Re: [dvd-discuss] [openlaw] Governmenttakesmoreextremelineinsecond "Eldred" case

["Michael A Rolenz" <Michael.A.Rolenz(at)aero.org>]

One tantalizing question is the fact that the UMP CDs do not adhere to the 
standards created almost 20yrs ago. IN that sense they are deliberatly 
defective. I don't think any legal scholars have ever addressed what sort 
of liability a company incurs by deliberatly creating defective goods for 
the market place. To my way of thinking that constitutes bad faith and 
should set them up for consequential damages if not punitive ones.




"John Zulauf" <johnzu@ia.nsc.com>
Sent by: owner-dvd-discuss@eon.law.harvard.edu
01/11/02 10:49 AM
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        Subject:        Re: [dvd-discuss] [openlaw] Governmenttakesmoreextremelineinsecond 
"Eldred" case




Ronald Austin wrote:
> One more thing I just
> thought of what happens in 2 years when Microsoft changes something in 
their
> OS that breaks the built-in player. 

This is the best question yet.  As it is certainly out of the control of
the record companies to ensure that their software is *never* broken by
a future MS O/S doesn't the CD fail to meet some minimum
"merchantability" or "fitness" test in terms of consumer protection
law.  The are advertising this product as an audio recording capable of
playback on Windows computers, but it's enduring value to the consumer
is in grave danger by a 3rd party. 

Each of us has (or could have) a bookcase, box, or filing cabinet full
of software that doesn't really run right on modern Window's OS's.  What
happens to that bright shiny new UMG album next year when MS launches
it's Mira remote desktop products ... as with current Thin Clients...
bad apps have been known not be RDP friendly.

I repeat my prediction.  UMG will fail, and then blame internet pirates
(as all the works will STILL be available online the day the product
ships).  The ONLY defense any copyright holder *ever* really has is the
goodwill of the customers -- and UMG has spit in it's customers faces.

.002