RE: [dvd-discuss] Postage Meters and the "Right to Tinker"

["Richard Hartman" <hartman(at)onetouch.com>]

> -----Original Message-----
> From: John Zulauf [mailto:johnzu@ia.nsc.com]
...
> Sham Gardner wrote:
> 
> > 
> > In the case of TurboTax, you are not using the data they 
> sent you to obtain
> > services they would otherwise charge for. You are using 
> information they
> > have already sent you, *without* extracting any additional 
> goods or services
> > from them.
> 
> You are making good and valuable use of the software, a right not
> granted without the authorization of the copyright holder.  

Not so fast.  I am making use of a _gift_ that they sent me.

They sent me -- unsolicited -- a working version of TurboTax.
Working, that is, if I manage to bypass the DRM.  I do, however,
own the program.  Or are you suggesting that all those licensing
agreements that state that the company really owns all software
are valid?

If so, then the MPAA really owns that copy of "Die Hard" too
and I don't have the right to bypass _it's_ DRM either . . .

> They haven't
> sent you (without circumvention) sufficient information to use
> TurboTax.  You are extracting the a right to use without 
> payment to the
> rights holder.  Circumvention changes the disk from a coaster to a
> useful valuable product, 

... and without circumvention (DeCSS) then Jon
only had a coaster that he couldn't watch on his
Linux box ...

The situations are still parallel as far as I can
see, with the possible exception that CSS is not 
a true DRM (since it does not implement authentication
and authorization) and hence should be excluded from
protection by DMCA.

>and a replacement good for any full 
> version of
> the software.  This is right to license is the "good or 
> service" of the
> software company, and circumventing (prior to first sale) 
> infringes this
> right.
> 
> Can we agree that the TurboTax keyware disk mailed to Richard 
> is not the
> complete product as-is?  

No.  It's all there on the disk.  It's just scrambled a bit.
If I manage to unscramble it, then it's all there.

>One must add authorization "sauce" (true or
> forged) to make it so. 

Same w/ CSS, no?

>The unsolicited good is only the installer disk
> "as-is" (and not a functioning copy of TurboTax).  

And "Die Hard" is only on the DVD disc, and not
useful until it is rendered on a display device
(TV, computer).  The rendering process requires
the application of a key -- same as the TurboTax
installer.

If I buy your argument for TurboTax then I also
have to agree that I "own" the "Die Hard" on that
little silver disc, but the only thing I can watch
without a licensed player is my own reflection on
the surface . . .

> The clearly one
> would be defrauding the company of remuneration for  the 
> "right to use"
> a full copy. (RTU's are real products in this industry BTW.)
> 
> .002
> 
> P.S. I am half in DA mode.  I truly believe the ethical side of the
> argument, but I'm using the  arguments of the software industry on the
> legal side.
> 
> 




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

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