A topic that has come up with the discussion about Katana for Maemo 5 has been the issue of enabling an open source (and free) Bible reader to read paid (DRM-ed) formats. Its been a sticky issue within the electronic Bible realm for sometime, and I don’t know that the discussion will go away anytime soon, but there are some aspects to this discussion that need to be stated so that all parties have the same starting point to move forward.
What is Copyright?
The first thing is copyright. Copyright is the defined as a:
…form of intellectual property that gives the author of an original work exclusive right for a certain time period in relation to that work, including its publication, distribution and adaptation, after which time the work is said to enter the public domain. Copyright applies to any expressible form of an idea or information that is substantive and discrete and fixed in a medium. Some jurisdictions also recognize “moral rights” of the creator of a work, such as the right to be credited for the work. Copyright is described under the umbrella term intellectual property along with patents and trademarks.
In most respects, this makes simple sense to all. Law designed to allow artists to profit from their work without fear of infringement by someone else. When it comes to mobile Bible software, there are several areas where copyright tends to rear its head:
- The coding used to transcode and format the Biblical text
- The Biblical text (per its translators or publishers)
- The code and user interface of the application that reads the Biblical text
- The systems used to develop or support the application or publishers’ copyright
In respect to copyright, its a law. And laws are different for different regions. Some regions will limit a copyright for a certain amount of time to the original creator, whereas other areas might not limit it at all except in certain applications.
And while most of this is pretty simple, the idea of ownership throws all of this into several grayer-than-most areas.
Copyright and Licensing
The problem comes in enforcing copyright in a realm like the Internet where the concept of “regions” tends to get lost very quickly. Because something is attainable, the regional law needs to have a non-regional aspect to it if copyright is going to be skillfully applied. This is where the idea of licensing comes into play. Licensing allows the copyright holder to be compensated for their work, but also for the purveyor of the said work to use that item in a way that best fits them.
We see this in respect to music. When you purchase music (in the US), you are purchasing a license for its fair use. And in many cases, this fair use includes you being able to listen to that purchased music on any personal devices that you own.
Electronic Bibles
The same isn’t exactly the case when it comes to electronic Bibles. Because of publishing rights and regional issues relating to literary works, licensing Biblical content for use across several devices or reader applications isn’t something that’s done from company to company.
This is why there are several Bible reader companies, and many of them do Bible readers for several types of software. Their licence to create and dissemenate only covers the material within their applications, not across it.
Where Ethics Comes In
Therein lies the issue of ethics for the mobile/electronic Bible user. Sure, you can purchase a Bible from “Company X,” but you’d only be able to use it within their application. Because of the limited license (to you), to use that material on another device would mean that Company X would need to develop a container for you to read it.
Even if you are enterprising enough to take Company X’s Bible and use it on Company Y’s application, you still have the problem of licensing. Technologically, its not an issue to do that. Ethically it is. You are circumventing the license in order to gain accessibility. That’s breaking the copyright, and therefore putting the law maker in position to execute justice for the copyright holder.
Solutions???
It would seem though that there are no solutions for issues like this. There are too many devices requiring too much custom code, and then so many versions of the Bible with so many owners of those copyrights. Its not an easy thing to make something available to all and then secure it for those who created it and deserve their compensation for time/resources.
But then again that just may be the problem worth fixing. Right now, companies license Bibles from creators/publishers, not individiual users. If users could also – inexpensively – license content, then maybe that license would have provisions for them to select which devices fall under that licensed use.
Bible software companies would then move into doing things to make their reader applications the selling point, promising compatibility with that licensing scheme, and value-adding whatever else would draw people to them.
I don’t really know what a total solution would look like. But, in light of the many, many, people using mobile and other devices for a Bible, its clear that something different needs to be done so that copyright holders are rightfully compensated, but users don’t have so many hoops to go through just to make sure they can use the materials they’ve created.
In the meantime, don’t break a license just because you can. Follow the laws of your land, and work with those groups who are trying to enable change in a legal and God-affirming means. We all win when things are done in good order.
Render Unto Steve What Is Steve’s
Monday, October 1st, 2007Its taken a while to get my thoughts and heart together enough to address this. Considering the fervor that various mobile devices have caused in the past year though, I think that some accountability is an order, or at least a good bit of checking our motives at the door when it comes to these devices and what we want to do with them.
If you will, think of this as a look at stewardship, ownership, and accountability.
Matthew 22:15-22 ESV
This weekend I took some time to read through RSS feeds on my Treo. It had been some time since doing so, and there are several websites that I read there, that I do not anywhere else for various reasons. One of the common themes of the week happened to be the update for the iPhone (Version 1.1.1) that had come out. Several websites reported on this update beforehand of having the possiblity of bricking, or rendering useless, their iPhones. Those that would be effected would be those whose devices were being used on another carrier’s network, or had other functionality exposed that was not in the original design of the iPhone.
The day of the release came, and then came the reports of what worked and what did not work. Suffice to say, there were plenty of disappointed people. Especially those who had unlocked the iPhone to be used on other carriers around the world, or those whose use of special applications enabled functionality that was nor present in the off-the-shelf-version.
A statement from Apple days before the release of the update (from Engadget):
So basically, if you installed software you were not supposed to, then you are not supposed to expect an official update to continue to allow your device to work.
A post that I read at The SmartPDA posted this (thanks):
Anyone who purchases an iPhone enter[s] into a provider agreement with AT&T, and into an End User License Agreement with Apple over the smartphone’s software.
There are two aspects at play here, one of which is very much a part of how Christians define themselves as relating to the world around us:
Romans 13 ESV (selected quotes)
There are a few ways of looking at this, but we will will just cover a few of the topmost points, and let discussion merit the rest.
Because of end-user license agreements that a person agrees to when they purchase software or hardware, you agree not to do certain things to the item in return for a specific service. When you pay Apple (Steve Jobs and company) for the iPhone, one part of that agreement is that you make the concession NOT to modify the software of the device in any fashion, nor to manipulate the ability of the radio software to work in any fashion not prescribed by At&T or Apple.
In the US, phone makers and carriers are required by law to allow for a phone to be unlocked to be used on compatable carriers where possible. This law is usually circumvented by carriers by modifying aspects of the hardware or software so that it is harder for the device to work on another carrier. Or, by making exclusivity agreements with carriers that stipulate that a device is to be sold/used on one carrier for a specific amount of time. The latter is the case with the iPhone.
So, is it against the law to modify your iPhone to be used on another carrier? Yes.
Is it against the law to demand that Apple modify the agreement that you signed and agreed to stating that you would not use the device in any way that violates the terms of service or end-user agreement? No. It is not against the law to demand it, but not right to expect it per your timing.
As much as we believe that a device is ours and we should be able to do what we want, the truth is we cannot. As believers, and moreso as law-abiding citizens, we have to hold to standards that speak not towards lawlessness, but towards civility. If you are a believer who has purchased an iPhone and are using it in ways that break the end-user-license agreement or terms of service, you cannot expect your unsantioned use to be officially updated. If what you purchased does not fit how you want to use it, then find a device that does, or admit that your lusts cannot be fulfilled by this temporary thing and wait on the device that does work best for what you’d like to do.
Give Apple their just due for providing a device that has made you excited, but don’t let your lusts for wanting to use it cost Christ’s name.
Tags: Apple, freedom, iPhone, iPod, jailbreaking, law, open source, ownership, stewardship
Posted in Commentary, Devices and Software | No Comments »