Re: Balance - (was RE: Formal Objection to Working Group Decision to publish Encrypted Media Extensions specification as a First Public Working Draft (FPWD))

On 06/16/2013 10:41 PM, John Foliot wrote:
> Edward [mailto:EdwardSnowden2387@outlook.com] wrote:
>> MPAA doublespeak   | in your world
>> =------------------------------------------
>> property           | copyright
>
> In the real world:
> Digital works of art, and more specifically in this discussion, mostly movie and television content.

Well, to be precise, we're discussing the RIGHTS associated with
those works of art.  In this context (EME/CDM) it's copyright.
I'm only asking that you use the correct term.


>> steal/theft        | copyright infringement
>
> In the real world:
> The unauthorized taking and use of materials without the consent or compensation of the creator of those materials.

Again, "taking" is a misleading word.  What you describe here is copyright
infringement.


> Colloquially this is often referred to as Piracy

There is no taking/stealing/theft involved, so "piracy" is again
a misleading term.  The legal term is copyright infringement [1].


 > "The practice of labeling the infringement of exclusive rights in
 > creative works as "piracy" predates statutory copyright law. "
 > http://en.wikipedia.org/wiki/Copyright_infringement

Please note that the reference to "piracy" in 1906 is to that time's
equivalent of MPAA.


>  "... the verdict ..." - https://en.wikipedia.org/wiki/The_Pirate_Bay_trial

You seem to have misunderstood the verdict.
They were found guilty of accessory to copyright infringement.


> I further submit that in this debate, Piracy is also an act of Anarchy.

Now you're getting into politics, which I think we should leave out of
this debate.


>> content protection | user restrictions
>
> In the real world:
> CONTENT restrictions. Users are free to accept those restrictions, or reject them;

I think we agree, copyright restricts what the user may legally do with
his/her copy of the content.  But describing that as "content protection"
is misleading.  "Content protection" seems more like a synonym for DRM,
which in the proposed solution (EME+CDM) goes far beyond protecting
the copyright holder's rights.


> You and I can disagree over specific terminology here,
 > but we all know what this larger discussion is about,
 > and splitting semantic hairs does nothing to advance the debate.

I think it's essential to use the correct terms to describe the problem
so that everyone can correctly judge the proposed solution (EME+CDM).

Words like stealing/theft/piracy are propaganda intended to mislead the
reader into thinking copyright infringement is a more serious offense
than it really is according to law.


[1]
http://www.copyright.gov/title17/92chap5.pdf

--
E.

Received on Monday, 17 June 2013 18:05:35 UTC