RE: [dvd-discuss] Slightly OT - Japanese copyrights

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

From the SSSCA hearings..

That truth is: If you cannot protect what you own, you don't own anything. 


Seems to apply to the first sale issue too....




Richard Hartman <hartman@onetouch.com>
Sent by: owner-dvd-discuss@eon.law.harvard.edu
03/01/02 02:33 PM
Please respond to dvd-discuss

 
        To:     "'dvd-discuss@eon.law.harvard.edu'" <dvd-discuss@eon.law.harvard.edu>
        cc: 
        Subject:        RE: [dvd-discuss] Slightly  OT - Japanese copyrights


Yeah, it is acceptable to record _for_personal_use_ broadcast
or even cable programming ... but you can't sell that copy
since you never bought anything.  That's still the difference.

In addition, the pay-per-view model of broadcasting (primarily
on cable or sattelite) relies on scrambling the signal and only
unscrambling for customers that have paid for that show.  _that_
is where the digital content control mechanisms have a parallel
in the internet world.  streamed "pay per view" content can (and
arguably should) be encrypted, w/ only authorized viewers able
to decrypt (view) it.

Content that I have paid for in a "first sale" manner should
_not_ be locked up by encryption or anything else.

-- 
-Richard M. Hartman
hartman@onetouch.com

186,000 mi./sec ... not just a good idea, it's the LAW!


> -----Original Message-----
> From: Noah Silva [mailto:nsilva@atari-source.com]
> Sent: Saturday, March 02, 2002 2:24 PM
> To: dvd-discuss@eon.law.harvard.edu
> Subject: RE: [dvd-discuss] Slightly OT - Japanese copyrights
> 
> 
> I'm sorry, but the whole concept of "broadcast" is bogus to me,
> especially on the computer.  Anything coming in can very easily be
> saved.  I can save the _streamed_ contents from an internet "radio
> station" "broadcast" (and have from wolf fm before) quite easily.  IF
> oyu can't, it is an artificial limitation enforced by the player, not
> the technology.  Also, since multicast isn't even being used, 
> a specific
> copy is being sent to each person.
> 
> Since it is already known to be acceptible for me to record 
> the radio or
> tv, nobody should be able to complain.
> 
>  -- noah silva 
> 
> On Fri, 2002-03-01 at 12:17, Richard Hartman wrote:
> 
> > 
> > I think there is a difference between a product that is
> > delivered by download (in which case you actually did
> > "buy" something) and broadcast content.  The equivilant
> > on the internet of broadcast would be streamed.  It is
> > never _intended_ that you have a copy of a streamed
> > program.  Any time you view it, it comes off _their_
> > servers.  Otoh, if content is delivered by download
> > you _are_ intended to have a copy ... it's just BYOM
> > (Bring Your Own Media).
> > 
> > Trying to bring this 'round to how the DMCA applies:
> > digital control mechanisms on things that I _am_
> > intended to have a copy of: unacceptable. 
> > digital control mechanisms on things that I am _not_ 
> > intended to have a copy of: acceptable.
> > 
> > -- 
> > -Richard M. Hartman
> > hartman@onetouch.com
> > 
> > 186,000 mi./sec ... not just a good idea, it's the LAW!
> 
>