Re: [dvd-discuss] New Video on demand DVD (ie. pay per view)

[John Galt <galt(at)inconnu.isu.edu>]

I think I've been over this: in two states (out of two tried--my own and 
CA), I relatively quickly found a statute that says that unsolicited mail 
is an unconditional gift.  I doubt that a Court can interpret that in but 
one way: the license is a condition, therefore invalid.

On Mon, 28 Jan 2002, John Zulauf wrote:

>What is the case law on unsolicited mail?  Can someone send me a safe in
>the mail and require that I pay them for the combination rather than
>pulling out my hacksaw?
>
>Anyway, "history is replete with the bleached bones" of this
>distribution model.  Adobe's current corporate obsession with fighting
>encryption hackers dates back to their own fail "font's on demand" model
>-- in which Adobe freely sent out disks with the majority of their fonts
>on them, and THEN (shock of shocks) it was cracked.  Between that and
>the piles of free (but crappy "good enough") fonts that came with the
>next version of Windows (3.1?) the profitability of Postscript fonts
>disappeared.  Adobe has never forgiven the hackers.
>
>The "I'll send you free, but locked, stuff model is doomed as it only
>ever takes one cracker or hacker -- and the copyrighted good are back to
>their native state -- protected from casual copying ONLY by the goodwill
>of the customer.  Given the perceived overpricing of most software and
>media today-- that is truly defenseless.
>
>If these IP guys want to defend their "property" they better learn some
>zen and know that the only defense is not to defend.  "Get your own d*mn
>paper" is as good as it gets -- get over it.
>
>.002
>
>microlenz@earthlink.net wrote:
>> 
>> Also sounds like a repeat of cuecat. Read this
>> 
>> "Also in the works is ViMagazine, a monthly DVD ....will have both
>> video-on-demand features and security functions that will allow consumers
>> who watch the disc on a ViDVD.
>> 
>> Movies on the disc will be locked until viewers opt to rent the movie for
>> three days or $3.49 or buy it outright for $14.99. Consumers will be
>> charged for the film when they use the player's Internet connectivity to log
>> back on the Vialta's server."
>> 
>> Sounds as if the disk comes in the mail whether you want it or not.
>> Of course they can argue that by buying the service you are
>> submitting to a license. So If I throw the disk away or lose it, or
>> even if it gets received at the wrong address, whomever gets it
>> afterwards isn't bound by the license.
>> 
>> Of course what makes all this work is "ViMedia, Vialta's
>> patent pending technology, a single
>> ViMagazine disc can contain up to 14 hours of video,
>>  music and more."
>> 
>> Chances are it's nothing but compressed files on an encrypted
>> DVD with them sending you the key over the internet...WOW that's
>> truly novel.
>> 
>> From:                   Ronald Austin <ronald@caprock-spur.com>
>> To:                     dvd-discuss@eon.law.harvard.edu
>> Subject:                [dvd-discuss] New Video on demand DVD (ie. pay per view)
>> Date sent:              Sat, 26 Jan 2002 13:12:52 -0500
>> Send reply to:          dvd-discuss@eon.law.harvard.edu
>> 
>> > You need to check out http://www.vialta.com/News/Article_&_Reviews.htm and
>> > read the plans to serve VOD on DVD. It sounds like a variation on DiviX
>> > (circuit city one). I wonder how far this one will fly?
>> >
>> >
>> > Ronald
>

-- 
 Customer:  "I'm running Windows '98"      Tech: "Yes."      Customer:
   "My computer isn't working now."     Tech: "Yes, you said that."

Who is John Galt?  galt@inconnu.isu.edu, that's who!