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RE: [dvd-discuss] Some opinions on the appellate court's decision (longish)
- To: "'dvd-discuss(at)cyber.law.harvard.edu'" <dvd-discuss(at)cyber.law.harvard.edu>
- Subject: RE: [dvd-discuss] Some opinions on the appellate court's decision (longish)
- From: Richard Hartman <hartman(at)onetouch.com>
- Date: Thu, 29 Nov 2001 15:02:33 -0800
- Reply-To: dvd-discuss(at)cyber.law.harvard.edu
- Sender: owner-dvd-discuss(at)cyber.law.harvard.edu
> -----Original Message-----
> From: Claus Fischer [mailto:claus.fischer@clausfischer.com]
> Sent: Thursday, November 29, 2001 9:41 AM
...
> It might be dangerous for us to insist on the fair use argument too
> much; what if the supreme court has also made that move and thinks
> that the movie is rightfully the property of its creator and the DVD
> is just a medium of transporting its contents in a controlled way to
> the customer?
>
>
That would actually tend to support fair use arguments, since
then it is the _contents_ of the medium which enjoys protection,
not the medium itself. i.e. there would be no difference in
considering "Legally Blond" on VHS vs. the same movie on DVD
whereas currently there is a great distinction, created & enforced
by the DMCA.
--
-Richard M. Hartman
hartman@onetouch.com
186,000 mi./sec ... not just a good idea, it's the LAW!