[free-sklyarov] WIPO Regulations

David Haworth david.haworth at altavista.net
Tue Jul 31 06:26:35 PDT 2001


On Tue, Jul 31, 2001 at 05:23:45AM -0700, Seth David Schoen wrote:
> Austin Hook writes:
> 
> > Re: WIPO language   (caution: IANAL)
> > 
> > Condensing (cutting and pasting) to the critical point (see original
> > quoted text at the bottom):
> > 
> > > (1) Contracting Parties shall provide effective legal remedies against
> > > any person knowingly altering any electronic rights management
> > > information [while also] knowing that it will facilitate an
> > > infringement of any right covered by this Treaty or the Berne
> > > Convention
> > 
> > However, if rights management information is merely the author and
> > copyright ownership information, along with a list of the rights that are
> > intended to be conveyed, then so long as that information is not damaged,
> > it is not necessary under WIPO to forbid removing associated encryption or
> > usage crippling technology.
> > 
> > The thrust of it seems to make illegal the act of the first person who
> > removes the copyright ownership or terms of use information, and doing
> > that so to cause the material to get into circulation without the
> > copyright information being attached.  It doesn't seem to worry about
> > transformations that do not alter the "[Copy]rights Management
> > Information" (CMI), even if they facilitate a second person doing such a
> > nasty thing.  It's the stage at which the CMI itself is damaged, rather
> > than the technological protections surrounding it, where legal action is
> > called for.
> 
> However, there is _another_ WIPO treaty which actually has the
> technology-based anticircumvention rules.  The above language is not
> the basis for the anticircumvention provisions in the U.S. DMCA.
> 
> -- 
> Seth David Schoen <schoen at loyalty.org> | Its really terrible when FBI arrested
> Temp.  http://www.loyalty.org/~schoen/ | hacker, who visited USA with peacefull
> down:  http://www.loyalty.org/   (CAF) | mission -- to share his knowledge with
>      http://www.freesklyarov.org/      | american nation.  (Ilya V. Vasilyev)
> 
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-- 
David Haworth
Baiersdorf, Germany
david.haworth at altavista.net




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