CyberTech Rambler

October 14, 2005

P2Pnet : Use and Abuse of TPM

Filed under: Uncategorized — ctrambler @ 12:59 pm

P2Pnet have an good article on Use and Abuse of TPM. Technological Protection Measure (TPM) is just another broader name for Digital Right Management (DRM), or more correctly, as Tim Bray puts it: Digital Restriction Measure.

He asked for comments on the WIPO’s WIPO Copyright Treaty article 11 which mentions Technological Measures:

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.

I decided to oblige by posting my comment on P2Pnet, here and on the discussion board for WIPO course (DL101 : General Course on Intellectual Property) I am studying.

Here is my comment:

The treaty text shoulds reasonable as it only aims to prevent circumventions that are illegal. However, it would be stronger we change it to

“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, **provided that the technological measures preserve access to and do not interfers with activities permitted by the law.**

My reasoning is that TPM measures must maintain fair use as mandated by the law, and when the the copyrights etc expires, the same DRM measure must ensure unflattered access to the material as permitted by law.

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