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

[microlenz(at)earthlink.net]

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!
>