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Re: [dvd-discuss] The 2nd Front
- To: dvd-discuss(at)lweb.law.harvard.edu
- Subject: Re: [dvd-discuss] The 2nd Front
- From: "John Zulauf" <johnzu(at)ia.nsc.com>
- Date: Mon, 17 Dec 2001 10:34:14 -0700
- References: <Pine.LNX.4.33.0112162328210.19186-100000@qwe3.math.cmu.edu>
- Reply-to: dvd-discuss(at)cyber.law.harvard.edu
- Sender: owner-dvd-discuss(at)cyber.law.harvard.edu
A law against armed robbery is valid. The claim is that "digital is
different" in the scope of the potential damages (wider distribution at
lower marginal cost). A man who says "give me your wallet or I'll kick
you until you do" is a materially different threat than a man who say
"give me your waller or I'll fire this .45 through your forehead." Thus
a VCR pirate has to have a duplication bank and a stack of blank tapes.
A digital pirate needs a decent internet connection to post the first
copy with each copy potentially (and geometrically) serving as a mirror.
The heart of this matter is that publishers are using the copyright
monopoly to support a publishers business model. Until we reform
copyright law to include either mandatory licensing or the requirement
that publishers cannot hold copyrights and that copyright holders must
licensing publication on non-discriminatory terms, there will be greater
monetary damage (to the propped up publication business model) with
internet/decentralized piracy than with traditional hard-media based
piracy.
(yes I did pile a lot of different issues into that last paragraph)
.002
Scott A Crosby wrote:
>
> On Sun, 16 Dec 2001, Jim Bauer wrote:
>
> > [No person shall circumvent a technological measure for the purpose
> > of copyright infringement that effectively controls access to a work
> > protected under this title. The prohibition contained in the
> > preceding sentence shall take effect at the end of the 2-year
> > period beginning on the date of the enactment of this chapter. ]
> >
>
> Huh... Copyright infringement is already illegal. What does this clause
> do?
>
> Thats like saying that 'threatening someone with a plastic knife for
> purposes of robbery is illegal', when the act of robbery itself is already
> illegal, and has been for decades.
>