[WSIS CS-Plenary] Re: [governance] [A2k] Re: [Wsis-pct] IP Justice Comment to IGF on Top Policy Issues forAthens

[Bernard Lang]

I am not sure what this issue of DRM and free software is doing here,
in this list, since this problem is very technical and apparently not
well understood by those concerned, and a source of disagreement among
people who are all known to be active in support of free software.

I will illustrate with an example. People want to listen to music on
their computer.  The music they want may be sold under condition that
is controlled by a DRM system ... any other software that gives access
to it without controlling restrictions is illegal (that is the law of
the country).  Now we have a choice of making free software that will
control the restrictions, or not making any ...  that is the only
choice.

If we choose not to make any, then it is likely that no one will make
it for free software platforms, thus making them less appealing to the
many people who want to listen to the restricted music.  That probably
does not help popularizing these platforms.

So, since I do want to enable people to use these platforms, I will
use a free software licence that does not preclude the implementation
of DRM (thus not the GPLv3 licence). Nice.  And since I like copyleft,
I will use a copyleft licence, which by the very purpose of copyleft
will be incompatible with GPL v3, thus worsening the problem of
licence multiplicity.

I do not see what is gained. I do see what is lost.

But it is true that for some people, implementing restriction
management in software is much worse that implementing weapon systems.

I am not saying that I like DRM. I hate them, for many reasons, and
some beyond the issue of freedom.

I just do not think that forbidding their implementation is the proper
way of fighting them.  We can only lose by it.  And it is the first
step into restricting the application domain of a licence for reasons
other than protecting the freedom of software itself.

Where will we stop then?

As far as I am concerned, GPLv3 is not even a free software licence.
It does not meet the 6th requirement of the OSI definition.


Sorry for this technical contribution.

I may be mistaken, and since Richard Stallman is one of the people who
recived the message that I am replying to, I am sure he will correct
me and show me where I am wrong.  I am only human, and to err is human
:-)


Saludos

Bernard


* Milton Mueller <mueller at syr.edu>, le 04-04-06, a écrit:
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> _______________________________________
> 
> This seems to me to be the correct approach. I think Norbert has it right here. 
> --MM
> 
> >>> Norbert Bollow <nb at bollow.ch> 04/03/06 3:36 AM >>>
> Those who like DRM are still free to use it, but I am able to
> prevent them from _redistributing_ _my_ work, or a derivative
> work thereof, as part of a DRM scheme to which try to subject
> third parties.
> 
> When I release a program that I have written as Free Software,
> I want this activity to increase the amount of freedom which
> exists in the world, and I want to take precautions against
> my work having unintended effects of actually decreasing the
> freedom which exists in the world.
> 
> In other words, because the GPLv3 draft has been created, I
> have gained the ability to do what I want (thank you, FSF),
> while pro-DRM people retain the ability to do what they want.
> 
> Of course I hope that over time, a social consensus will
> emerge that DRM (in the sense of allowing anyone to impose
> restrictions on what someone else's computer may be programmed
> to do) is not acceptable in any form or shape.
> 
> In the meantime, those who are in favor of DRM vote with
> their actions for their opinion, by using some kind of DRM
> system for those creative works concerning which they control
> copyright-related rights.  It's only fair when we who are
> opposed to DRM can also vote with our actions for our opinion,
> by using DRM-incompatible licensensing for our creative works.
> 
> Greetings,
> Norbert
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