[WSIS CS-Plenary] Re: [governance] [A2k] Re: [Wsis-pct] IP Justice
Comment to IGF on Top Policy Issues forAthens
Seth Johnson
seth.johnson@RealMeasures.dyndns.org
Thu Apr 6 08:26:06 2006
Richard Stallman wrote:
>
> 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.
It would be good to have a link to an article on the TiVO
describing the functions.
> > 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.
Well, some streamlining, but with fidelity to its original
language.
Here's CPTech's page on the Treaty:
> http://www.cptech.org/ip/wipo/bt/index.html
But the summaries below will tell you what's in it quickly.
Seth
> 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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> Subject: [Xcast-Group] Simple List of Treaty Provisions
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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=ISO-8859-15
> From: "Richard M. Stallman" <rms@gnu.org>
> To: Xcast-Group@RealMeasures.dyndns.org
> In-reply-to: <MDAEMON-F200602060929.AA294255MD29539@realmeasures.dyndns.org>
> (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.
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