Re: [Fsfe-uk] APIG Inquiry into DRM tech.

[Alex Hudson]

On Wed, 2005-12-07 at 00:20 +0000, MJ Ray wrote:
> I'll try to make it clear that it's not a solution. It's impossible
> to solve the problems posed by DRM. All "fair circumvention" gives
> is a small hope that we don't lose access to all our culture.

Ok, that sounds cool..

> Backing up computer programs is enabled by section 50A of the
> Copyright Designs and Patents Act... getting a similar permission
> for DRM'd works would be good if marginal, don't you think?

Well, yes and no. I mention Sony v. Owen in the paper; funnily enough,
the judge had a few things to say on this topic even though it was a
moot argument by the time he got around to it:

        "Next there is the backup argument. I have to confess I found
        this rather fanciful. Thus far, millions of Sony games have been
        sold around the world without anybody making backups. They could
        not make backups which would work until a circumvention device
        arrived. Reliance is placed upon Section 50 A which provides,
        
        'It is not an infringement of copyright for a lawful user of a
        copy of a computer program to make any backup copy of it which
        it is necessary for him to have for the purposes of his normal
        use'
        [..]
        "Copinger considered the question of what is meant by
        'necessary' in the latest edition of Copinger & Skone James. It
        points out that Section 50 A is consequential upon Art. 5 of the
        Computer Software Directive [..]. It goes on to say,
        
        'While the making of a backup copy is no doubt highly
        desirable, it seems arguable that it is not usually
        necessary.'"

So, basically, in order to make use of 50A, you have to have some
rock-solid reason that you really can't make use of the work without
being able to make backups. I love the judge's logic on this: "millions
of users could not make backups because DRM prevented them, ergo they
did not need backups". 

This might be a point worth saving for the Gowers review.

Cheers,

Alex.