RE: [dvd-discuss] Skylarov indicted for trafficing and conspiracy .

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

Ok, so 508 just affects Government puchasing options.  So
they can't buy "Alice In Wonderland" with "read aloud" disabled.
No real teeth though.  Is there anything in the ADA that
can be brought to bear on this issue?  


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

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


> -----Original Message-----
> From: Richard Bowers [mailto:richardsbowers@hotmail.com]
> Sent: Thursday, August 30, 2001 12:12 PM
> To: dvd-discuss@eon.law.harvard.edu
> Subject: RE: [dvd-discuss] Skylarov indicted for trafficing and
> conspiracy .
> 
> 
> Not exactly, but close. Disclaimer: IANAL, but I do work for 
> a company that 
> makes websites accessible, and which sells a product that 
> competes with the 
> mentioned AccMonitor -- so, as with anything else, don't go 
> file a lawsuit 
> based on what I say. Section 508 is part of the Rehabilitation Act 
> Amendements of 1998 -- it requires anything that the Federal 
> Gov't buys to 
> be accessible. It also requires (through the Education Act) 
> anything that a 
> school purchases, if that school receives federal grant money 
> for certain 
> things, to be accessible. A number of states have voluntarily placed 
> themselves under the act, as well. Violation by the gov't (if 
> they buy 
> something they shouldn't) just costs them attorney's fees. 
> Violation by a 
> company (if they sell something they shouldn't) can amount to having 
> defrauded the gov't. This all went into effect for purchases 
> made after June 
> of this year. For more information on what it means, see 
> http://www.access-board.gov/
> 
> Accessibility includes (among other things) not disabling 
> anything built 
> into the operating system or other applications that would help 
> accessibility. For example, as I understand it, if disabling 
> "Read Aloud" 
> permissions prohibits programs like WindowsEyes from reading 
> a book aloud, 
> then an ebook that disables those permissions can't be bought 
> or required by 
> most US schools. Also, if something isn't accessible in and 
> of itself, it 
> isn't supposed to be bought by the affected organization.
> 
> >From: Richard Hartman <hartman@onetouch.com>
> >Reply-To: dvd-discuss@eon.law.harvard.edu
> >To: "'dvd-discuss@eon.law.harvard.edu'" 
> <dvd-discuss@eon.law.harvard.edu>
> >Subject: RE: [dvd-discuss] Skylarov indicted for trafficing 
> and conspiracy 
> >.
> >Date: Thu, 30 Aug 2001 10:20:42 -0700
> >
> >For those of us who don't speak US Code, is 508(b) part
> >of the "Americans With Disibilities Act"?
> >
> >If not, then that would be another possible violation.
> >
> >--
> >-Richard M. Hartman
> >hartman@onetouch.com
> >
> >186,000 mi./sec ... not just a good idea, it's the LAW!
> >
> >
> > > -----Original Message-----
> > > From: Ron Gustavson [mailto:rongusss@mediaone.net]
> > > Sent: Wednesday, August 29, 2001 5:57 PM
> > > To: dvd-discuss@eon.law.harvard.edu
> > > Subject: Re: [dvd-discuss] Skylarov indicted for trafficing and
> > > conspiracy.
> > >
> > >
> > > I was just reading an eWeek editorial...
> > > http://www.zdnet.com/eweek/stories/general/0,11011,2799090,00.html
> > >
> > > Might Adobe Acrobat Reader be considered illegal in terms of the
> > > aforementioned Section 508(b) when it disables text to speech?
> > >
> > >
> > > On Wed, 29 Aug 2001 13:18:00 -0400, Eric Eldred
> > > <eldred@eldritchpress.org> wrote:
> > >
> > > >News reports and the Elcomsoft website reported that Adobe
> > > >managed to get Elcomsoft's ISPs to take down their site
> > > >after Adobe allegations that Elcomsoft's software
> > > >illegally infringed Adobe software.  Elcomsoft strenuously
> > > >denied using any Adobe software in writing ABPR.  There
> > > >was no mention of the DMCA as the grounds for the
> > > >infringement claim.  There are no trade secrets involved,
> > > >either, since Adobe openly published PDF specifications,
> > > >including sample encryption methods employed verbatim
> > > >by at least one other company.
> > > >
> > > >Elcomsoft ought to be able to produce the letters from
> > > >Adobe to the ISPs.  Elcomsoft was not allowed a rebuttal
> > > >to the claims in the letters, but suffered great business
> > > >harm because of the false claims.
> > > >
> > > >The indictment does not actually claim that Elcomsoft
> > > >infringed Adobe's copyright.  Unstated is the fact that
> > > >ABPR requires a legally acquired copy of the ebook
> > > >in order to work, and works with legally acquired
> > > >copies of Adobe's software for Reader and Acrobat.
> > > >
> > > >All ABPR does is allow a Reader-encrypted ebook to be
> > > >read in Adobe Acrobat Reader PDF.  Such a step is
> > > >necessary if one wishes to enjoy fair use of the ebook,
> > > >for example by reading it on another PC.  It is a step
> > > >that the FBI would have to take, or a librarian to
> > > >take, as provided by the DMCA.
> > > >
> > > >The government is now going to have to prove that the
> > > >rights of ordinary copyright extend so far as to allow
> > > >a third party to put restrictions on fair use by the
> > > >first party of a work copyrighted by a second party.
> > > >We can see the harmful effects of the overbroad decision
> > > >by Kaplan.
> > > >
> > > >Software manufacturers ought to be very concerned about
> > > >the implications of this case.  It might very well
> > > >prevent them from offering filters from one proprietary
> > > >format to another, as for example Windows Media format
> > > >to Real Player format.  The "effective" language of
> > > >the act is really meaningless.  Here software is being
> > > >banned even if it has a legal use--simply because the
> > > >user might possibly use the copy illegally.
> > > >
> > > >Basically the act is unconstitutional because such restrictions
> > > >are not in the public interest, to promote progress of science
> > > >and the useful arts.
> > > >
> > > >The DMCA is a bad law for everybody and we need to
> > > >support the EFF to make sure the law is overturned.
> > >
> > >         __________NO-&infin;-DO__________
> > >
> 
> 
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