France rolls over on iTunes DRM-busting law

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Copyrights not absolute

People need to realize that a Copyright is granted by society to the producer in return for something. In other words, it is a bargain, in which both sides give something in return.

In return for granting legal protection to the producer for a fixed, limited time, society also gets to set some rules.

The first is supposed to be the time limit. But since Disney can't afford to let Mickey Mouse fall into the public domain like it was supposed to, they've bought enough Senators to perpetually extend the time limit.

Another limitation placed on copyrights is Library usage. Copyright holders cannot sue libraries for allowing anyone and everyone to use their copy of a book. Similarly, they can't stop you from reselling your copy of a book, or quoting a section of it.

But now with the digital age, corporations are trying to rewrite the rules. They don't want you, the consumer, to get anything in recompence for the copyright.

As the first step in this, they want you to think that your rights are defined by them in a document called a EULA (End User License Agreement) that they write and you have no say in whatsoever. The party line will be "You don't like it? Don't buy it." Of course, you can't read it -- it's in ALL CAPS LEGALEZE, and shrink-wrapped inside the box that you can't return once opened. But that won't stop them.

The second step is to get the government to agree that the EULA is a contract -- even though you haven't signed it, or even read it. This is already a done deal.

Why? Because you've been sold out. Don't feel too bad -- the French have been too, as seen in this law.

The authors of the original law dared to suggest that you, the consumer, had certain rights to copyrighted material you purchased (such as iTunes). Rights that could not be removed by a corporate EULA. For example, once you purchased a song, you have the right to play it on any piece of equipment you own: iPod, stereo, car, mp3 player. The French law was written to enforce that right. That's "enforce", as in "force the corporations to obey it."

The corporations won. You have no rights.

Posted by: gordon@...   Posted on: 06/23/06 You are currently: a Guest | Members login | Terms of Use

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