Declaración de i-commons de Río sobre la gestión de derechos digitales
THE RIO 2006 DECLARATION ON DIGITAL RIGHTS MANAGEMENT
AS THE ATTENDEES OF THE 2006 iCOMMONS iSUMMIT, WE BELIEVE that the implementation of technical control of content through digital rights management systems (DRM) can hinder the development of arts and culture. DRM and mass-prosecution of filesharers are not acceptable solutions to an open and equitable society.
WE BELIEVE that creators and distributors have legitimate interests in protecting their works, but that DRM is not an effective or necessary means to achieve those interests.
WE BELIEVE that use of DRM is characteristic of a social order based around control and access permission, instead of cooperation towards common goals. Rules that were once arrived at through public deliberation and enforced through legal regulation become results of private decisions made by operators of DRM systems. The functioning of public institutions such a libraries, archives, universities and research centers, may be harmed by protection of content through DRM systems.
WE BELIEVE that creative reuse is one of the bases of culture, and that creative reuse is a central freedom to take full advantage of new digital technologies. DRM hurts amateur and not-for-profit artists that cannot pay content licensing fees and until now have functioned in a space provided by fair use provisions.
WE BELIEVE that DRM strengthens the position of intermediaries – media companies and publishers – at the cost of the rights of authors, as it is the former who introduce and control such measures. With the help of DRM, producers can set up strict distribution standards and force artists to adhere to them, even if these might be against their interest and restrict artistic freedoms.
WE BELIEVE that competition is maximized when consumers receive the most rights – meaning content that is not encumbered with DRM systems. DRM means that the choice of media player is tied to the content itself, and can be used to create monopolies in the media player markets by content providers.
WE BELIEVE that primary goal of copyright lawmaking must remain a balance between the rights of publishers, creators and those of the public.
NOW THEREFORE, we, the undersigned,
(1) call for the creation of exceptions to anti-circumvention regimes that permit circumvention where it is undertaken for a lawful purpose;
(2) call for the creation of exceptions to anti-circumvention regimes that permit the circulation of circumvention devices that can be used to enable a lawful use;
(3) call for the exploration of new approaches such as flat fee or compulsory licensing of digital content to ensure compensation of rightsholders without control over users;
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