Re: Niches for the Hurd: evaluation method; was: DRM musings, capabilities and stuff

[Arne Babenhauserheide]

Am Montag 29 Dezember 2008 17:23:45 schrieb Michal Suchanek:
> In my view trying to deny users the choice to enter contracts like the
> one P requires is not the right way. It is morally dubious and
> technically infeasible.

Firstoff: Any security against the owner of a system built on free software is 
false security, since the parts which provide the security can always be 
changed. (I told you tha before). 

Second: You mix contract law and technical restrictions. 

* Law: "I am not allowed from driving faster than 50km/h in a town." 

* Technical restriction: "My car doesn't drive faster than 50km/h."

I can always circumvent the law (except where the state actively excerts force 
against me), for example when I have a bleeding child on the backseat whom I 
need to get to the hostpital _now_. If breaking the law is worth enough for me 
that I'm willing to take the legal punishment I am free to do so. In Germany 
we call this "Ziviler Ungehorsam". If I were a german doctor I'd even be 
forced by my oath to drive faster than the law allows, else I'd be punished 
for not helping the child as good as I can. 

But who is to blame for the death of the child if my _car_ decides not to 
drive faster? 


Who is to blame for the death of my child if my Computer doesn't allow me to 
send the photo of my sick child to the doctor? My Computer is no legal entity, 
so it must not take decisions for me. 


If the state created a law which says that every car must carry the 
restriction to not be able to drive more than the allowed speed, then the 
state would be to blame, and the law would be changed - but the state has the 
monopoly on using force (at least in Germany). No company has the right to 
excert force against me. 

I am not allowed to shoot you on the street. Only the state (or acting under 
order of the state) is allowed to do so, and only on the base of a law. 


So much for the fundamental reasons why we should disallow absolute technical 
restrictions. 

Best wishes, 
Arne
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