Comment Re:FSF is not very truthful in this campaign (Score 1) 926
OMG, not Illegal != Legal Right To in All Products
Agreed. But I'm arguing that it is not right for DRM to prevent me from doing something legal with my hardware. It all gets convoluted below, but I think it comes out in the end...
Maybe you'll understand a car analogy?
maybe! I'm game
It is not illegal to have a CD player built into a car. Perhaps there's a court case ruling that it is not too distracting to the driver so therefore not illegal. That does not mean you have the Legal Right to have a CD player in every vehicle and a company that builds a vehicle with no place to insert a CD player into the dash has overruled that court case.
This analogy doesn't fit because the car does not actively prevent you from taking a sawzall(sp?) to the dash and putting your own cd player in.
As I understand it (and I'm certainly no expert), the DRM actively tries to prevent the user from performing an action on the user's(!) machine that the user is legally allowed to do. This is a rather different concept from not providing the functionality in the first place as in your analogy above. In the case of DRM, a third party is actively preventing the user from doing something legal with their own property.
It is also not your legal right to have the software and ability to copy any CD, it is simply not illegal for you to do so. Therefore it is your decision as a consumer to buy products that are easier to copy, or to buy an OS that makes this process easier. But it is not your God-given or supreme court rules RIGHT to be able to do so and easily with every piece of software and supported easily by every OS or even not actively denied.
hmmm... I'll agree that it may not be my *right* to copy a cd, but since it is not illegal, it is therefore legal. Since it is legal for me to do something, then how can it be right for a third party to prevent me from doing it?
It is legal for me to install a radio in my car. I have no *right* to it, but it is legal for me to do so. It is almost certainly (IANAL) illegal for Toyota to prevent me from doing so. Or an even better analogy: it is almost certainly illegal for whatever entity is responsible for the fuel-injection controller to prevent me from doing so. Okay, that's a tortured analogy. Toyota is the hardware manufacturer, fuel-injection controller is the DRM-enabled operating system and installing a radio is copying a cd. phew. wow. sorry.
This is of course based off my understanding that the supreme court said it is NOT illegal to make a backup, not a ruling stating it IS ILLEGAL to prevent a CD from being copied. If the latter is the case then I apologize for my misunderstanding and withdraw my arguments.
I think your understanding is correct. I just disagree with your reasoning
I'm trying to come up with another analogy...
It is legal for you to paint your house. It is not legal for the carpenter who built it to come to your house and prevent your from painting it (ignoring the whole trespassing issue here). In fact it's absurd.
It is likewise absurd and, in my non-legally-trained opinion, illegal to prevent me from doing something that is not illegal. In fact, it may even be illegal for an OS to prevent me from doing something illegal as the OS vendor is not an authorized law-enforcement officer and I'm not directly harming another, yadda yadda yadda.
There is a machine which has the capability to perform a legal action. There is a piece of software that facilitates that action. There is another piece of software that prevents that action. The software vendor is attempting to dictate what the user can or can't do with their legally owned hardware.
If the software vendor does not want the user to perform this action, then the vendor should not provide the first piece of software. That is the limit of the software vendor's rights in this case. If I choose to install software that allows me to legally perform this action, it is neither the vendor's right nor concern to prevent it.
It is not the software vendor's job to police my actions with my hardware. I think that last sentence is really the crux of the argument. Incorporating DRM into the operating system is just that: the vendor trying to dictate what I do with my hardware. The simple answer is to dump windows (which I've done). It is reasonable to attempt to educate others about how their hardware is being prevented from performing legal actions by a third party.
I know I'm veering into wacko territory now. Must be this retrofitted, but legal, steering system I've got