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[DRAFT] Limitations on Legal Protection for DRM

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Railana
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[DRAFT] Limitations on Legal Protection for DRM

Postby Railana » Mon Apr 14, 2014 6:59 pm

The purpose of this resolution is to limit the abuse of technological protection measures in World Assembly member states. This is a pretty niche area of law, but still an important one.

Limitations on Legal Protection for DRM
Category: Free Trade | Strength: Mild

Acknowledging that some copyright holders use technological protection measures (commonly known as "digital rights management", or DRM) to restrict the use of their copyrighted works,

Recognizing that certain World Assembly member states have adopted highly restrictive legal protections for technological protection measures that prohibit the circumvention of such measures, even for the purpose of exercising a limitation or exception to copyright,

Believing that such measures have an anti-competitive effect and disrupt the balance between the rights of copyright holders and the general public,

The General Assembly,

  1. Defines "technological protection measure", for the purposes of this resolution, as any mechanism that, in its ordinary course of operation, restricts the use of a copyrighted work that is expressed in a digital format;
  2. Further defines "circumvention of a technological protection measure", for the purposes of this resolution, as the act of rendering a technological protection measure ineffective in restricting access to or the use of a copyrighted work without the authorization of the appropriate copyright holder,
  3. Requires that member states recognize the exercise of a limitation or exception to copyright, and the facilitation thereof, in respect of a copyrighted work as a legitimate defence to:
    1. the circumvention of a technological protection measure, and
    2. the manufacture or distribution of devices or computer programs capable of circumventing a technological protection measure;
  4. Authorizes a member state to limit the distribution of devices or computer programs capable of circumventing a technological protection measure to licensed parties, notwithstanding the provisions of section 3(b), but only if that member state:
    1. creates licensing requirements consistent with the purpose of this resolution, which is to ensure that technological protection measures can be legally circumvented for the purpose of exercising of a limitation or exception to copyright, or the facilitation thereof,
    2. permits licensed parties to circumvent a technological protection measure, where the purpose of such circumvention is to exercise a limitation or exception to copyright, or the facilitation thereof, and to offer such circumvention as a service to the general public, and
    3. requires state-funded libraries and archives to offer such circumvention services to the general public for free or for a nominal fee;
  5. Clarifies that this resolution only affects the scope of the exclusive rights granted to a copyright holder and any associated causes of civil or criminal liability under copyright law and related legislation;
  6. Further clarifies that nothing in this resolution prohibits the World Assembly from further legislating on copyright or technological protection measures.
Last edited by Railana on Mon Jul 29, 2019 12:23 pm, edited 9 times in total.
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Totally Not Leningrad Union
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Postby Totally Not Leningrad Union » Mon Apr 14, 2014 7:02 pm

Well written, but I refuse to support a draft similar to SOPA.
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Railana
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Postby Railana » Mon Apr 14, 2014 7:32 pm

Totally Not Leningrad Union wrote:Well written, but I refuse to support a draft similar to SOPA.

((OOC: This legislation restricts the ability of member nations to use draconian copyright laws to restrict fair use, fair dealing, and their national equivalents. It has absolutely nothing to do with the Stop Online Piracy Act.))
Last edited by Railana on Mon Apr 14, 2014 7:47 pm, edited 1 time in total.
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Postby Totally Not Leningrad Union » Mon Apr 14, 2014 7:40 pm

Railana wrote:
Totally Not Leningrad Union wrote:Well written, but I refuse to support a draft similar to SOPA.

This legislation restricts the ability of member nations to use draconian copyright laws to restrict fair use, fair dealing, and their national equivalents. It has absolutely nothing to do with the Stop Online Piracy Act.

dammit, i read the whole thing wrong :palm:
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RIP Leningrad Union, 6583 posts and 1.243 billion people. Unjustly DEATed.

Want to join a fun forums website that isn't exclusive/selective?
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Totally Not Leningrad Union wrote:Just shut down their government already.

Unfortunately, North Korea doesn't have the Republican Party.
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Our biggest problem is children looking at titties.

Immoren wrote:I'd think that comparing FB to Twitter and Instagram is like comparing apples and baseballs.

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Postby Gruenberg » Mon Apr 14, 2014 7:56 pm

OOC: My concerns would be that "fair use" has no meaning in WA law (that I'm aware of), meaning parts of this offer little substance.
Last edited by Gruenberg on Mon Apr 14, 2014 8:13 pm, edited 1 time in total.
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Railana
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Postby Railana » Mon Apr 14, 2014 8:11 pm

Gruenberg wrote:My concerns would be that "fair use" has no meaning in WA law (that I'm aware of), meaning parts of this offer little substance.


((OOC: I'll make an appropriate change.))
Last edited by Railana on Mon Apr 14, 2014 8:33 pm, edited 2 times in total.
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Postby Starkmoor » Sun May 04, 2014 11:08 am

Well written and good intentions. We support this 100%.
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Postby Auralia » Thu Jul 25, 2019 11:14 am

Bumping this. It will be submitted under Auralia.
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Postby Marxist Germany » Thu Jul 25, 2019 11:44 am

Auralia wrote:Bumping this. It will be submitted under Auralia.

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Postby Araraukar » Sat Jul 27, 2019 8:46 pm

OOC: How is this not covered by what you passed before?
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Auralia
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Postby Auralia » Mon Jul 29, 2019 6:43 am

Araraukar wrote:OOC: How is this not covered by what you passed before?

Could you clarify why you believe this is covered by past resolutions?
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Araraukar
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Postby Araraukar » Mon Jul 29, 2019 8:17 am

Auralia wrote:
Araraukar wrote:OOC: How is this not covered by what you passed before?

Could you clarify why you believe this is covered by past resolutions?

OOC: The copyright one. Why do you think it doesn't cover this? Unless you're not talking about copyrighted material at all, in which case you need to change at least your preamble.
Last edited by Araraukar on Mon Jul 29, 2019 8:17 am, edited 1 time in total.
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Giovenith wrote:And sorry hun, if you were looking for a forum site where nobody argued, you've come to wrong one.
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Us cosmopolitan hammers
Can teach some manners
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Hence us attacking
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Auralia
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Postby Auralia » Mon Jul 29, 2019 8:37 am

Araraukar wrote:
Auralia wrote:Could you clarify why you believe this is covered by past resolutions?

OOC: The copyright one. Why do you think it doesn't cover this? Unless you're not talking about copyrighted material at all, in which case you need to change at least your preamble.

FCR requires member states to recognize copyright, but doesn't touch on the issue of technological protection measures used to control access to copyrighted works.
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Kenmoria
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Postby Kenmoria » Mon Jul 29, 2019 8:39 am

(OOC: Titles beginning with ‘on’ are generally disliked, since they don’t provide much detail as to the focus of the proposal. Otherwise, this looks good.)

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Postby Araraukar » Mon Jul 29, 2019 10:45 am

Auralia wrote:but doesn't touch on the issue of technological protection measures used to control access to copyrighted works.

OOC: And why should international legislation exist for DRM systems? Especially pro-DRM? Shouldn't that be up to each nation to decide? This very much sounds like the toothpaste flavour territory...
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Auralia
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Postby Auralia » Mon Jul 29, 2019 12:19 pm

Araraukar wrote:
Auralia wrote:but doesn't touch on the issue of technological protection measures used to control access to copyrighted works.

OOC: And why should international legislation exist for DRM systems? Especially pro-DRM? Shouldn't that be up to each nation to decide? This very much sounds like the toothpaste flavour territory...

This proposal is not pro-DRM. It is anti-DRM, as it requires member states to permit the practice of circumventing DRM.

As the proposal states, when member states prohibit users from circumventing DRM, this has an anti-competitive effect and disrupts the balance between the rights of copyright holders and the general public.

For example, iTunes used to use DRM to protect songs purchased from the iTunes Music Store. This meant that the songs could only be played using an Apple product or device, such as iTunes or an iPhone. Without the right to circumvent the DRM, users would be forced to purchase Apple devices to play their music, even if other devices were otherwise better choices.

It's important to have international legislation on this issue because countries with IP-heavy economies, such as the United States, tend to include anti-circumvention provisions in trade agreements. World Assembly legislation would supersede such agreements, ensuring that all member states benefit from the user right to circumvent DRM.
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Araraukar
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Postby Araraukar » Mon Jul 29, 2019 5:21 pm

Auralia wrote:As the proposal states, when member states prohibit users from circumventing DRM, this has an anti-competitive effect and disrupts the balance between the rights of copyright holders and the general public.

OOC: Know what else has anti-competitive effect? Copyrights and patents. But you've at least changed the title, so that's a step in the right direction.

World Assembly legislation would supersede such agreements, ensuring that all member states benefit from the user right to circumvent DRM.

Except it doesn't really read like that. Could you rewrite clause 3 to make more sense without needing to read the copyright resolution? Or define the specific terms you keep using there and later on.
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Giovenith wrote:And sorry hun, if you were looking for a forum site where nobody argued, you've come to wrong one.
Araraukar wrote:
Blueflarst wrote:a cosmopolitan hammer
United Massachusetts wrote:Can we all call ourselves "cosmopolitan hammers"?
Us cosmopolitan hammers
Can teach some manners
Often sorely lacking
Hence us attacking
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Auralia
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Postby Auralia » Mon Jul 29, 2019 6:43 pm

Araraukar wrote:Except it doesn't really read like that. Could you rewrite clause 3 to make more sense without needing to read the copyright resolution? Or define the specific terms you keep using there and later on.

That's not really possible. DRM doesn't make sense in the absence of copyright.

But there's nothing in this proposal that presupposes FCR -- only the existence of copyright.
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Kenmoria
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Postby Kenmoria » Tue Jul 30, 2019 2:19 pm

(OOC: In what way is this free trade?)
A representative democracy with a parliament of 535 seats
Kenmoria is Laissez-Faire on economy but centre-left on social issues
Located in Europe and border France to the right and Spain below
NS stats and policies are not canon, use the factbooks
Not in the WA despite coincidentally following nearly all resolutions
This is due to a problem with how the WA contradicts democracy
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Current ambassador: James Lewitt

For more information, read the factbooks here.

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Araraukar
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Postby Araraukar » Wed Jul 31, 2019 5:29 am

Auralia wrote:That's not really possible. DRM doesn't make sense in the absence of copyright.

But there's nothing in this proposal that presupposes FCR -- only the existence of copyright.

OOC: Thus...
Araraukar wrote:Could you ... define the specific terms you keep using there and later on.
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Araraukar's RP reality is Modern Tech solarpunk.

Giovenith wrote:And sorry hun, if you were looking for a forum site where nobody argued, you've come to wrong one.
Araraukar wrote:
Blueflarst wrote:a cosmopolitan hammer
United Massachusetts wrote:Can we all call ourselves "cosmopolitan hammers"?
Us cosmopolitan hammers
Can teach some manners
Often sorely lacking
Hence us attacking
Silly GA spammers

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Dreadton
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Postby Dreadton » Thu Aug 01, 2019 7:33 am

*mumbles "I knew I shouldn't have slept through Copyright law*

Delegate,

How would this bill impact DRMs on copyrighted works that are abandoned or when the copyright holder no longer exist? Company abandon software and go out of business all the time. Would this bill prevent a person from circumventing a DRM on software s/he bought that is no longer supported by the company?

What about Right to Repair? If I purchase, say farm equipment, and it needs repair. However, the manufacturer put in software that prevents repairs unless a certain computer program is used that is only sold by the company to a select few people (OOC: i.e. John Deere's current policy) ? Does the citizen have the right to circumvent the DRM protections then?
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Auralia
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Postby Auralia » Sat Aug 03, 2019 4:26 pm

Araraukar wrote:OOC: Thus...
Araraukar wrote:Could you ... define the specific terms you keep using there and later on.

I don't think that's necessary. The dictionary definition of copyright is sufficient.

Kenmoria wrote:(OOC: In what way is this free trade?)

For the reasons stated in the preamble -- DRM has an anti-competitive effect.

Dreadton wrote:How would this bill impact DRMs on copyrighted works that are abandoned or when the copyright holder no longer exist? Company abandon software and go out of business all the time. Would this bill prevent a person from circumventing a DRM on software s/he bought that is no longer supported by the company?

To be clear, this proposal does not prohibit anyone from circumventing DRM in any case whatsoever. Its sole effect is to require member states to permit the circumvention of DRM.

To answer your specific question, this proposal has no effect on public domain works, since they by definition are not subject to copyright protection.

Dreadton wrote:What about Right to Repair? If I purchase, say farm equipment, and it needs repair. However, the manufacturer put in software that prevents repairs unless a certain computer program is used that is only sold by the company to a select few people (OOC: i.e. John Deere's current policy) ? Does the citizen have the right to circumvent the DRM protections then?

If a member state recognizes the right to repair as a valid limitation or exception to copyright, then yes, this proposal would require that member states permit the circumvention of DRM for that purpose.

However, no international legislation currently requires member states to recognize the right to repair as a valid limitation or exception to copyright. That's actually a good proposal idea -- we'll consider submitting a sister draft with a list of limitations or exceptions to copyright that member states must recognize.
Last edited by Auralia on Sat Aug 03, 2019 7:21 pm, edited 3 times in total.
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Postby United Massachusetts » Sat Aug 03, 2019 4:27 pm

Support.
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Dreadton
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Postby Dreadton » Sat Aug 03, 2019 6:13 pm

The Nation of Dreadton offers its tentative support. We are seeking further input from experts.
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Araraukar
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Postby Araraukar » Thu Aug 08, 2019 3:51 am

Railana wrote:a limitation or exception to copyright
Araraukar wrote:Could you ... define the specific term

OOC: Also, you still haven't answered how this wouldn't be covered already. It's pretty much either already covered or contradictory. If you want to focus on the DRMs themselves, I suggest dropping all mentions of copyright (yes, they're often the reason for DRM, but just greed can be as well, so you'd still be making sense) and tagging on the usual "as allowed by the previously passed and still extant resolutions" thing.

Also, I suggest changing the title, because it still very much makes it look as though you're wanting to protect DRMs instead of limiting them.
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Araraukar's RP reality is Modern Tech solarpunk.

Giovenith wrote:And sorry hun, if you were looking for a forum site where nobody argued, you've come to wrong one.
Araraukar wrote:
Blueflarst wrote:a cosmopolitan hammer
United Massachusetts wrote:Can we all call ourselves "cosmopolitan hammers"?
Us cosmopolitan hammers
Can teach some manners
Often sorely lacking
Hence us attacking
Silly GA spammers


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