The Petition to protect Information Technology
Property Rights.
THEREFORE, your
petitioners call upon Parliament to prohibit the application of a
technical protection measure to a device without the informed consent
of the owner of the device, and to prohibit the conditioning of the
supply of content to the purchase or use of a device which has a
technical measure applied to it. We further call upon Parliament to
recognise the right of citizens to personally control their own
communication devices, and to choose software based on their own
personal criteria.
The petition opposes two
specific controversial techniques that some copyright holders are
using.
A) The encoding of content by copyright holders, or
their agents, such that the content is only interoperable with a
chosen subset of access devices. This is the technique that has
many countries legitimately investigating companies like Apple for
competition and/or anti-trust issues.
B) The locking down of hardware such that the owner is
not given the keys and is treated as a threat. This is the abuse of
technology that leads to invasions of privacy, circumventing
computer security, blocking new forms of creativity and many other
problems associated with computers being under the control of
someone other than their owners.
The larger security
implications of allowing and/or mandating that hardware not be under
the control of its owner should not be underestimated. Stuart Baker,
US Department of Homeland Security's assistant secretary for policy,
had the following to say when speaking to a group of large copyright
holder in 2005.
"It's very important
to remember that it's your intellectual property -- it's not your
computer. And in the pursuit of protection of intellectual
property, it's important not to defeat or undermine the security
measures that people need to adopt in these days."
Renter vs Owner
Not mentioned in
the petition, but if there is a legitimate reason for media
distributors to have remote control of the technology, this needs to
be done in an honest and transparent way by declaring the hardware as
being "rented".
It is appropriate to legally
protect technologies used by the owners of computer hardware to
protect them from unauthorized access and remote control. This
should require copyright holders and hardware vendors that wish to
retain control over hardware to clarify that they are retaining
ownership rights and responsibilities. This alerts the consumer to
the real relationship that they have with the hardware vendor and the
hardware, clarifying that they don't own the hardware, and allowing
them to make a more informed consumer choice. It more easily allows
governments to protect the rights of renters, much as governments do
in the housing rental market. It also clearly puts the liability for
any problems caused by the vendor-controlled device onto the vendor
where it belongs.