> Date: Fri, 10 Jan 2014 09:22:49 +0100
> From: [email protected]
> To: [email protected]
> Subject: Re: Campaign for position of chair and mandate to close this   
> community    group
> 
> Fred Andrews:
> > but the W3C has already decided to recharter the HTML WG
> > to include content protection including DRM and thus have endorsed DRM
> > as consistent with the principles of the web.
> 
> That is not entirely correct.
> 
> "supporting playback of protected content" was added to the charter, but
> that term was left undefined and DRM is not mentioned in the charter:
> http://www.w3.org/2013/09/html-charter.html
> 
> Some people consider watermarking to be a (weak) form of DRM and content
> protection.
> 
> And there currently exists no common understanding regarding the terms
> "open" and "open standard" within the W3C.

I understand a lot has been left undefined, but it is clear that the
 charter includes user agent restrictions on the use of content, and 
thus it clearly includes mis-features - otherwise the EME would not be 
within the charter.

I would even suggest that leaving things 
undefined might be a tactic, and that it advantages the proponents of 
the EME by making it easier for them to deflect criticism - it's hard to
 argue about the technical merits of their proposal when the 
requirements are poorly defined.  They have refused to define terms such
 are DRM.

I also understand that the term 'open standard' is disputed.  I have introduced 
the term 'mis-feature' that contradicts an 'open' discussion.

> *If* Tim Bernes-Lee and the W3C decide to promote a specification to
> become an "open standard" which can not be implemented using copyleft
> Open Source licenses due to a fundamental incompatibility *then* the
> discussion here would have failed. So far such a decision does not seem
> to have been made.

This test is not really useful, as others have pointed out.  Even a do-not-copy 
flag is a mis-feature, and this could be implemented in a copyleft Open Source 
licensed user agent.

I believe Tim and the W3C have added mis-features to the HTML WG.  Surely we 
are entitled to judge them based on the charter they endorse and are promoting, 
rather than waiting until they publish, endorse, and promote specifications?

The EFFs formal objection covers many issues well, 
https://www.eff.org/pages/drm/w3c-formal-objection-html-wg The objections do 
not appear to be limited to the above test, and directly address the charter.  
Your own formal objection to the EME FPWD references bugs I filed and defended.

I would encourage you to think over your position and the EFFs position and 
communicate it to the group?  You block my proposals and have claimed not to 
agree with me, but I really do not understand your position.  Would I be right 
that you and/or the EFF were prepared to endorse the EME if Tim agreed to hold 
a discussion on the matter?  If so then this would would have been very 
damaging to the open web.

I would be more than happy to give Tim and the W3C more time to consider their 
position, but only if they suspend the change to the charter and suspend work 
that depends on it, otherwise we are just being played while they consolidate 
their position.

I understand that the EFF is a member of the W3C so there are lots of things 
you could do.  You could publish blocking specifications, mis-features can be 
countered with features, publish any and every extension to the EME that might 
be deemed circumvention as a standard.  Challenge and test undefined positions.

What are you doing except supporting Tim's and the W3C's position?

cheers,
Fred

                                          

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