Re: [dvd-discuss] Re: Correction: ReplayTV: Some Citizens Consumers, Some Not

[microlenz(at)earthlink.net]

On 12 Jun 2002 at 1:51, Derek Fawcus wrote:

Date sent:      	Wed, 12 Jun 2002 01:51:58 +0100
From:           	Derek Fawcus <dfawcus@cisco.com>
To:             	dvd-discuss@eon.law.harvard.edu
Subject:        	[dvd-discuss] Re: Correction: ReplayTV: Some Citizens 
Consumers, Some Not
Send reply to:  	dvd-discuss@eon.law.harvard.edu

> On 10 Jun 2002, microlenz@earthlink.net wrote:
> > cartoons produced by the US government would never have been copyrighted
> 
> I miswrote.  I understand that they were made by Warner Brothers for the
> US Armed Forces.  As such I understood that they were copyrighted for a
> while.

Doubtful. Until recently ALL work done under government contract was the 
property of the government. THis included patents, copyright, and works for 
hire. SOme of this changed with the bill Bob Dole got passed to protect our 
industries from the <sarcasm> hoards of foreigners...

> 
> > But Derek, you can always take them off the DVD put them on your
> > website and hope that the MPAA files another lawsuit in absentia!
> 
> Well I was seriously considering extracting the films,  tidying them
> up (maybe apply colour),  and converting them to slower frame rate
> mpegs - I seem to recall cartoons were generally done at 15 fps?
> 

Adding colour? That could add some copyright protection! Or you can just claim 
they are in the PD...frame rates are 24fps for film. I don't know what MPGs 
use.

> However,  while I'm fairly confident that these are copyright expired
> (I've seen a lot of web reference to that effect),  theoretically to
> be sure I guess I'd need to look in the US LoC,  and see if they were
> ever registered for copyright?
> 
> I suspect that if they are definitly now copyright expired,  no-one
> would be so stupid as to persue me for copyright violation.  If they
> did,  then given international treaties,  it'd be persued over this
> side of the pond.

And what might be amusing it to keep it on that side of the pond by putting a 
click through license saying "I promise that I will never ever distribute this 
in the US of A because I understand that somebody might not like this..."

> 
> On 11 Jun 2002, Michael A Rolenz wrote:
> >  But it is protected under the title because it has CSS and CSS is used to 
> > protect other things and so if it is not protected under this title, then
> > allowing CSS to be circumvented in this instance allows the other people to
> > circumvent CSS for works that are protected.
> 
> That is rather the area I would expect pursuit under.  Say I published
> some C source that could play this DVD (however poorly) on a US web site,
> specifically so that people could view this DVD under Linux.
> 

Intersting idea, is it possible to create a webbased make file  to download 
compilers (or put a webbased compiler - give me your source code and I'll give 
you executable in return), libraries, to just make the whold thing?

> I could make it specific to this DVD by including a copy of the disc
> key sector,  and doing the general authentication,  but only allowing
> it to proceed if the expected disc key was found.  I would also only
> allow the actual cartoon titles/tracks to be played,  specifically so
> that I wouldn't be allowing access to any other content on the disc
> which may still be covered by copyright.
> 
> I could claim that this is not a violation as the work is not under
> copyright protection,  despite the fact that the this is allowed,
> I'd expect to have someone pursue me (under DMCA) as a side effect
> would be the publication of the generic method of access.
> 
> Mind,  not that I intend to do this in the US.  But someone based there
> is welcome to do so.  

How about distributing it peer to peer. Exposing all the evils JackBoots talks 
about to protect something that's not even copyrighted.

>All of the information is available,  and you
> can see where you get in court.  I expect it'd have to go quite high
> up the court chain :-)
> 

Best done en mass
> DF