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Re: [dvd-discuss] Re: The Grounds for Appeal

I'm not arguing with your conclusion but I'd bet money that the 
presumption of the law, or rather these judges, is that if it is 
software. It is installed and just ready to go at the click of the 

Date sent:      	Sun, 2 Dec 2001 02:18:06 -0800 (PST)
From:           	Bryan Taylor <bryan_w_taylor@yahoo.com>
Subject:        	Re: [dvd-discuss] Re: The Grounds for Appeal
To:             	dvd-discuss@eon.law.harvard.edu
Send reply to:  	dvd-discuss@eon.law.harvard.edu

> --- Claus Fischer <claus.fischer@clausfischer.com> wrote:
> > Also we should not concede that the code is functional because
> > it is not. I have never seen code that was functional.
> > The only thing that is functional is code being executed on a
> > computer. The combination of a computer and code can be functional.
> > This would be a device. The computer, without a doubt, is a device
> > in its own right. The computer with the code being executed on it is
> > perhaps a circumvention device. But code without a computer is not a
> > device, and is not functional. Never, ever. Not unless we give yield
> > to paranormal phenomena of `intelligence condensating into matter'
> > or other stuff for SF movies. All very nice, and it may even have
> > had some validity during the first second of the universe. But never
> > since.
> I couldn't agree with you more on this. I think the key point for the
> next phase is to hammer the distinctions between these three concepts:
> 1. pure speech expressing functional ideas
> 2. "functionality" = a device capable of allowing a human to perform a
> task 3. conduct = the actual act of exercising a device
> As you said, functionality exists when a physical machine (a computer)
> can enable a human to do a task. This occurs when the software to
> control that computer is "installed". This is a clearly defined act,
> generally performed by the computer owner. Software that is not
> installed on appropriate hardware is inert.
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