[DMCA-Activists] Re: DC 7/17: Tactic

[LG]

[sorry for the excessive CC, but I don't know who subscribes to which lists]

From: "Kevin Marks" <address@hidden>
>
> DRM destroys value, and is futile due to Church-Turing

DRM could be "good enough" using the kind of system that TCPA/
Palladium is considering (a TCB based on resonably tamper-proof
hardware).

The essential point, though, is that any DRM system that tries to
restrict use of a work after download (i.e., not intitial [network] access
but local access) is built on the premise that the cleartext must be kept
in a sealed box.

Even if someone makes a genuine effort to make a DRM system like
this that tries to reach only as far as copyright law itself (that is, allow 
fair
use), the premise that the plaintext must be hidden from the user implies
that any copying of material outside the box must be prevented - backups,
format conversions, personal copies etc have to be kept inside the box.

This will have a direct impact on self-archiving, making sure that the
book/movie/music you bought can be viewed on the equipment you
have in 10 years, etc.

A related problem is that (C) don't have many clear and bright
bondaries(sp?) that can be easily translated into digital rules.
(F.ex, try to make a DRM that allows citations when it is legal,
but denies it if it would be illegal according to law.)

> Markets don't work without trust (as Bush said yesterday). Trust your 
> customers.

"Traditional" copyright law didn't really affect the average citizen. If you
buy a book, you can basically do anything you like with it. "Traditional"
(C) is mainly an issue for authors, publishers, libraries and tv/radio
broadcasters. When we are moving to digital, copyright will become an
important part of the rules governing what the citizen can - or can not - do
in their private home.

They are basically making a law that will have a direct impact on the lives
of many million people - unless those people find the law to be sensible,
you will see massive copyright infringement and a decline in the respect for
copyright law out there. [Consider the 50MPH speed limit for an example]

Copyright is important, but over-extending the scope of the law will in the
long run damage the interests of rightholders as the public's respect for
the law will be shattered.

-- 
LarsG