These two features of paracopyright - a prohibition on releasing compatible, legal implementations of existing products and a prohibition on disclosing security vulnerabilities - are at odds with the purpose of open standards: In the interim, the vulnerabilities spread to new systems and were sometimes exploited by attackers. Security researchers widely cite the chilling effect of this as a factor in preventing disclosure of their results, and there have been real-life instances of serious security vulnerabilities that were able to fester for months after discovery because the initial discoverer was advised by counsel not to make any disclosure - these vulnerabilities were not disclosed until less risk-averse researchers independently rediscovered them and came forward. This includes the disclosure and demonstration of vulnerabilities in technologies that include an access control. Rightsholders' counsel have argued (sometimes successfully), that the prohibition on circumventing access-controls includes a prohibition on publishing information that would assist in circumvention. (See EFF's white paper on this for more.)Ī significant consequence of paracopyright is its impact on security researchers. You own isn't piracy by any stretch - but the paracopyright created by DMCA 1201/3 allows rightsholders to prosecute vendors, software authors, and users who reconfigure their devices to allow them to install any software they choose to run. Buying a program from a vendor and installing it on a phone For example, some mobile OS vendors use access-control systems to prevent users from installing software from sources other than the official OS app store. Under 1201/3 (etc), rightsholders who deploy access control systems have a right of action against manufacturers, users and third parties who defeat this access control, even when that defeat is undertaken for a lawful purpose. These limitations and exceptions to copyright include the familiar categories of "fair use" and "fair dealing" as well as ideas like "exhaustion" and "first sale."ĭMCA 1201/3 and its analogues create a new cause of action for rightsholders that goes far beyond the traditional "anti-piracy" contours of copyright and establishes a form of private law, often called "paracopyright" by IP law scholars. The limits to these rights are also defined by statute for example, "format shifting" exemptions that permit transcoding media for use on a variety of devices "time-shifting" exemptions that allow users to record streams for later viewing, etc. The incorporation of EME in the W3C's work brings its work-products, for the first time, under an obscure and difficult-to-navigate realm of copyright called "paracopyright," which is created by statutes such as section 1201-1203 of the the US DMCA, as well as laws in other territories (EUCD implementations in the EU Bill C-11 in Canada and other laws throughout Asia, Latinamerica, Australia, NZ, etc).Ĭopyright concerns the exclusive rights to authors to control a limited suite of statutorily defined activities, generally: reproduction, performance, display, and adaptation. Examples of security research confounded by anti-circumvention Tanardo Piramca 11: Nickelodeon/ Cheddar ( Nick Jr.Iii. Hogunesond Media inc.: Hogunesond International MediaĬNP Corporation: CNP 1 (HD) | CNP 2 (HD) | CNP 3 (HD) | CNP 4 (HD) | CNP Kids First Time | NOW | The Drake Channel ( Blocks) | Music Plus | Music Plus Classic Pop | France Television USA | PMG Network | TOX | Suius TV | FeralSage ( FeralSage Jr.) | The Malachi Channel El Kadsre | TechStorm USA 6 | PolyGram Channel | 2BS | Panda (25%) | Biggs (25%)ĥK International Television FTA Division: TV 6 (El Kadsre) ( TaugTV 2 | TaugTV Extra 2) 4 | RBT | ITV Ringia 7 ( its channel | ITV2 | TVNow | RXITV | CITV) | 5K.Lava Sports Regional Networks ( Lava Sports College). Other assets: Lava Sports News | Lava Sports Games ( West International channels ( List): Latin America
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