Re: [dvd-discuss] What is a "Technological Measure"?

[microlenz(at)earthlink.net]

On 12 Jun 2002 at 16:52, Roy Murphy wrote:

From:           	"Roy Murphy" <murphy@panix.com>
To:             	dvd-discuss@eon.law.harvard.edu
Date sent:      	Wed, 12 Jun 2002 16:52:07 -0500
Subject:        	[dvd-discuss] What is a "Technological Measure"?
Send reply to:  	dvd-discuss@eon.law.harvard.edu

> 
> Quoting the DCMA:
> 1201(a)(3) As used in this subsection - 
> (A) to ''circumvent a technological measure'' means to descramble a 
>     scrambled work, to decrypt an encrypted work, or otherwise to 
>     avoid, bypass, remove, deactivate, or impair a technological 
>     measure, without the authority of the copyright owner; and 

The obvious Defense: I BOUGHT THE DA*MNED DVD therefore I have the authority of 
the copyright owner at sale to access it. THerefore ANY circumventing I do is 
LEGAL.


> (B) a technological measure ''effectively controls access to a work'' 
>     if the measure, in the ordinary course of its operation, requires 
>     the application of information, or a process or a treatment, with 
>     the authority of the copyright owner, to gain access to the work. 
> 

Look at the subtle shift of the law here. THe authority of the copyright owner 
to gain access to the work passed at first sale right? Not now...it must be 
demonstrated at every access even if you did it a thousand times before. No 
flames about how stupid I've been to never really appreciate the subtleness of 
that clause. While the courts quibble over nuances, what they don't realize is 
that the FOUNDATION just shifted under them

> Is an ordinary vinyl LP a "technological measure" under the DMCA?  It 
> requires a process or treatment to gain access to the work (use of 
> a device called a "phonograph") in which the original sound recording is
> encrypted in the shape of a spiral groove in the vinyl.  The measure is applied
> with the authority of the copyright owner becuase she has apparently consented
> to having it published in this format which requires the application of a
> process to gain access.
> 
> Is a stereo system with a turntable and an integrated cassette recorder a
> "circumvention device"?  Are manufacturers of such (say Sony) liable for
> criminal prosecution under the DCMA?
> 
> Applying this analysis to ordinary CDs is left as an exercise for the student.
> 
> 
> -- 
> Roy Murphy      \ CSpice -- A mailing list for Clergy Spouses
> murphy@panix.com \  http://www.panix.com/~murphy/CSpice.html