Re: [dvd-discuss] How many bits is a technical protection measure?

[Charles Ballowe <hangman(at)steelballs.org>]

Interesting read. The lawyer cites 1201(a) and quotes 1201(a)(1) which
seems to lack any foundation as there is no evidence that twm ever 
circumvented a protection measure that was controling access to a work
as defined in title 17. The only evidence from his site about Embed is
that he has used it to open up fonts that he had created, certainly an
allowable action.

They might have more of a case on 1201(a)(2), but that would require that
the primary purpose of his program is circumvention -- nowhere is that
indicated anywhere on his site. His intended purpose, as far as I can tell,
is to open up fonts that he has created. Since creation of fonts by individuals
isn't exactly an activity that few engage in, there is commercially significant
uses of the program outside of its uses for circumvention. (At least I
assume that would qualify).

Maybe he should report the lawyer to lerchey as someone harrassing him online.
;)

-charlie

On Tue, Apr 23, 2002 at 06:48:04PM -0400, Scott A Crosby wrote:
> On Tue, 23 Apr 2002, Scott A Crosby wrote:
> 
> > So, a lounge-rat here wrote a program that would reset those flags to
> > allow him to mark his fonts as embeddable.. He has recieved a DMCA
> > takedown letter (which is on its way to ChillingEffects.org) from a font
> > house ordering him to remove the program.
> 
> Now the dialog is up at:
> 
>     http://www.andrew.cmu.edu/~twm/embed/dmca.html
> 
> (For me, its blank, so I had to 'view source' to read it.)
> 
> Wow.. That makes interesting reading. His program has been in
> existance for over 5 *years*... Now, they're claiming, retractively,
> that its illegal under the DMCA.
> 
> Very very interesting.
> 
> Chilling effects!  If this actually goes past C&D letters, it would be an
> even stronger exlempar of why no one can ever write any program that
> might, at some time (even years) in the future be used for 'circumvention
> of a copyright protection measure'... Which probably includes almost all
> programs ever written.
> 
> Scott
>