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Re: [dvd-discuss] close to the proverbial bone

I forgot to put the little ;-) after my comment on their NoAudio copy 
protection scheme....

But aside from that, your comment is well taken. The real question is the 
permissions and the intent of the parties. Where I keep having problems 
with the DMCA is that it in the situation you describe, if it is 
industrial espionage, why do I need the DMCA to add an additional charge. 
They came prepared with what they needed to get access - that's intent. 
Why add another charge to that? <as bad as Feinstein's rider making it 
illegal to discuss bomb making activity over the INTERNET. >

"John Zulauf" <johnzu@ia.nsc.com>
Sent by: owner-dvd-discuss@eon.law.harvard.edu
11/06/01 11:54 AM
Please respond to dvd-discuss

        To:     dvd-discuss@eon.law.harvard.edu
        Subject:        Re: [dvd-discuss] close to the proverbial bone

Michael A Rolenz wrote:
> Check out: http://www.bbspot.com/News/2001/08/encrypt.html
> What I want to know if I can be prosecuted for circumvention or trade
> secrets if I make my own disks..

Remember bbspot is a parody site...

but the evil of the DMCA is that the circumvention tools are illegal
whether or not there is any evidence of copyright infringment.  Which of
course leads to the following question?

Are boot floppies illegal?  How about passwd crackers?

(a) the Unix file system provides access control over user files
(b) under the Berne convention all files are instantly copyrighted works
(c) boot floppies circumvent the access control of the files by booting
    directly to root without requiring any password (which would be the
    "information" provided in the "normal course of operation"

Since there is no requirement that the "circumvention" constitute
infringing access or use, it doesn't matter what you use the floppy
for... your PC or if you where to sneak-in (Mission Impossible style) to
a computer room.... right?


Post a Linux floppy -- go to jail!