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Re: [dvd-discuss] Report on Sec. 109 and 117 out



On Thu, Aug 30, 2001 at 09:00:07AM -0600, John Zulauf wrote:
> They commit the ultimate blunder regarding the deployment of new
> technologies and formats. They consider that this isn't import until it
> is widespread.  DUH!!! Once it a fait accompli and there's nothing that
> can be done about it.  Once this stuff gets into silicon -- the public
> is screwed.  Once the bulk of the works are tethered they cannot be
> unchained.

maybe things aren't that evil. their position is, in part,
understandable. tons of more evil things have been tried and were
destroyed in the marketplace (see divx).

however:

> "Nevertheless, we recognize that if the practice of tethering were to
> become widespread, it could have serious consequences for the operation
> of the first sale doctrine, although the ultimate effect on consumers of
> such a development remains unclear."

this might be intended as a message to the industry saying: "we are
paying attention, and if you overdo things, we just might recommend
they be made illegal, and THEN you have a disaster first class. how
would you like having to replace millions of devices and billions of
media, just because you had a silly and then illegal restriction in
them?"


> They admit it affect first sale -- and then ignore that EVERYTHING
> on-deck CPRM/CPSA et. al. is ALL ABOUT tethering. Laughably they state
> that the effect of tethering is "unclear."  Might as well argue that the
> effect of chain books to libraries, or a "literacy test" in order to
> vote is "unclear."

as a matter of fact, they are. you can rant about it at length, but the
truth is you don't have much more than guesses.



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