RE: [dvd-discuss] Court Sides With Geac in Mainframe Software Case

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

I'll try to recall who I heard about this practice from
and ask them for sources.


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

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



> -----Original Message-----
> From: Michael A Rolenz [mailto:Michael.A.Rolenz@aero.org]
> Sent: Tuesday, October 15, 2002 3:26 PM
> To: dvd-discuss@eon.law.harvard.edu
> Cc: 'dvd-discuss@eon.law.harvard.edu';
> owner-dvd-discuss@eon.law.harvard.edu
> Subject: RE: [dvd-discuss] Court Sides With Geac in Mainframe Software
> Case
> 
> 
> Richard Hartman <hartman@onetouch.com> wrote:
> 
> "I don't think this comes under the DMCA, since diagnostic
> information is not copyrightable,"
> 
> Is it?
> 
> The presupposes that the diagnostic information is just facts and not 
> copyrightable. Suppose that as part of the interface to the 
> diagnostic 
> module, the program that the microprocessor (microcontroller) has in 
> memory is output for comparison of version number and to see 
> that it has 
> not been corrupted and to verify that the diagnostic information was 
> correctly gathered and assessed. Suppose that they put an 
> access control 
> on it? The program is copyrightable.  So now you have someone 
> trying to 
> access the diagnostic codes is circumventing access controls 
> that protect 
> copyright material.
> DMCA POLICE descend upon you and you are toast..
> 
> Do you have a reference to the carmakers doing this? The LOC 
> is asking for 
> exemptions for DMCA and this seems to qualify. IF the case 
> can be made 
> that it IS being done and that it is a trivial matter to do what I 
> proposed above, then an exemption must be made.  I started a 
> TWIKI thread 
> at Openlaw on DMCA exemptions, I'll add this one to it.
> 
> 
> 
> 
> 
> Richard Hartman <hartman@onetouch.com>
> Sent by: owner-dvd-discuss@eon.law.harvard.edu
> 10/15/2002 03:13 PM
> Please respond to dvd-discuss
> 
>  
>         To:     "'dvd-discuss@eon.law.harvard.edu'" 
> <dvd-discuss@eon.law.harvard.edu>
>         cc: 
>         Subject:        RE: [dvd-discuss] Court Sides With 
> Geac in Mainframe Software Case
> 
> 
> 
> [excerpt]
> "It's a little scary to suggest that somebody with a copyright has the
> prerogative to refuse any third party from servicing its 
> software," said
> Blecher, a partner at Blecher & Collins LLC in Los Angeles. 
> "It gives such
> people a monopoly on their service business."
> [/excerpt]
> 
> Note that this is an issue also in the case of automobile
> diagnostic systems.  As engines get more advanced, the
> auto manufacturers have integrated diagnostic chips into
> them.  Now the meaning of some of the diagnostic codes 
> are being witheld from non-dealer service centers.  I 
> don't think this comes under the DMCA, since diagnostic
> information is not copyrightable, but there is certainly
> a parallel as far as the "maintaining a monopoly in their
> service business" aspect. 
> 
> Any of this counterable w/ RICO?
> 
> 
> -- 
> -Richard M. Hartman
> hartman@onetouch.com
> 
> 186,000 mi/sec: not just a good idea, it's the LAW!
> 
> 
> 
> > -----Original Message-----
> > From: D. C. Sessions [mailto:dcs@lumbercartel.com]
> > Sent: Monday, October 14, 2002 7:34 PM
> > To: DVD-Discuss
> > Subject: Re: [dvd-discuss] Court Sides With Geac in 
> Mainframe Software
> > Case
> > 
> > 
> > On Mon, 2002-10-14 at 13:34, Dean Sanchez wrote:
> > > Did anyone notice the outcome of this case?  The Appeals 
> > court is basically stating that modifying code for 
> > interoperability is copyright infringement.  We don't want to 
> > have any of the "promoting progress" nonsense getting in the 
> > way of corporate profits, do we?  Everyone should know by now 
> > that reverse engineering is bad, bad, bad!
> > > 
> > > 
> > > 
> > http://computerworld.com/governmenttopics/government/legalissu
> > es/story/0,10801,74888,00.html
> > 
> > No comments on whether Grace intends to appeal to the USSC.
> > Given the nature of the case, it looks like a natural.  The
> > issues are less muddy than with some of the others we discuss
> > here.
> > 
> > -- 
> > | The race is not always to the swift, nor the battle to 
> the strong. |
> > | Because the slow, feeble old codgers like me cheat.       
>          |
> > +--------------- D. C. Sessions <dcs@lumbercartel.com> 
> --------------+
> > 
> 
> 
>