Re: [dvd-discuss] Re: Correction: ReplayTV: Some Citizens Consumers, Some Not

[microlenz(at)earthlink.net]

I'm afraid the judge is going to claim that "Oh...just because the works cannot 
enter the public domain from the DVD doesn't mean that they can't enter the 
public domain from some other source.." That's Specious of course because when 
something is in the public domain I don't need anybody's permission to access 
it. It also begs the question that there IS another copy available without copy 
protection or how a work can enter the public domain when NO copies without 
copy protection exist. (e.g., We don't make no stinking VHS tapes NO MORE!)

BTW-  cartoons produced by the US government would never have been copyrighted.
But Derek, you can always take them off the DVD put them on your website and 
hope that the MPAA files another lawsuit in absentia!

On 11 Jun 2002 at 1:46, Derek Fawcus wrote:

Date sent:      	Tue, 11 Jun 2002 01:46:17 +0100
From:           	Derek Fawcus <dfawcus@cisco.com>
To:             	dvd-discuss@eon.law.harvard.edu
Subject:        	[dvd-discuss] Re: Correction: ReplayTV: Some Citizens 
Consumers, Some Not
Send reply to:  	dvd-discuss@eon.law.harvard.edu

> Michael A Rolenz wrote:
> 
> > And as I recall, the question has been asked in court or at the DMCA 
> > hearings and the answer was that it wasn't an issue NOW but may become an
> > issue in the future....say 20 yrs from now. I realize that the courts would
> > consider a lawsuit today on the DRMs preventing works from entering the PD as
> > premature. If Eldred v Aschcroft doesn't overturn CTEA, then in 20 yrs it
> > really may be too late. 
> 
> Except I happen to have a Region 1 DVD with copyright expired works,  and
> it's got CSS applied to it.
> 
> The DVD in question is "The Complete UNCENSORED Private SNARFU" from
> Bosko Video.  My understanding is that all of the cartoons contained
> on this DVD are copyright expired.  US produced during WW-II and
> expired due to your pre Berne Convention rules.
> 
> So is it as simple as someone in the US buying a copy of it,  then suing
> 'cause CSS is preventing the works from entering the PD?
> 
> DF