Re: [DMCA-Activists] RMS on EFF: Federal Court Slams Door on Add-On Innovation

[Ruben Safir]

> 
> Ironically, the EFF statement endorses the thinking that gave us
> the DMCA, by harping on "legitimately purchased products" as if
> that made a difference.  The phrase is clearly meant to refer to
> "authorized copies", which it makes the implicit assertion that
> authorized copies are legitimate and that unauthorized copies are
> not.
> 


there are times Richard makes errors and this might be one of them.  The
logic here, believe, is that if one concedes the point that a there can
be moral and legal control of access to creative works, then the whole
abusive copyright/private property/DRM possible and even likely.  This
is not really true.

Your not allowed under any condition to walk into J&R's and steal a copy
of Photoshop.  But once you purchase a copy, then you should have the
legal right to copy it and use in on any computer of your choice.  You
own it, it is your fair use property rights to do what you want with it
outside of selling copies of it.

Furthermore, you need to be allowed to pick it apart to see how it
works, improve it and even release delta improvements to the public.

These are all fair use, and your private property rights.

Under Richards logic here, the GPL itself is contributing to the DRM
threat.  I don't believe that, nor do I believe that the EFF's logic in
this case is faulted.  I must be allowed to use, copy and manipulate my
own private property without the expressed written permission of someone
else. But that doesn't give me to steal it, and I mean real stealing,
breaking and entering or shop lifting.  In fact, that is why DRM is
theft.  Its like breaking and entering in my home and stealing my CD's.
  
Ruben
President and founder of NY Fair
President of NYLXS 2005
DRM is Theft

> Once you accept that assumption, you will find it hard to fight
> against things like the DMCA or Treacherous Computing, whose
> intention is is to prevent these supposedly "illegetimate"
> copies, because you can only argue about side issues such as
> "add-on innovation".
> 
> 
> 
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