Woops...watch it there..that's.the whole argument that Kaplan swallowed...you get the authority of the copyright holder by buying the copyright holders authorized players.
Jeremy Erwin <jerwin@ponymail.com> Sent by: owner-dvd-discuss@eon.law.harvard.edu
01/07/2003 05:58 PM
Please respond to dvd-discuss
To: dvd-discuss@eon.law.harvard.edu
cc:
Subject: Re: [dvd-discuss] Re: TurboTax for free?
On Tuesday, January 7, 2003, at 08:00 PM, Richard Hartman wrote:
>> -----Original Message-----
>> From: John Zulauf [mailto:johnzu@ia.nsc.com]
>> Richard Hartman wrote
>>> John Zulauf wrote:
>>>> (3) The TPM protecting TurboTax on the disk is clearly
>> pre-first-sale,
>>>
>>> I disagree on "clearly". Yes, there was no sale, but
>>> there _was_ a transfer of property as a gift. That is
>>> the crux of the issue.
>>
>> There is transfer of property on the full functioning "install disk".
>> TurboTax won't function without (a) key not currently in your
>> possession
>
> The DVD won't function witout the key that was
> issued to the player manufacturer . . .
>
The transfer of the key is an independent event-- it is not distributed
on the same media. TurboTax is trying to use the same distribution
model as satellite TV distributors-- everyone gets the signal-- only
subscribers get the decoding equipment/software necessary to decode the
signal. Authorization is explicitly dependent on payment of a
subscription fee-- no purchase, no decode.
If I buy a DVD at my local record store, it comes with a block of
decoder keys. If I sureptitiously remove the DVD from the premises, I
still have a block of keys. Authorization is not dependent upon
purchase.
But lo and behold, the keyblock itself is itself encrypted. To decode
the DVD, i have to have bought a player. Authorization is denied
despite the sale. To obtain authorization, I must buy a player.
So, I go down to the electronics store and secure myself a player. As
it fits my legal strategy, I make sure this acquisition is obtained
with cash, rather than sleight of hand. A few hours later, in the wee
hours of the morning, I secure myself a large DVD collection--and all
with the approval of the CCA's legal department.