RE: [DMCA_Discuss] RE: [dvd-discuss] DMCA Twist

[Richard Hartman <hartman(at)onetouch.com>]

The DMCA don't say nuthin' 'bout no "copy prevention
features".  It talks about technical protection measures
that effectively controls access to a work.

Detection of the presence/absence of the legitimate Apple 
DVD before allowing access to the program is exactly that.


-- 
-Richard M. Hartman
hartman@onetouch.com

186,000 mi/sec: not just a good idea, it's the LAW!



> -----Original Message-----
> From: Jean-Michel Smith [mailto:jsmith@kcco.com]
> Sent: Friday, August 30, 2002 6:10 AM
> To: Richard Hartman; 'dvd-discuss@eon.law.harvard.edu';
> C-FIT_Community@realmeasures.dyndns.org;
> C-FIT_Release_Community@realmeasures.dyndns.org;
> fairuse-discuss@mrbrklyn.com; DMCA_Discuss@lists.microshaft.org
> Subject: Re: [DMCA_Discuss] RE: [dvd-discuss] DMCA Twist
> 
> 
> On Thursday 29 August 2002 10:51 am, Richard Hartman wrote:
> > Seems to me the access control in question would
> > be the one built in to the software that prevents
> > it from using any DVD other than Apple's.  The
> > "enabler" software bypassed this control.
> 
> And, since it uses one dvd-rw and not another, claiming it is a copy 
> prevention feature that is being bypassed is demonstrably 
> false.  I suspect 
> Apple would lose this one, if they tried to bring it up under 
> the DMCA.
> 
> They EULA probably wouldn't stand up either.
> 
> Now, given that they are a reseller of the product and have 
> likely signed a 
> contract or agreement of some kind with apple might cause them some 
> difficulty ...
> 
> Jean
>