- From: John Foliot <john@foliot.ca>
- Date: Thu, 15 May 2014 09:22:53 -0700
- To: "'Deivi Kuhn'" <deivilk@gmail.com>
- Cc: "'John Sullivan'" <johns@fsf.org>, <public-restrictedmedia@w3.org>
Deivi Kuhn wrote: > > As Executive Secretary of Free Software Brazilian Government > Committee I could say that is a real deception. > > For years the Floss community and the Brazilian Government have > supported Mozilla actions and worked together spreading Firefox. > > As we already have stated, the EME specification take out our right > to use Free Software. And unfortunately we are right. > > Mr. John Foliot, make sure that we are not just talking, we will act > to use a real free software alternative for web access. This is our > right and we will fight for it. Deivi, Can you please explain how an API removes any of your rights? This is a serious question. In the case of Firefox, according to their announcement yesterday, they are using EME (an open API) to allow their browser to communicated with an additional downloadable module from Adobe, a module that, according to Mozilla will be heavily sandboxed, so that *IF* you wish to access Premium Digital content from legally entitled rights-holders (who wish to protect their investment), you can. You have a right to download and install this Adobe module, as well as the right to NOT install that same module - the choice is, and remains, yours to make. There is no "rule", no law, no imperative today to use this technology, and nobody is forcing you, the Brazilian Government, or its citizens to download and install the Adobe CDM - unless of course you wish to access Premium Digital content via the web. Let's look at this further... say for example that the Brazilian Government decides to pass a law making the installation and use of the Adobe CDM (or any CDM) illegal - which as a sovereign nation they absolutely have the right to do. What happens next? Well, for one, those service providers who are legally contracted to ensure that Premium Digital content is protected in a fashion that meets the rights holders requirements might likely stop providing service to that region: no Netflix, no Amazon Prime, no Hulu, no HBO Go, no (fill in the blank). As non-national corporate entities, you cannot force them to set up shop in an environment that restricts their ability to do business, so they simply will not show up (or shutter their existing services). Brazilian television broadcasters, seeking to purchase entertainment content from outside of the country, may find that no-one is willing to sell them that content without the ability to restrict distribution, meaning that some of those sources will simply dry up. None of this is "illegal" however, and again, the Government of Brazil is totally within its rights and powers to establish this kind of economy and society. Young, smart Brazilians, wanting access to this entertainment content, may do any of the following: a) ignore Brazilian law and surreptitiously download and install the CDM, and then using an off-shore proxy stream the latest installment of Game of Thrones to their computer (making them criminals in their own country), b) pirate Premium Digital content via sites like Pirate Bay and isoHunt (to name but 2). Those of us aware of and follow such things already know that both of these options are being used today, and will likely continue to be used long after Mozilla releases their CDM-ready browser. The legality of these actions however are a little more circumspect. I am hard pressed to imagine that the Brazilian people and government would be interested in presenting themselves on the world stage as thieves and outlaws (although I freely admit that in some regions, the governments do have such military and totalitarian strangleholds on their people that web access is restricted and heavily monitored: North Korea, China, etc.) I will suggest to you however that I think that the Brazilian Government and people are smarter than that, and certainly would not go to those extremes over House of Cards or the Amazing Spiderman 2. Let's be perfectly clear here: THIS IS NOT SOFTWARE, it is entertainment content. It is not systems or technology critical to the workings of the country or the society of Brazil. It is the creative work(s) by artists and producers; works which are already protected under Brazilian law (http://www.wipo.int/wipolex/en/text.jsp?file_id=125393), which states: Title II, Intellectual Works, Chapter I - Works Protected 7. The intellectual works that are protected are creations of the mind, whatever their mode of expression or the medium, tangible or intangible, known or susceptible of invention in the future, in which they are fixed, such as: ... V. musical compositions with or without words; VI. audiovisual works, with or without accompanying sounds, including cinematographic works; It is premium entertainment that routinely cost a lot of money to create, and is the output of a whole industry that produces hundreds of thousands of jobs and revenue not only in the US market, but for television and film industries around the planet. (I also wonder aloud how the Brazilian TV Producers - http://www.braziliantvproducers.com/en/ - feel about content protection: do they want to digitally protect the telenovelas they currently produce and export around the world, making them one of the largest TV exporters on the planet? http://en.wikipedia.org/wiki/Television_in_Brazil I'll bet I know the answer to that one...) I am personally hard-pressed to contemplate that the Brazilian government would ignore the magnitude, impact and importance of that industry over a simple piece of voluntarily installed software. In the case of Mozilla, they are partnering with a decryption module that is (will be) heavily sandboxed inside of the browser, decrypting content being streamed to the browser via the <video> element - and I have not heard anyone suggest that it will do anything more. I understand that Digital Rights Management is distasteful to the EFF and the FSF, and that Cory Doctorow is well paid (by entities such as The Guardian - who BTW copyright all of their output, including Cory's) to cry out how "evil" this technology is (yes Cory, we all remember the decade old Sony root-kit scandal - times, and technology, have moved on). It is easy to portray the creators of EME and the Adobe CDM as evil people, complete with tall black hats and twisted, waxed moustaches, cackling deliriously in the background as they steal your soul and enslave your mind. It is a cartoon character that the EFF/FSF/Doctorow want you to fear, worse than the boogey man and move evil than the devil himself. It's smoke and mirrors, and it is being sold, like all good snake-oil is, via Fear, Uncertainty and Doubt. I would equally suggest however that a useful role you and the Free Software Brazilian Government Committee could play would be to monitor, as an independent 3rd party, how the Mozilla + Adobe CDM progress goes. Be "grown-up" and accept that in the world we live in, you sometimes need to take a little water with your wine. If the technology is done right, it will provide the appropriate balance between user (and user-rights) protection, and content owner protection - it will serve everyone, fairly. See this as an opportunity to contribute to the world stage, as an example of the technology progress that Brazil has achieved, and be that rights guardian, rather than sitting there bemoaning the fact that we live in a society that is based upon an economic model, and vowing to tilt against windmills (http://en.wikipedia.org/wiki/Tilting_at_windmills). Rather than attempting to unscramble the egg, why not make sure that the scrambled eggs are cooked right? Dare I even say deliciously? The choice is yours. Cheers! JF
Received on Thursday, 15 May 2014 16:23:32 UTC