[free-sklyarov] WIPO Regulations

[David Haworth]

[Sorry about the last reply - I hit the wrong key]

Seth David Schoen wrote:
> 
> 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.

It's article 11 of the same treaty. Also watch out for this
insidious little paragraph in article 14:

"Contracting Parties shall ensure that enforcement procedures are
available under their law so as to permit effective action against
any act of infringement of rights covered by this Treaty, including
expeditious remedies to prevent infringements and remedies which
constitute a deterrent to further infringements."

... including expeditious remedies to prevent infringements ...

I'm not sure this could be interpreted as a blanket permission to
arrest everyone just in case they might infringe, but it's certain
to crop up in defence to any challenges to DMCA.

Also, the US could be considered to be in violation of the treaty.
This is from the "Agreed Statements" for article 12:

"It is further understood that Contracting Parties will not rely on
this Article to devise or implement rights management systems that
would have the effect of imposing formalities which are not permitted
under the Berne Convention or this Treaty, prohibiting the free
movement of goods or impeding the enjoyment of rights under this Treaty."

The DMCA might not "devise or implement" such a system, but it gives
legal protection to such systems. It is certainly impeding free movement
of goods (exhibit A: AEBPR software from Elcomsoft), impeding
the enjoyment of rights and imposing formalities not permitted by
Berne convention.

I feel a letter to Dr. Kamil Idris, Director General of WIPO,
coming on.

Seth, this is getting a little off topic for the free-sklyarov list. If
you and the other subscribers prefer, we could continue privately by email,
or transfer to the DMCA_discuss list.

Dave

-- 
David Haworth
Baiersdorf, Germany
david.haworth at altavista.net