[Fsfe-ie] Copyright consultation
Ben North
ben at redfrontdoor.org
Wed Jun 29 00:11:36 CEST 2011
Evening all,
Could I have some feedback on the below, at this stage at the level of
overall points and structure? (Rather than 'I think "essential" is
better than "vital"' etc.)
Thanks,
Ben.
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A research report by the EFF,
Unintended Consequences: Twelve Years under the DMCA
http://www.eff.org/wp/unintended-consequences-under-dmca
documents a good range of abuses in the US of the analogous legislation.
I've taken an example or two from it below. I'm undecided as to whether
we should include a copy with our submission.
------------------------------------------------------------------------
Letter:
What are our points? I think:
Fair use: put back the 'fair use trumps DRM' principle. Free SW is
'right to create own tools to use legitimately-purchased material in our
own 'fair dealing' ways'.
Innovation: cite some examples of abuse of the DMCA to hinder
innovation, ideally keeping a Free Software angle. What do we want? A
general 'interoperability / competition' right?
Research: chill on publishing discussion security vulnerabilities.
------------------------------------------------------------------------
The headings in [] are for our own use in thinking about the draft,
although could possibly be left in.
Stuff in {{}} needs filling in or deciding about. Wording needs
tweaking throughout.
------------------------------------------------------------------------
Dear NNN,
We would like to respond to the minister's invitation for
submissions regarding a review of copyright and related rights.
[Who are IFSO? What is Free Software?]
The Irish Free Software Organisation represents the interests of
Free Software in Ireland --- the 'Free' refers to freedom rather
than price. Free Software confers on its users the right to run,
study, change and distribute it. A great deal of innovation and
technological progress has been made possible by Free Software, such
as {{ABC, XYZ; Android phones?}} Vital for Ireland's reputation as
an innovative economy is the freedom to rapidly innovate, building
on earlier work. Also {{esp. 'young'?}} people need to be able to
study and learn from existing software to best become good at
writing their own. Free Software should play a central role in this
process.
[Seize chance to prevent abuses of 'anti-circumvention'; restore balance
with public's rights.]
IFSO acknowledges the need to prevent commercial-scale copyright
infringement. At the same time, the public's rights must also be
protected. We consider that the 'anti-circumvention' bits in the
current law strike the wrong balance, and urge the minister to
reform the law in the following ways.
[We can learn from the US experience with its DMCA; EFF report.]
In many ways our European and Irish legislation is similar to the
Digital Millennium Copyright Act in the USA. We can therefore take
some lessons from the USA's experience, where the anti-circumvention
bits have been abused to the detriment of the public, and also
innovation and competition.
[Fair use is good; ensure not neutered by DRM.]
We welcome the minister's reference to a US-style 'fair use'
doctrine. We urge him to learn from the unintended consequences of
their DCMA legislation. Purchasers of, for example, DVDs have fair
use rights, but cannot exercise them because of the encryption on
DVDs. Creators of tools for unlocking DVDs, restoring consumers'
ability to exercise their fair-use rights, have been sued, and
products withdrawn. The public suffers. We urge the minister to
reinstate the principle of s.374 of the Copyright and Related Rights
Act, 2000, which ensured that 'permitted acts' overruled 'rights
protection measures'.
{{Want to write our own software to make fair use of material we've
legitimately purchased.}}
[Innovation is harmed by (even threat of) DMCA-style suits.]
Increasingly, computer software plays a role in products. In the
US, this has opened the door to abuses of the DMCA, with the result
that beneficial innovation and competition is hindered.
For example, the printer manufacturer Lexmark, aiming to maintain
its monopoly position in the lucrative market for refills, sued
under the DMCA to prevent distribution of a component which would
have enabled other manufacturers to create compatible refills.
Although many of these cases were ultimately resolved in favour of
the innovator, the fear that a potential innovator might be drawn
into a very costly legal battle has a chilling effect on innovation.
{{We urge the minister to ensure that innovation, in the offering of
products which have legitimate uses, is not threatened. Any
concrete suggestion we can make?}}
[Academic research is harmed by (even threat of) DMCA-style suits.]
Especially in the area of computer security, high-quality academic
research has often been suppressed because it exposes flaws in
somebody's product. It is generally accepted that computer
security, vital in this age where more and more business is
conducted online, is advanced by full and open discussions.
Manufacturers have historically been very poor at fixing flaws,
thereby leaving their customers vulnerable, until the flaws are made
public. We urge the adoption of the principle that the carrying
out, publication and discussion of research is permitted, even when
it is inconvenient for particular manufacturers.
[People should 'own' their devices.]
Another area where DRM-style restrictions impede innovation is in
software for appliances / devices. Members of the public should
have the right to write and run their own software on devices they
own, but this is often legally risky under the current framework.
{{Is the recent Sony case a good or bad example? Don't want to be
seen as encouraging 'piracy'.}}
Use this opportunity to bring clarity to the right to reverse
engineer in order to build compatible devices / software. Closed
systems hamper innovation and competition. True when the
'closedness' is technical, but even more so when there are legal
threats.
Thank you for your consideration of this submission.
IFSO.
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