Comments on: Dr. Ficsor: An invitation to Canada to join the international community by ratifying the WIPO Internet Treaties http://www.barrysookman.com/2009/12/21/dr-ficsor-invitation-to-canada-to-join-the-international-community-by-ratifying-the-wipo-treaties/ Copyright, Intellectual Property, Computer, Internet, e-Commerce Law. Mon, 06 Feb 2012 03:49:13 +0000 http://wordpress.org/?v=2.9.1 hourly 1 By: Barry Sookman http://www.barrysookman.com/2009/12/21/dr-ficsor-invitation-to-canada-to-join-the-international-community-by-ratifying-the-wipo-treaties/comment-page-1/#comment-230 Barry Sookman Wed, 13 Jan 2010 02:52:10 +0000 http://www.barrysookman.com/?p=392#comment-230 The experience in the US is not what you say at all. Can you give an example of a court in the US permitting something in the public domain to be protected by a drm? Can you give an example of a drm that protects something proprietary that has been used to protect something in the public domain that is not also freely available in non-drm form? The experience in the US is not what you say at all. Can you give an example of a court in the US permitting something in the public domain to be protected by a drm? Can you give an example of a drm that protects something proprietary that has been used to protect something in the public domain that is not also freely available in non-drm form?

]]> By: Natt http://www.barrysookman.com/2009/12/21/dr-ficsor-invitation-to-canada-to-join-the-international-community-by-ratifying-the-wipo-treaties/comment-page-1/#comment-222 Natt Tue, 12 Jan 2010 03:07:38 +0000 http://www.barrysookman.com/?p=392#comment-222 It's pointless to talk about wipo when a practical implementation of wipo, the DMCA has been used to stop the distribution of software for removing DRM, even though it can be used to remove DRM placed on DVDs containing public domain content (which do exist). It’s pointless to talk about wipo when a practical implementation of wipo, the DMCA has been used to stop the distribution of software for removing DRM, even though it can be used to remove DRM placed on DVDs containing public domain content (which do exist).

]]> By: Barry Sookman http://www.barrysookman.com/2009/12/21/dr-ficsor-invitation-to-canada-to-join-the-international-community-by-ratifying-the-wipo-treaties/comment-page-1/#comment-206 Barry Sookman Wed, 06 Jan 2010 04:30:27 +0000 http://www.barrysookman.com/?p=392#comment-206 I was saying they only apply to content protected by copyright. I was saying they only apply to content protected by copyright.

]]> By: Wallace McLean http://www.barrysookman.com/2009/12/21/dr-ficsor-invitation-to-canada-to-join-the-international-community-by-ratifying-the-wipo-treaties/comment-page-1/#comment-205 Wallace McLean Wed, 06 Jan 2010 03:28:36 +0000 http://www.barrysookman.com/?p=392#comment-205 Natt, if the anti-circumvention laws only apply to works in which copyright subsist, then circumventing those locks would not violate any criminal or civil laws related to TPMs. = = = The most important word in that sentence being "if". Natt, if the anti-circumvention laws only apply to works in which copyright subsist, then circumventing those locks would not violate any criminal or civil laws related to TPMs.

= = =

The most important word in that sentence being “if”.

]]> By: Natt http://www.barrysookman.com/2009/12/21/dr-ficsor-invitation-to-canada-to-join-the-international-community-by-ratifying-the-wipo-treaties/comment-page-1/#comment-194 Natt Sun, 03 Jan 2010 19:52:00 +0000 http://www.barrysookman.com/?p=392#comment-194 But the DMCA went much further than that, to actively ban the technologies themselves for DRM removal. If criminalization of DRM removal is restricted to when it is done for infringing purposes that is ok as long as backup and personal media shifting are non-infringing, along with the rights to extract portions for parody and criticism. But the DMCA went much, much further than that. As a practical example, public domain movies have been put on DVD but they still have copy protection (DRM) on them. I don't have any legal or moral issue with removing that DRM to make a copy to play on my iPod while traveling, but in the USA the tools needed to do so were removed from sale under legal threat of the DMCA. But the DMCA went much further than that, to actively ban the technologies themselves for DRM removal.

If criminalization of DRM removal is restricted to when it is done for infringing purposes that is ok as long as backup and personal media shifting are non-infringing, along with the rights to extract portions for parody and criticism. But the DMCA went much, much further than that.

As a practical example, public domain movies have been put on DVD but they still have copy protection (DRM) on them. I don’t have any legal or moral issue with removing that DRM to make a copy to play on my iPod while traveling, but in the USA the tools needed to do so were removed from sale under legal threat of the DMCA.

]]> By: Barry Sookman http://www.barrysookman.com/2009/12/21/dr-ficsor-invitation-to-canada-to-join-the-international-community-by-ratifying-the-wipo-treaties/comment-page-1/#comment-183 Barry Sookman Sat, 02 Jan 2010 20:41:20 +0000 http://www.barrysookman.com/?p=392#comment-183 Natt, if the anti-circumvention laws only apply to works in which copyright subsist, then circumventing those locks would not violate any criminal or civil laws related to TPMs. If you look at Article 11 of the WIPO Copyright Treaty, you will see it says: "Contracting Parties shall provide adequate legal protection and effective legal remedies against the circumvention of effective technological measures that are used by authors in connection with the exercise of their rights under this Treaty or the Berne Convention and that restrict acts, in respect of their works, which are not authorized by the authors concerned or permitted by law." Authors of works have no rights under the treaty or the Berne Convention in respect of works that are in the public domain because their copyrights have expired. The laws around the world are intended to comply with these minimum standards. There are several US cases, notably the Lexmark and Chamberlaine cases, that raised the question as to whether the anti-circumvention laws under the DMCA applied to things other than works protected by copyright. Both Circuit Courts of appeals in the cases held they did not. Hope this helps. Happy New Year. Natt, if the anti-circumvention laws only apply to works in which copyright subsist, then circumventing those locks would not violate any criminal or civil laws related to TPMs.

If you look at Article 11 of the WIPO Copyright Treaty, you will see it says: “Contracting Parties shall provide adequate legal protection and effective legal remedies against the circumvention of effective technological measures that are used by authors in connection with the exercise of their rights under this Treaty or the Berne Convention and that restrict acts, in respect of their works, which are not authorized by the authors concerned or permitted by law.” Authors of works have no rights under the treaty or the Berne Convention in respect of works that are in the public domain because their copyrights have expired. The laws around the world are intended to comply with these minimum standards.

There are several US cases, notably the Lexmark and Chamberlaine cases, that raised the question as to whether the anti-circumvention laws under the DMCA applied to things other than works protected by copyright. Both Circuit Courts of appeals in the cases held they did not.

Hope this helps.

Happy New Year.

]]> By: Natt http://www.barrysookman.com/2009/12/21/dr-ficsor-invitation-to-canada-to-join-the-international-community-by-ratifying-the-wipo-treaties/comment-page-1/#comment-181 Natt Sat, 02 Jan 2010 17:00:46 +0000 http://www.barrysookman.com/?p=392#comment-181 But if the tools of DRM removal are themselves criminalized, how can they legally be used to remove DRM from out-of-copyright material? And DRM tools have been criminalized by the DMCA and removed from sale. As for analysis, what I mean is show us the words in the laws that say what you say that they only apply to copyright material. I'm asking you to show in their own words how they support your position. But if the tools of DRM removal are themselves criminalized, how can they legally be used to remove DRM from out-of-copyright material? And DRM tools have been criminalized by the DMCA and removed from sale.

As for analysis, what I mean is show us the words in the laws that say what you say that they only apply to copyright material. I’m asking you to show in their own words how they support your position.

]]> By: Barry Sookman http://www.barrysookman.com/2009/12/21/dr-ficsor-invitation-to-canada-to-join-the-international-community-by-ratifying-the-wipo-treaties/comment-page-1/#comment-177 Barry Sookman Fri, 01 Jan 2010 15:57:58 +0000 http://www.barrysookman.com/?p=392#comment-177 You are right about Macrovision. They were all protected. There is no need for an analysis. The WIPO Treaties only require protection for copyright materials. All worldwide legislation only purports to protect TPMs to the extent they protect such materials. You are right about Macrovision. They were all protected. There is no need for an analysis. The WIPO Treaties only require protection for copyright materials. All worldwide legislation only purports to protect TPMs to the extent they protect such materials.

]]> By: Barry Sookman http://www.barrysookman.com/2009/12/21/dr-ficsor-invitation-to-canada-to-join-the-international-community-by-ratifying-the-wipo-treaties/comment-page-1/#comment-176 Barry Sookman Fri, 01 Jan 2010 15:47:47 +0000 http://www.barrysookman.com/?p=392#comment-176 There is no right under anti-circumvention legislation to lock down public domain materials. They only protect works under copyright. There is no right under anti-circumvention legislation to lock down public domain materials. They only protect works under copyright.

]]> By: Wallace McLean http://www.barrysookman.com/2009/12/21/dr-ficsor-invitation-to-canada-to-join-the-international-community-by-ratifying-the-wipo-treaties/comment-page-1/#comment-173 Wallace McLean Fri, 01 Jan 2010 03:43:45 +0000 http://www.barrysookman.com/?p=392#comment-173 Sookman: "If you rent a car, do you have the right to keep it after the lease expires?" Good example! Do you have the right to lock down public-domain content with DRM, even though the copyright has expired? Should you have that right? Happy Public Domain Day! Sookman: “If you rent a car, do you have the right to keep it after the lease expires?”

Good example! Do you have the right to lock down public-domain content with DRM, even though the copyright has expired?

Should you have that right?

Happy Public Domain Day!

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