DRM hopefully to be fixed in Portugal

DRM bills being discussed, with a physical DRM'd book
sent by ANSOL serving as an argument

2001's European Directive 2001/29/EC says that member states must legally protect DRM measures, making it illegal to circunvent them. But it also states that they must ensure that it doesn't prevent uses permitted thanks to copyright exceptions (for instance private copy).

The transposition of that directive to the Portuguese Law (CDADC) was made in 2004, but the way that CDADC ensures that copyright exceptions is protected doesn't work. CDADC states that you can't circunvent DRM, but since you must be able to exercise the copyright exceptions, it states that in those cases you have to request the means to achieve your objective to IGAC (a state administration service). The problem is that if you request those means to IGAC, they won't hand them over to you because they don't have it.

Well, that is now going to change. Two Portuguese parties submitted to the Parliament a couple of bills with the same basic objective: to change CDADC, changing the way the law ensures the right to copyright exceptions by simply stating that if the DRM in question prevents any of those exceptions from being exercised, then you can circunvent them in order to exercise them. Simple and effective, right?
These two bills were debated in the parliament, and then approved in generality. Now they follow it's natural path, to a comission that will merge both bills and do amendments (amendments that will not change the essence of the bills, I hope), and the final text will be again voted in the Parliament, who can turn it into Law, finally giving back users the rights that were taken from them nine years ago.

Timeline:

2001 - 2011/29/EC EU directive is published

2004 - EU directive is transposed to Portuguese Law

2013-06-12 - general discussion about two bills aiming to fix the Law

2013-06-14 - both bills approved in general

2013-06-26 (10:00) - Comission meeting scheduled to discussion and vote of both bills in speciality

DRM in HTML5

Many people have doubts regarding how can possibly be an issue of having DRM on HTML, the foundation language of the entire web. One person in particular had the doubt of "how can it be possible that DRM (closed by its nature) is inserted into a standard?"

I have replied to her about it (in Portuguese), but I think that, with some adaptations and a translation, this text might also have a wider use for those of you trying to understand HTML, standards and DRM. Oh, and don't forget, click on the image in the right to sign a petition against DRM on HTML.

The "short answer"

You should attend to the Document Freedom Day 2013 celebration event nearer to you: they're happening starting today until April all around the world. There, I'm sure, there will be people knowing and willing to explain to you any questions regarding open standards in general and the "DRM in HTML" issue in particular.

The "long answer"

A standard should be considered open if it complies with a number of requisites. Here's the list (taken from this page, that explains each point better):

An Open Standard refers to a format or protocol that is:

• Subject to full public assessment and use without constraints in a manner equally available to all parties;
• Without any components or extensions that have dependencies on formats or protocols that do not meet the definition of an Open Standard themselves;
• Free from legal or technical clauses that limit its utilisation by any party or in any business model;
• Managed and further developed independently of any single supplier in a process open to the equal participation of competitors and third parties;
• Available in multiple complete implementations by competing suppliers, or as a complete implementation equally available to all parties.

Unfortunately not every format is an open standard, or, in other words, doesn't comply with the previous points. If the proposal to have DRM on HTML5 is accepted, HTML will stop being an open standard, since it will stop complying with the second requirement of the list.

In more detail: the proposal on the table is called EME (Encrypted Media Extensions). An HTML document can include EMEs, and the specification of EME enables the website to require a certain "Content Decryption Module" (CDM). And here lies the problem: CDMs aren't standards (much less open standards!) and the EME specification doesn't include or refer to any specification of any CDM. In other words: the definition of open standard we just saw isn't complied, because to implement HTML5 we have to implement EME, which has to accept any CDM, which isn't a standard and so we cannot implement.

In other words, with an example: I make a website, and put there a media object (video, for instance) using EME, and I specify in the HTML document that the EME object needs the CDM module (which is a form of DRM) called "OneTwoThree". Now, if you want to see that website, you need a web browser that knows how to undertand HTML5 and EME (both possible since there's the specification), and the browser then needs to get the CDM called "OneTwoThree" (imagine it as being a browser plugin, not unlike Flash) and use it to play the video. The problems are obvious now: what if the CDM only exists for one specific Operating System? What if the CDM isn't free? You know... the thypical problems of a non-open standard format.

A long needed blog post

I should have written lot's of things on this blog that I've been delaying for a long time... And accumulating issues. Here's a short summary, so I can throw this behind my back:

Activism

ANSOL, the Portuguese FSFE sister association "Associação Nacional para o Software Livre" (National Association for Free Software) is being revitalized, and I am now its direction's Vice-President for the years 2011-2012. If you wondered why I seemed with even less time this last few months, this is probably one of the reasons for it. We've been doing lot's of things, lately organizing the Portuguese event for Software Freedom Day or participating in a Public Consultation on which Open Formats should the country's computer systems use. Today isn't really a "good news" day regarding Free Software in Portugal, since the two parties now in the Government changed their minds since last year (when they were opposition) and decided to reject a proposal that would make the country spend 50% less in Software Licenses by using Free Software.

Music

I've been more silent in 2011, but that doesn't mean I haven't been working. In fact several cool things happened: in March I've released a new album, for the first time in vinyl. A release party was held, here's a small fan-made video of the show:

In August, the latest Merankorii album, "Alain", was released in both cassette tape or tape + CD editions. Here's one of its tracks:

Merankorii - Intermezzo by A Beard of Snails Records

And for December there are also news - some things I'm not yet well sure to publicly state, but one is for sure: I'll be playing live in Lisbon at the 20th, and you're invited to go. Feel free to RSVP in one of the several places where the concert is announced:

• Reverbnation
• MySpace
• Last.fm
• Facebook

I've also participated in various compilations, but let me highlight two of them, because not only (in one case) it has Merankorii, but because both feature new tracks from Kokori, my industrial duo, that spent the year writing what's going to be, eventually, the best album ever: Necktar 2017 Volume 3 and Icaro I. Here's Kokori's track on Icaro I:

What Else? Well... lot's of things, really ;-), but I guess this blog post is already long enough for a "catch up". I intend to do more of these, but this is not a promise ;-)