Extract from “The Dangers of the TPP to Mexican Legislation Regarding Intellectual Property”

TPP’s article 18.68 points, regarding the technological protection measures (TPMs), that it could be subject to sanction any person who “knowingly or having reasonable motives to know” evades technological locks that controls access to a work, creates, imports, distributes, sells, rents or supplies services or devices to elude such locks, even “if the conduct (…) doesn’t have a commercially significative end or a different use when it eludes the actual technological measure.” The penalties are: i) criminal proceedings [just in case that a preponderant commercial interest exists], ii) pay damages; iii) pay indemnisations and judicial costs; iv) payment of fines.

Let’s think about geographical restrictions on DVD’s or Blu-Ray’s, or iTunes time limits when we rent a movie: the protection system simply won’t allow to do more. Those locks can be used on software, ebooks, academic articles, among others. Far from being a fair system to protect Copyrights, this dispositions are excessive and impedes any other use, even those that we have as consumers and owners of what we buy.

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