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

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

So the viewable "Die Hard" is a derivative work
of the scrambled version on the DVD, and I only
own the scrambled version without the right to
create a derivative work (the viewable version)
unless I have a player licensed by the DVD-CCA?

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

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



> -----Original Message-----
> From: Jeremy Erwin [mailto:jerwin@ponymail.com]
> Sent: Thursday, January 09, 2003 10:58 AM
> To: dvd-discuss@eon.law.harvard.edu
> Subject: Re: [dvd-discuss] Postage Meters and the "Right to Tinker"
> 
> 
> 
> On Thursday, January 9, 2003, at 01:29  PM, John Zulauf wrote:
> 
> > 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.  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 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?  One must add authorization "sauce" (true or
> > forged) to make it so. The unsolicited good is only the 
> installer disk
> > "as-is" (and not a functioning copy of TurboTax).   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.)
> >
> Let's bring out the GNU argument-- the GPL is based on the (well 
> accepted) right to control the creation of derivative works-- as long 
> as the original work remains under copyright, no person may, 
> except for 
> parody, commentary, or educational purposes (fair use), create 
> derivative works without the permission of the copyright holder.
> 
> Now, in the case of TurboTax, the application of an authorization 
> string creates a new derivative work-- as the combined work is very 
> similar to the original work (TurboTax without key)...
> 
> I suppose that if one does not wish to disentangle the FSF, CCA, and 
> TurboTax, one can always fall back on the old standby-- 
> copying to the 
> hard drive is an infringement on their rights, and that the key is 
> merely a digital signature acknowledging the exchange of 
> money for the 
> right to use.
> 
> Jeremy
> 
>