Yesterday I received a reply to my letter to my local MP, Randy Kamp (Conservative, Pitt Meadows-Maple Ridge-Mission)
My original letter, along with other items, included much of what is presented in my previous article on this topic - what MUST be done if we are saddled with TPM without the ability to crack it for "legal" purposes. Too few people have addressed this possibility and what should be our fall-back position if the government fails to heed our wishes and open up the TPM portion to allow fair dealing exceptions.
Along with the fairly typical pats on the back to "Our Government" about the fact of the bill he states:
Regarding Technological Protection Measures (TPMs), a copyright holder who chooses to place a digital lock on his property could do so, but the consumer is free not to purchase that item or choose to purchase it in the final medium he would like to use. The legislation clearly distinguishes between consumers and those who would attempt to circumvent a TPM for sales and profit so that someone who might inadvertently break a lock is not subject to large commercial fines.
Following is my reply:
Hi Randy
Thanks for the note but...
You seem to think that consumers can simply "purchase it (content) in
the final medium he would like to use" but it is not that simple.
With TPM, a consumer can purchase something but then have that purchase
rescinded by the vendor (Amazon has done this, so have others) so this
violates the "First purchase" doctrine and makes a mockery of the
concept of "purchase" (Try to do that with a real book or record or tape
and see what that gets you - why has this not been dealt with?)
With TPM a consumer can purchase the "right" to view something and later
not be able to exercise that right for several reasons including:
The vendor (Major League Baseball for example) turns off the key server
The technology it is purchased for "wears out" and is no longer sold
(Try and find a Digital Audio Tape (DAT) recorder these days) yet the
copyright period has not lapsed so the work is not yet in the public
domain
With TPM the consumer can have the right to view something yet be denied
it by the TPM. A work in the public domain for example - after the
copyright period has lapsed. We will lose our history this way.
If we must be saddled with TPM of any kind then it MUST be subject to
extremely strong regulation and enforcement by government because
otherwise we'll end up with every "rights holder" putting their own
flavour of "root kit" on my computer as Sony did.
If you (and the rest of the individual MPs) don't stick up for your
constituents then the US big business interests win. Shame on you.
Don't just forward my letter - ask the questions yourself in parliament.
This (TPM) portion of the legislation is 100% against consumer rights of
any kind - no balance at all. Take a look at the legislation that India
is proposing (may have passed by now) "TPM can be circumvented if the
end use of the item is legal" - that's what should be in the bill; that
provides balance.
richard
'nuf said...
Tag: copyright tpm mp bill c-32
What's Related