[cc-licenses] ParaDist Questions
James Grimmelmann
james at grimmelmann.net
Wed Dec 6 17:10:26 EST 2006
Terry Hancock wrote:
> I agree that it is a poor situation, but in fact, "TPM" is itself
> *defined* by "intentionality", so it's necessary that we acknowledge that.
Why do you say this? Neither the WIPO treaties nor the DMCA refer to
any intentionality requirement. The WCT and WPPT leave "effective
technological measures" undefined, and the DMCA defines a "technological
measure" solely in terms of its effects. Interestingly, intention
_does_ come in under the DMCA in the definition of circumvention tools;
the contrast might suggest that there is no intentionality requirement
in the definition of a "technological measure" itself.
Is there some other source for a definition of TPM/DRM that includes
intention?
James
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