A great interpretation of being 'WIPO compliant.'
Nan Rubin
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Brazil's copyright law forbids using DRM to block fair use
<http://www.boingboing.net/2010/07/10/brazils-copyright-la.html>
http://www.boingboing.net/2010/07/10/brazils-copyright-la.html
Cory Doctorow <http://www.boingboing.net/author/cory-doctorow-1/> at
3:13 AM Saturday, Jul 10, 2010
A UN treaty called the WIPO Copyright Treaty requires countries to pass
laws protecting "software locks" (also called DRM or TPM). Countries
around the world have adopted the treaty in different ways: in the US,
the Digital Millennium Copyright Act prohibits all circumvention of
software locks, even when they don't protect copyright (for example, it
would be illegal to for me to break the DRM on a Kindle to access my own
novels, were they sold with Kindle DRM).
Brazil has just created the best-ever implementation of WCT. In Brazil's
version of the law, you can break DRM without breaking the law, provided
you're not also committing a copyright violation. And what's more, any
rightsholder who adds a DRM that restricts things that are allowed by
Brazilian copyright laws ("fair dealing" or "fair use") faces a fine.
It's a fine and balanced approach to copyright law: your software locks
have the power of law where they act to uphold the law. When they take
away rights the law gives, they are themselves illegal.
§1º. The same sanction applies, without prejudice to other sanctions set
forth by law, to whom, through whatever means:
a) hinders or prevents the uses allowed by arts. 46, 47 and 48 of this
Act [which addresses limitations to copyright including fair dealing]; or
b) hinders or prevents the free use of works, broadcast transmissions
<http://www.boingboing.net/2010/07/10/brazils-copyright-la.html> and
phonograms which have fallen into the public domain.
--
PS. The Library of Congress NDIIPP project has been closed out and I am
no longer using the <thirteen.org <http://thirteen.org>> email address.
please use this on or nanrubin <at> gmail.org <http://gmail.org>
muchas gracias!
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Nan Rubin
Community Media Services
4700 Broadway # 2J
NYC NY 10040 USA
212-569-3391
www.nanrubin.com <http://www.nanrubin.com>
"Any sufficiently advanced technology
is indistinguishable from magic."
Arthur C. Clarke