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Subject: RE: [rights-requirements] Parallel or Complimentary System
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Does anyone have any comments on this thought from last week? I think focusing, as is done here, on ‘using the terms in a sentence’ might be profitable as a first step before attempting to agree on definitions of terms.
Bob
-----Original Message-----
I am very confused. But I’m getting used to that, I guess...
Unfortunately, the discussion below doesn't seem to help me much because (aside from the fact that it seems to assume as part of its premise a framework which to me is only a small part of the problem space, namely the transmission of a digital item from a producer to a consumer (though perhaps that assumption somewhat secondary to the argument) and it seems to imply (though perhaps I am just misunderstanding) that the current spec does not have the capacity to handle the concept of roles) it still makes a distinction between an “inherent right” and something else, and I have no means to evaluate what that might possibly mean.
To try to clarify that, I’d like to repeat here the seemingly simple question I asked on the phone this morning:
There seem to be those who are comfortable with the statement that
A. “In the US, teachers have a ‘fair use’ right to certain copyright works”
but who are uncomfortable with the statement that
B. “In the US, the US government has granted teachers permission to perform certain ‘fair use’ actions with certain copyrighted works”
My question is that of what the underlying argument to such a position might be, for I am at a loss to understand how one who agrees with (A) would not agree with (B), as it is in fact an act of Congress that established the ‘fair use’ right in the first place.
Is there someone who can educate me as to the fundamental distinction that I am missing here? Or am I in error, and there are none here that in fact are comfortable with (A) but not with (B)?
Yours,
Bob
-----Original Message-----
All,
per our conference call this morning, let me frame this notion. I am not going to get hung up terms but try to express the concept of inherent rights versus granted rights and how we might resolve a means to provide technology that can enable each of these. Call it fair use call it rights granted by the US constitution or by EU directive... The notion is:
ASSUMPTIONS. 1. Unless there is a continuous connection between provider and consumer, even if it exists it will be impractical to modify an expression on how a digital item can be used each time its "consumer" changes roles and when the expression traverses geographies as well.
2. Roles are important when dealing with inherent rights. As expressed today the role of teacher vs consumer, production executive vs consumer, etc have inherent rights and for expressions to embody all possibilities is also not practical. Each of us changes roles several times each day from worker, to digital item creator, to consumer, to parent to.... and the list goes on
POSSIBILITIES
1. define a complimentary set of expressions to those currently under consideration (or maybe we have what we need and its only the context that changes) and the behavior of an associated "enforcement" function that is bound to a person. Allow it to define roles that that person plays, such as children, parents, teacher, office manager, ticket agent etc... and define inherent rights associated with each role.This will vary some not only by role but by native geography.
2. The enforcement function would then be responsible for resolving rights/permission (whatever) expressions delivered with the digital item verses inherent rights and thus what can or cannot be done with a digital item.
Pete Schirling
Digital Media Standards IBM Research Division Office: +1 802 769 6123/Mobile: +1 802 238 2036/E-Fax: +1 802 769 7362 Mobile text messaging 8022382036@msg.myvzw.com Internet e-mail: schirlin@us.ibm.com
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