Re: [dvd-discuss] Movie Downloads, automatically illegal?

[Lars Gaarden <larsg(at)eurorights.org>]

Tim Neu wrote:
> On Sat, 3 Aug 2002, Tom wrote:
> 
> 
>>On Fri, Aug 02, 2002 at 04:27:02PM -0500, Tim Neu wrote:
>>
>>>How can you buy a movie and NOT the right to use it?
>>
>>Here's how:
>>
>>Some idiot/lawyer decided some time ago that this (buy an X, but not
>>the right to use it) applies to software. That's why you have EULAs and
>>other license bullshit.

The idiot was a judge.

http://www.coudert.com/practice/mai.htm

"In MAI Systems Corporation v. Peak Computer, Inc., 93 C.D.O.S. 2596
(April 7, 1993), the Ninth Circuit held that the act of turning on a
computer causes a temporary copy of the operating system to be made in
the computer's random access memory (RAM). Thus, according to the
court's rationale, entities like Peak, an ISO maintaining MAI hardware,
infringe the copyright of the operating system by the mere act of
turning on the computer in order to maintain it."

This created the precedent that creating temporary copies in RAM might
be copyright infringement, and provided the necessary 'hook' to create
license agreements.

>>We on this list ourselves have argued that DVD contents are software.
>>
>>So, you need a license to watch them. Of course, just like an EULA,
>>that license can restrict pretty much whatever it wants...
> 
> Not according to softman v. adobe!

I'm not sure that Softman says that.
http://www.linuxjournal.com/modules.php?op=modload&name=NS-articles/briefs&file=softman-v-adobe


 From my understanding, Softman says that a software distributor is
not bound by an EULA. Since Softman didn't open the packages and
install the software, the EULA does not apply to them. So for the
distributor, this is just a normal sale. First Sale allows Softman to
unbundle bundles even though the EULA says otherwise.

"The Court finds that SoftMan has not assented to the EULA and
therefore cannot be bound by its terms."


Softman does not touch the validity of EULAs.

"The Court finds it unnecessary to reach the question of the general
validity of shrinkwrap licenses at this stage because the Court has
determined that SoftMan is not bound by the EULA"