM camp.


Note: The same type of comment came up in a reply about Defective By 
Design's call to ask Bono to stand with us: 
http://www.digital-copyright.ca/node/2523

-- 
  Russell McOrmond, Internet Consultant: <http://www.flora.ca/>
  2415+ Canadians oppose Bill C-60 which protects antiquated Recording,
  Movie and "software manufacturing" industries from modernization.
  Send a letter to your Canadian MP! --> http://digital-copyright.ca/


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