Proposed new sentences are in blue

1. Answer to Chris, Phil and Leonardo comments

http://www.chiariglione.org/contrib/030916chiariglione01.htm

1.1 Preliminary background on 'rights'

I support Leonardo 030916 proposal "to improve 3.1.2 with some background about our way of handling rights".

A legal foreword will help avoiding endless discussions on many sentences refering to 'rights', while standing by a constructive position.

I wouldn't place it in section 3.1.2 but rather:

• in section 3.1.1 before the four examples
• or even straight out at the top of the document, in section 2, paragraph on "acting on two fronts to break through" before "on the technical side"

Leonardo original first background sentence

"1. the word "rights" in the DMM is not used in a legal sense, it is more about perception" might be developed as follows (my addition to the original text in block letters):

[md] it is more about SOCIAL perception OF RIGHTS.

It is certainly not desirable to go into theoretical details in the DMM, but it appears that this distinction matches law philosophy (-> competence and precision criteria), which compares 2 conceptions of law: natural law (what law should be, inspired by religion, moral, ethics...) vs positive/legislative norm (what *is* law in enforceable texts).

1.2 Fair use

2. Breaking the DM stalemate, Analogue Media, 2nd paragraph, 2^nd sentence

I am fine with the original phrasing and don't see the necessity to distinguish fair use and exceptions to exclusive rights in a non-legal document. Foundations and implementation are different but results and fields are almost the same.

1.3 Rights at the digital era

2. Breaking the DM stalemate, Digital Media, last sentence

I would add a final sentence:

[md] On the other hand, Digital Rights Management (DRM) technologies may abuse end users rights and some regulations propose to ensure the compatibility between technical protections and access rights/fair use.

2. Answer to Jérôme

http://www.chiariglione.org/contrib/030924barthelemy01.htm

I agree on adding this sentence:

"Rather than treating user requirements in an adversarial way, DRM system developers should integrate these requirements into the DRM system design process as early as possible."

and propose following extension « and should be aware of the values they embed inside code and architectural design. »