Re: [dvd-discuss] A TPM without use limitations -- thoughts?

["Michael A Rolenz" <Michael.A.Rolenz(at)aero.org>]

ANother point is that the copy that is being stripped, ripped and dipped 
is PERSONAL property. One can do ANYTHING one wants with personal property 
whether they want to strip, rip,or dip it for fun in the privacy of ones 
home or even in public for any reason on can think of - curiousity, a 
challenge or even to infringe.  So there is no reasonable cause for search 
or seizure to begin with and the "presumption of innocence" still applies. 
The presumption that one is doing so to infringe is as invalid as the 
presumption the RIAA, MPAA has that everybody who has a CDburner is a CD 
pirate.

Should one be caught doing massive infringement, then the fact that one 
has systematically removed finger prints to prevent tracking may be used 
to preclude a defense of "I didn't know what I was doing is wrong." or " I 
just wasn't thinking" or "I didn't realize that my giant jukebox of CDs 
was accessible on the internet" but as David has pointed out if you can't 
figure out who, then they aren't going to accomplish anything. And HOW do 
you keep track of who has what fingerprint? Or did?




daw@mozart.cs.berkeley.edu (David Wagner)
Sent by: owner-dvd-discuss@eon.law.harvard.edu
10/30/2002 07:49 PM
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        Subject:        Re: [dvd-discuss] A TPM without use limitations -- thoughts?


John Zulauf wrote:
>(I) (Infringers take note!) If fingerprinting doesn't interfere with
>normal, fair uses (back-up, personal copies, space-shifting, etc) then
>anybody stripping the fingerprint is doing so *only* to attempt to
>infringe and trade the work publicly -- and have clearly shown intent to
>infringe. This works toward building "reasonable cause" for search and
>seizure, and for overcoming "presumption of innocence" in the eventual
>prosecutions.

That's useless if you can't figure out who did the ripping & stripping:
if you don't know who they are, you can't sue or prosecute them.
If fingerprints are easily strippable, then I don't see how they are
going to be a competitive alternative to DRM.