Is Free Software and GNU / Linux in danger with what is promulgated in Mexico?
A few days ago, on June 29 and 30, in the Mexican Senate, reforms have been approved to the Federal Copyright Law (LFDA), both in the Senate and in the Chamber of Deputies. This reform now establishes that digital locks must not be broken, with very few exceptions. Noting that, a digital padlock is nothing more than a technological protection mechanism used by device manufacturers or developers to ensure the usufruct of copyright that belong to you.
But how can this affect or endanger Free Software and GNU / Linux? Well, making a summary of what has been commented by organizations and citizens of said country about said legislative reforms, it can be extracted that these new changes in said laws can now be penalty of administrative or criminal sanctions, prevent users from performing certain technical activities considered sensitive for manufacturers or developers.
Legal reforms that violate the digital rights of Citizens?
Among the latests Moravia's compositions sensitive technical activities, what are you legal reforms They can include, according to said organizations and other citizens, are the following:
- Make a copy of the information that the systems contain,
- Access or alter the original software code provided with the device,
- Replace the original software provided with the device with an alternative one.
Which clearly, according to these organizations, restricts or violates the freedom of users to decide how use and repair your devices acquired, since repairing is usually a technical activity that tends to resort to breaking the digital padlocks (Manager of Digital Rights or DRM, of English Digital Rights Management) of the devices, in order to update them in the event that, for example, it has been discontinued by the manufacturer.
And consequently, by restricting or prohibiting them from using Non-original software legally provided by the device manufacturer, evidently they may be referring to Free and open operating systems and / or programs.
Or what is the same, to the use of Free Software, Open Source and GNU / LinuxOn computers, tablets, mobiles, video game consoles and other types of computing devices.
New Federal Copyright Law of Mexico
According to the organization R3D or Network for the Defense of Digital Rights y Article 19, among many other organizations and citizens of that country, warn that if this law and other related legal reforms, which have been given in Mexico to adapt your national legislation to intellectual property chapter of the T-MEC, you can get to:
- A serious setback to the freedom of expression agenda.
- An increase in internet censorship
- A decline in the protection of human rights
Regarding this last point in particular, they say that the right to freedom of expression and the right to repair electronic devices should be included.
From me, as a passionate user, promoter and advocate of Free Software, Open Source and GNU / Linux, I give you all my support, in defense of your digital rights, especially the one referring to repair your electronic devices y use Free Software, Open Source and GNU / Linux, on them, if they wish.
We must look at this case very carefully, since if all these possible consequences are true, we could be seeing many similar cases in other countries, which would seriously jeopardize the existence of the Free Software, Open Source and GNU / Linux, as we know it today, but on a global level.
Additional Information
For more information, both against and in favor of these reforms, you can see the next official video of the organization Network for the Defense of Digital Rights, called: Threats to digital rights in the implementation of the TMEC. And review the reforms approved in the following 2 links so that each one can form their own independent opinion on such an important topic for everyone:
Conclusion
We hope this "useful little post" on the possible serious consequences that the new legal changes in Mexico especially for the use of Free Software, Open Source and GNU / Linux, both for its citizens and for all of us globally; be a lot interest and utility, For the whole «Comunidad de Software Libre y Código Abierto» and of great contribution to the diffusion of the wonderful, gigantic and growing ecosystem of applications of «GNU/Linux».
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It will monopolize repair services. If you can only have one piece of equipment repaired by the seller, they will raise the price because, after all, you can't go anywhere else. The repair could well be much more expensive than a new computer and you would have to pay it anyway to get your files back.
Hello, very good article, but there are certain errors regarding the information that circulates on the network, since free software as such is not affected by these modifications in the law of Mexico since they are the same licenses used in the software free those that allow modification and distribution.
In addition to the fact that the modifications to the copyright law not only cover software, it also applies to those who want to fix / modify for example a car, a television, a video game console or for example in terms of information affects articles, books, academic information since it would also be penalizing the use of fragments or parts of a work, book, video, news, documentary, etc. For your criticism, computing purposes, education and more.
As for the modification / repair at the hardware level of equipment, in the first instance, desktop computers that are assembled by different parties are excluded since no brand of any part that you acquire indicates which OS to use.
The problem lies with branded equipment, smartphones, tablets, etc.
But as you mentioned, various details still need to be polished, since if so, this here in Mexico (country where I live) would be turning into a witch hunt.
Finally, the most worrying thing is the fact that to a certain extent they want to take control of the ISPs and that anyone can claim and request the removal of content arguing that they have copyright without providing any proof, since previously orders of a judge for it, but now things change.
Undoubtedly yes, it is a pretty strong blow for any Mexican, because as you say it violates many rights from the user in terms of the free use of "its acquisition" and on the other hand it is closing everything to a monopoly since the user will not have the free choice where to repair your equipment.
Greetings David! Thank you for your comment and enriching contribution about what is happening in Mexico, especially when you are there so that we can know first-hand how much is true and how much misinformation is.
and guess who is going to monopolize that business? This is Salinas.
If you cannot make modifications, it will surely be illegal to format a computer with pre-installed software (Windows) if you want to put GNU / Linux on it, which, when it comes to free software, is a huge setback. What a setback ...
A good time to take off the sale of devices without a pre-installed system.
Greetings to all who have read and opined! I leave you here this link that they passed us that is supposed to be the approved law and in which many say yes and others say no, about prohibiting certain sensitive activities, which as many suspect could affect the right to use and repair your devices at your convenience, and consequently affect Free Software and GNU / Linux in the long run: https://infosen.senado.gob.mx/sgsp/gaceta/64/2/2020-06-29-2/assets/documentos/Dic_Cultura_ELSegunda_Ley_Federal_Derechos_Autor.pdf
You have to support Free Software; Always Free, Always Linux
Greetings Efren! Thank you very much for your comment and I totally agree: Always Free, Always Linux.
How can you tell that no one has read the law published in the Official Gazette of the federation.
The law regulates copyright, it does not regulate internet access, much less the modifications that we can or cannot make to our devices.
The law clearly describes that for teaching, research and innovation purposes, any modification that enriches your experience is totally allowed.
So far, this law is against using proprietary software without a license and / or cracked such as games, office or Windows itself, it is against people who have their premises where they repair cell phones with stolen parts, against those who remove Google accounts and iCloud.
The law also goes against any medium that profits from the copyrighted content of any author.
For example, it is not illegal to make copies of a book, it is illegal to make copies of that book and sell it as if it were an original.
In an adaptation to the federal copyright law that already existed since 1994, only that it was adapted to the current technologies and digital media that we currently use.
Stop scaring people away and better spread the published law.
https://www.dof.gob.mx/nota_detalle.php?codigo=5596012
Greetings Emiliano! Excellent contribution. I have included the link along with another similar one, within the content of the article, so that it is more visible and allows "each one to form their own independent opinion on this topic so important to everyone" by consulting official sources directly.