The Digital Media Manifesto

Source

C. Schultz

Title

Proposed edits to final draft of Digital Media Manifesto

No.

030930schultz01

 

This is a proposal for changes to the rev. 03 of the DMM.

Introduction

All of the changes proposed in this submission are based around one single issue. 

In many cases in the early part of the current draft, “Traditional rights”, which are implicitly and sometimes directly defined as “Fair use and privacy”, are discussed to the exclusion of the more general usages that users have enjoyed almost since the beginning of the existence of content.

In this submission’s author’s opinion, Fair use is only “one” type of traditional usages that needs to be respected and supported.

The general proposal is to change instances of the sentence segment “traditional rights” to traditional rights and usages”.

Specifically, this submission proposes:

1. In the section with the header, "Acting on two fronts to break through,,,", replace,

    "Ensure basic user rights as traditionally enjoyed by end users,,"

with,

    ""Ensure basic user rights and usages as traditionally enjoyed by end users,,"

2. In the section that begins with, "On the technical side"

Replace,

    "traditional user rights should be mapped into the digital space,, "

with,

   "traditional user rights and usages should be mapped into the digital space,, "

3. Also in the section that begins with, "On the technical side"

Replace,

    ",,,task of individual legislations which of those rights to mandate"

with

    ",,,task of individual legislations which of those rights and usages to mandate"

4. In the section with the heading, "3. Major actions",

Replace,

    "Mapping of rights traditionally enjoyed by users to the DM space"

with,

    "Mapping of rights and usages traditionally enjoyed by users to the DM space"

5. In the section explaining the various points in the above section,

Replace,

    "in the sense that the platform must technically support those traditional end-user rights, ,,,"

with,

    "in the sense that the platform must technically support those traditional end-user rights and usages, ,,,"

6. Just below the previous sentence fragment, there is the sentence fragment,

    "which of those technically supported rights are e legally required."

Other than removing the hanging "e", this sentence, with the changes proposed for this section, is more technically correct.

7. Replace,

    "P1 Mapping rights traditionally enjoyed by users to the DM space"

with,

    "P1 Mapping rights and usages traditionally enjoyed by users to the DM space"

8.
In the same section there is the mention of the Berne Convention of 1886.  Although it is good to reference that from a historical point of view, I think it would be better to ALSO include a reference to the latest version of the Berne Convention, which I think is the Paris 1971 document which was
originally revised in Stockholm in 1967. The original document, from 1886 is much more limited in scope than the 1971 version. 

    I propose to replace,

    "Part of this body of legislation concerns basic user rights that date back to the Berne Convention (1886), such as the possibility to quote somebody, or the right to copy parts of publications. There is also a set of other abilities, again widely varying from country to country, that end-users have come enjoy, such as end-user exceptions to rights holders' rights."  (here, delete what is in red)

with,

    "Part of this body of legislation concerns basic user rights that date back to the Berne Convention (1886), specifically issues concerned with Fair use such as the possibility to quote somebody, or the right to copy parts of publications.  As well as the extended rights specified in the more recent Berne Convention resulting from the Revision Conference held at Stockholm in 1967. There is also a set of other legitimate abilities that end-users have come to enjoy."

Rational : The more recent Berne Convention adds additional "User" rights.  ‘User' in quotes because many of the new additional rights do not necessarily apply to end-users but instead more directly apply to other users in the value chain that weren't considered in the original convention.
    Also, I suggest removing the "again widely varying from country to country" where it refers to end-user abilities because I don't see the distinction as being that significant.