[IP] more on "DRM"
Begin forwarded message:
From: Seth Johnson <seth.johnson@xxxxxxxxxxxxxxxxxxxxxxx>
Date: June 16, 2005 10:43:15 AM EDT
To: dave@xxxxxxxxxx
Subject: Re: [IP] more on "DRM"
Hello David,
Simon's phrasing "Constitutionally protected Rights" encapsulates
his deception. There's nothing in the Constitution that
"protects" the rights granted under the exclusive rights clause
in the sense people usually think of rights protected by a
Constitution. The part of the clause he leaves out is "The
Congress shall have Power . . . " -- which demonstrates that the
Rights in question are statutory, not the fundamental rights one
might think he's presenting language in support of.
We settled this question with our first major Supreme Court
copyright case, Wheaton v. Peters. The fact that it's up to
Congress to devise what exclusive rights policy will best promote
the progress of science and the useful arts, is a bubble many
"DRM" proponents would like to burst.
The term "DRM" works the same sort of deception.
Seth Johnson
David Farber wrote:
Begin forwarded message:
From: Simon Higgs <simon@xxxxxxxxx>
Date: June 15, 2005 4:17:47 PM EDT
To: dave@xxxxxxxxxx
Cc: mradin@xxxxxxxxxxxx
Subject: Fwd: [IP] "DRM"
Peggy,
Sorry to burst a bubble, but the word "Right" has a specific meaning.
There would be no Creative Commons without the word "Right" being
etched in this old piece of parchment:
THE UNITED STATES CONSTITUTION
Article 1.
Section. 8.
Clause 8: To promote the Progress of Science and useful Arts, by
securing for limited Times to Authors and Inventors the exclusive
Right to their respective Writings and Discoveries;
http://www.house.gov/Constitution/Constitution.html
On the other hand, Technological Protection Measures are what
exactly? Firewalls? Fuses? Overload shutdown circuits? Electronic
prophylactics? Helicopters? Guns? TPM has almost zero meaning outside
the narrow world of WIPO for the average person. But even the average
person *KNOWS* there are Constitutionally protected Rights and they
understand the concept of managing those rights even if they spend
all their time trying to circumvent them.
Best Regards,
Simon Higgs
From: David Farber <dave@xxxxxxxxxx>
Subject: [IP] "DRM"
Date: Wed, 15 Jun 2005 11:00:50 -0400
Begin forwarded message:
From: Margaret Jane Radin <mradin@xxxxxxxxxxxx>
Date: June 15, 2005 7:57:09 AM EDT
To: dave@xxxxxxxxxx
Subject: "DRM"
I wish people would drop the term "DRM." It was coined by those who
wish to claim as "rights" some things which are not actually their
rights, or are at best contested. In other words, the "R" in the
term "DRM" begs an important legal question. I wish people would
instead use the term "TPM" (Technological Protection Measures)
because at least it is neutral on whether or not those who deploy
them have a "right" to do what they're doing in locking up
information. And TPM happens to be the term used in the WIPO
treaties, too.
BTW, I don't like to read on the list advertisements for people's
forthcoming articles. To me that is spam. There are plenty of
sources that inform us what is in the literature.
Peggy Radin
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