Have a look at: http://www.cis-india.org/advocacy/ipr/blog/tpm-copyright-amendment
The worst part about the law is that it makes unlawful circumvention a
*criminal* act (as opposed to a civil wrong).
Further (from the above-linked blog post)
* TPM-placers have been given the ability to restrict the activities of
consumers, but they have not been given any corresponding duties. Thus,
copyright holders do not have to do anything to ensure that the Film &
Telivision Institute of India professor who wishes to use a video clip
from a Blu-Ray disc can actually do so. Or that the blind student who
wishes to circumvent TPMs because she has no other way of making it work
with her screen reader is actually enabled to take advantage of the
leeway the law seeks to provide her through s.52(1)(a) (s.52(1)(zb) is
another matter!). Thus, while there are many such exceptions that the
law allows for, the technological locks themselves prevent the use of
those exceptions. Another way of putting that would be to say:
* The Bill presumes that every one has access to all circumvention
technology. This is simply not true. In fact, Spanish law (in Article
161 of their copyright law) expressly requires that copyright holders
facilitate access to works protected by TPM to beneficiaries of
limitations of copyright. Thus, copyright holders who employ TPMs should
be required to:
* tell their customers how they can be contacted if the customer
wishes to circumvent the TPM for a legitimate purpose
* upon being contacted, aid their customer in making use of their
rights / the exceptions and limitations in copyright law
On Monday 13 December 2010 08:47 PM, Raj Mathur (राज माथुर) wrote:
> Summary: from a freedom point of view, nothing has changed. In fact,
> 65A (2) might actually free up deCSS in India.
There is no question of s.65A(2) freeing up deCSS, since it has thus far
not been unlawful.
> Basically, 65A (1) adds a penalty for doing something that is illegal.
> It does not create a new crime by itself. If copying a DVD is illegal,
> *due to another law,* then you get 2 years added to your sentence. But
> if copying the dvd was legal, 65A does not apply. 65A (2) then
> clarifies, immediately, for those who need the clarification, that 65A
> (1) is not standalone.
This is not true. 65A does create a new crime. However, it makes the
new crime conditional on knowing copyright infringement. Thus the
anti-circumvention provision can only be breached if regular copyright
law is also breached.
> So the legality of deCSS has not changed a bit due to 65A.
I would agree. In India it was legal earlier, and it remains legal now.
>> BTW, what does DMCA say about configuring your DVD player to make it
>> region-free?
>
> The DMCA says nothing, and there have been no criminal actions for a
> user changing his Region.
Given that it isn't included in the exceptions, it would be illegal.
See: https://www.eff.org/deeplinks/2009/05/when-fair-use-fairly
> You may run deCSS, you may break Adobe DRM encryption, you may factor
> prime numbers (yes, you may). Nothing has changed.
Only if you are doing so for an otherwise legal (non-infringing) purpose.
>> The Motion Picture Association said that this section appears to
>> allow unlimited acts of circumvention for the viewing of movies on
>> all digital devices by individual viewers, since, among other
>> things, “access controls” are not covered and the viewing of a work
>> streamed to digital devices may never involve an infringement by the
>> person viewing that film.
>
> http://www.medianama.com/2010/11/223-india-copyright-internet-piracy-
> drm/
>
> So the MPAA thinks this bill makes things worse for them. That is good
> for us, right?
The MPA does not think that this Bill makes things worse. They are
stating, instead, that this doesn't go far enough.
--
Pranesh Prakash
Programme Manager
Centre for Internet and Society
W: http://cis-india.org | T: +91 80 40926283
signature.asc
Description: OpenPGP digital signature
_______________________________________________ network mailing list [email protected] http://lists.fosscom.in/listinfo.cgi/network-fosscom.in
