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

["Peter D. Junger" <junger(at)samsara.law.cwru.edu>]

"John Zulauf" writes:

: PoLR == "path of least resistance"
: 
: I think PoLR is very much the case.  Lazy infringers are caught because
: they don't remove the fingerprint, crafty infringers are caught
: eventually because "a city" or popular P2P net "set on a hill cannot be
: hidden" They are caught sooner if even one contributor forgets to remove
: the fingerprint and bring attention to the site/net.  The crafty, high
: volume infringer is then in deep kimchee with the clear evidence of
: intent.  The small, lazy, low volume infringer is shutdown with a quick
: C&D to the ISP.  The lazy, high volume infringer goes down hard and fast
: (and earns a "Darwin Award" honorable mention).
: 
: Remember, the whole point of a <em>reasonable scheme</em> is not to bust
: the purchaser of a work that is infringed, but stop those who traffic in
: the infringing copies themselves.  The casual infringer get a C&D. Those
: who traffic grossly, get 33 months of Federally funded room and board
: with the DrinkOrDie 133T kR3W.
: 
: Individually tagging files to users would utterly destroy the PoLR that
: gets brings a quick "cessation of hostilities" for the lazy infringer. 
: If I know my privacy is at stake the PoLR is invalid, then I strip every
: work I own. Imagine if you will if they encoded your SSN or Amex # in
: the fingerprint.  Removal would be a cron job ("Scheduled Task" for the
: *ix impaired.) on every host I own.   The PoLR to bust the casual
: infringer is to make the fingerprint as useful (see previous Note 1) as
: possible, and as inoffensive as possible.
: 
: Finally the PoLR for commercial vendors (musicmatch, MS, etc) is going
: to be "don't rock the boat" and therefore don't strip the fingerprint. 
: The more applications make use of the fingerprint (for metadata hashing,
: etc) 

But isn't converting to another format, which in many cases will be
protected as fair use, going to strip out the fingerprint?  Especially
if the new format is a compressed one?

--
Peter D. Junger--Case Western Reserve University Law School--Cleveland, OH
 EMAIL: junger@samsara.law.cwru.edu    URL:  http://samsara.law.cwru.edu   
        NOTE: junger@pdj2-ra.f-remote.cwru.edu no longer exists