Heiko Recktenwald on Fri, 1 Oct 2004 07:15:05 +0200 (CEST)


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Re: <nettime> WIP-O-GRAM x3 [AP, FT, Reuters]


Hi,

On Thu, 30 Sep 2004, nettime's_roving_reporter wrote:

> For instance, the agency's copyright treaty, which came
> into force in 2002, includes technological protection
> measures which preclude "fair use of educational
> learning tools," harming the interests of developing

This is only part of the truth. The WIPO treaties are MUCH better than
people think, the "bad guys" are the states, that make laws like the US
DMCA. Not all states go this way, see for example Helvetia.
The WIPO treaties allow fair use in all cases and even the EU directive
knows fair use, Germany has implemented it in the case of education,
it has not yet implemented it and may never do so in the cases of
phonograms aka CDs and DVDs, the poor record industry, it has done so
allthough it was NOT forced to do so by the directive, sort of a con
game, well, well, german politics today.

But DRM etc has not only a legal side, it can be also effectiv by itself.
On the other had you have to break it only once and are free to make as
many copies as you want. It may not be the digital "original" anymore, if
you copy the CD once in the analog way, if it is necessary, but what is
"the original"? The "original" is the one with DRM? Has is some "aura"?
Walter B....


H.


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