[Linux-aus] Developed Capability Equals Intent

[Janet Hawtin]

Peter Miller wrote:
> Here are some words I'm trying to whittle down to a quick pithy way to
> explain to non-geeks what the problem with the DMCA is.  How to I
> squeeze this into a 10 second sound bite?  Feedback appreciated.
> 
> The short version:
> 
>         There is a saying that developed capability equals intent.  It
>         means that if a nation (or multinational corporation) has
>         developed and deployed a technology, they intend to use it.
>         Sony has already shown that it wants to take control of playing
>         your CDs away from you.  For years DVD players prevent certain
>         actions (which most consumers find reasonable) from happening,
>         such as skipping the insulting copyright banner.  We must assume
>         that the entertainment industry intends to take control of our
>         gadgets away from us.  Don't let them, sign the Linux Australia
>         petition today.

I would be careful of that argument.
The main threat of the DMCA for developers is that it will assume that if you 
have created a tool for X use and someone else uses it for Y(being copyright 
infringement) you are a felon for creating the tool.

In this context developing a tool = intent is the kind of argument that DMCA 
lobby would use. I would argue that you are a felon when you infringe copyright 
and a developer when you make a tool and that the development of a chair does 
not make you responsible when people hit each other over the head with them.

I do agree that intent to colonise our desktops has been demonstrated by Sony 
and Microsoft. I do agree that we need to argue that they should not have the 
right so assume right of way on our desktops. They have developed and used these 
tools to compromise(Sony,WGA) our systems without our knowledge, and against our 
interests.

MS now proposes to scrape our hard drives to see what Apple music we have 
installed. That must be an interesting proposal for trade practices 
organisations. Which music publishers and creators will be permitted to scan our 
hard drives.Which won't. MS has not demonstrated any caution about its access to 
our desktop; what makes them a privileged party on our equipment.

We do not have to draw a long bow to connect tools with intent.
These people are demonstrating and promoting their intent.
Their actual and advertised actions are real and tangible.
The tools are just furniture which should not have been used on our systems 
without our permission. A rootkit is more of an explosive device than a chair 
but still there are some constructive purposes for explosives. Its the act of 
making a market share brawl out of my desktop without my say so that irks me.

And yes sign the petition today !