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Re: [dvd-discuss] DMCA Twist

I am completely baffled by this. First of all, applying a patch to software
that Apple owns would be simple copyright infringement, since the result would
be an unauthorized derivitive work. It *might* be fair use if an end user does
it for interoperability reasons, but for a dealer to do it is almost certainly
not fair use. 

Second, the DMCA prohibits circumvention of TPMs without the authority of the
copyright holder. I can't identify any TPM that protects Apple's works. Even if
there were one, the reverse engineering clause should allow bypassing a TPM to
identify software elements needed for interoperability, so it seems unlikely
that  any of the DMCA protections would apply.

So basically what we have is an Apple dealer doing something that is clearly
infringing and Apple sueing them under a different law that they are not
violating. Bizarre. Another possiblity is that CNet is confused.

--- Seth Johnson <seth.johnson@realmeasures.dyndns.org> wrote:

> CNET reports that Apple has reined in Other World Computers
> - an accredited Apple dealer and developer - from offering a
> patch to its new iDVD application:
> "...At issue in the legal threat is Apple's well-received
> iDVD application, which permits users to burn DVDs only on
> internal drives manufactured by Apple. In unmodified form,
> it does not permit writing to external drives manufactured
> by third parties.
> That means Macintosh owners with older computers or laptop
> computers, or people who opted not to buy the
> "Superdrive"-equipped Macs, could not use iDVD to save
> movies.
> In response, Other World Computing began bundling a product
> called DVD Enabler with its external Mercury Pro DVD-R/RW
> FireWire drive. DVD Enabler modified iDVD so the application
> would save completed DVDs to a FireWire-connected drive...."
> Apparently Apple threatened OWC - which immediately backed
> off - with a DMCA suit for circumventing copy control.
> Trouble is, it seems to me the content being copy controlled
> wouldn't be Apple's - it would be the system owners
> (assuming no piracy, for argument's sake).  So how would
> DMCA apply? I appreciate OWC didn't feel like taking issue -
> but am I right in the view it could have - or am I missing
> something?
> Full story at:
> http://news.com.com/2100-1023-955805.html
> Simon Minahan
> ............................................
> sminahan@eddress.com.au
> The way of a fool is right in his own eyes: but he that
> hearkeneth unto counsel is wise. Pr 12:15
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