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

And so we are left with the legal situation where with cuecat, 
adobe, or AOL CDs, that you have an unconditional gift but if they 
put a TPM  on it makes it a conditional one. The condition is that if 
you don't do what we want you can go to jail under the DMCA.

Date sent:      	Mon, 28 Jan 2002 19:40:32 -0700 (MST)
From:           	John Galt <galt@inconnu.isu.edu>
To:             	<dvd-discuss@eon.law.harvard.edu>
Subject:        	Re: [dvd-discuss] New Video on demand DVD (ie. pay per view)
Send reply to:  	dvd-discuss@eon.law.harvard.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!