[WSIS CS-Plenary] Re: [governance] [A2k] Re: [Wsis-pct] IP Justice Comment to IGF on Top Policy Issues forAthens

[Richard Stallman]

    The law (DADVSI) that is being discussed now in the French parliament
    states exactly the opposite.  It is legal to do it as free software,
    as long as it implements the same restrictions.  This passed the lower
    chamber (Assembl=E9e Nationale), and did not make the US Secretary for
    commerce (Mr Guttierez) very happy.

That is one piece of good news.

    and for a clarification :

      you use of the word "tivoize" refer to hardware encryption
      preventing users to run their own software on their machine.  Any
      reference to a precise definition, or a paper ?

Not necessarily encryption.  It could be checksumming, or signatures.
Any hardware mechanism to refuse to run modified versions is
what I refer to as "tivoization".

I coined the term a few months ago.  There is no formal citation.

    >  For instance, this is what the WIPO Broadcast Treaty is
    > designed to do.

    Can you send me more information on that :

    - where can I find the text of the treaty (sorry if it appeared on the
      list before : I cannot read everything)

    - what parts of the treaty actually deal with these issues.

Here it is.  His text is not a mere summary; it is actually copied
from the treaty.  The treaty's words are very simple.

After his message I enclose my message restating this
without pro-broadcaster propaganda.


Date: Mon, 06 Feb 2006 09:29:41 -0500
From: Seth Johnson <seth.johnson@RealMeasures.dyndns.org>
Organization: Real Measures
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Just a little condensation for reference:

What the Xcaster's Treaty Sets Up:

    * Right of Retransmission: The exclusive right of authorizing
the retransmission of broadcasts by any means

    * Right of Communication to the Public: The exclusive right
of authorizing communication to the public of broadcasts in
places accessible by entrance fees.

    * Right of Fixation: The exclusive right of authorizing the
fixation of broadcasts.

    * Right of Reproduction: The exclusive right of authorizing
the reproduction, in any manner or form, of fixations of
broadcasts.

    * Right of Distribution: The exclusive right of authorizing
making copies of fixations of broadcasts available to the public.

    * Right of Transmission Following Fixation: The exclusive
right of authorizing the transmission of broadcasts following
fixation.

    * Right of Making Available of Fixed Broadcasts: The
exclusive right of authorizing making broadcasts available, by
wire or wireless, to the public in a way that lets them access
them at times and places they choose.

    * Protection for Signals Prior to Broadcasting: Legal
protection against these same acts for signals prior to
broadcasting.

    * Term of Protection: 50 years from the year of the
broadcast.

    * Technological Measures: Legal protection against
circumventing technological measures used to exercise these
rights and restrict acts prohibited by broadcasters.

    * "Rights Management Information": Legal remedies against
removing or altering "rights management information," or
distributing, retransmitting, communicating or making available
to the public broadcasts with "rights management information"
removed.

    * Formalities: Not subject to formality; i.e., no requirement
to register to receive these rights.



Content-Type: text/plain; charset=3DISO-8859-15
From: "Richard M. Stallman" <rms@gnu.org>
To: Xcast-Group@RealMeasures.dyndns.org
In-reply-to: <MDAEMON-F200602060929.AA294255MD29539@realmeasures.dyndns.org=
>
=09(message from Seth Johnson on Mon, 06 Feb 2006 09:29:41 -0500)
Subject: Re: Simple List of Treaty Provisions
bcc: rms-outgoing@gnu.org
Reply-to: rms@gnu.org
References:  <MDAEMON-F200602060929.AA294255MD29539@realmeasures.dyndns.org=
>
--text follows this line--
I've rewritten the description of the treaty provisions to replace the
systematic bias in favor of broadcasters with similar bias in favor of
the public who will be restricted by the treaty.

If this languagelooks over-the top to you, and the official
description does not, that is a measure of the influence that the
broadcasters' PR campaign has had on your own view of these issues.


What the Xcaster's Treaty Sets Up:

    * Power of Retransmission: government-imposed control over
retransmission of broadcasts.

    * Power over Communication to the Public: government-imposed
control over showing broadcasts to the public in places accessible by
entrance fees.

    * Power over Recording: government-imposed control over whether
you can record a broadcast.

    * Power over Reproduction: government-imposed control over your
right to copy recordings of broadcasts.

    * Power over Distribution: government-imposed control over whether
you can distribute copies of recorded broadcasts to the public.

    * Power over Transmission Following Recording: government-imposed
control over whether you can transmit recordings of broadcasts (for
instance, send them over the internet).

    * Power over Making Available of Recorded Broadcasts:
government-imposed control over whether you can put a recorded broadcast
in a place where the public can look at it when they want to.

    * Power over Signals Prior to Broadcasting: A series of similar
legal powers over those use of signals that are mean to be broadcasted.

    * Duration of These Powers: 50 years from the year of the
broadcast.

    * Technological Restriction Measures: Power to forbid
circumvention of technological restriction measures used to
prevent the public from doing any of those things.

    * Restrictions Management Information: Legal penalties for
removing or altering "restrictions management information," or
distributing, retransmitting, communicating or making available to the
public broadcasts with "restrictions management information" removed.

    * Formalities: None; i.e., no requirement for broadcasters to
to register in order to wield these powers.