Re: [dvd-discuss] Re: TurboTax for free?

["John Zulauf" <johnzu(at)ia.nsc.com>]

Richard Hartman wrote:
> 
> John Zulauf wrote: 
> > (3) The TPM protecting TurboTax on the disk is clearly pre-first-sale,
> 
> I disagree on "clearly".  Yes, there was no sale, but
> there _was_ a transfer of property as a gift.  That is
> the crux of the issue.

There is transfer of property on the full functioning "install disk". 
TurboTax won't function without (a) key not currently in your possession
or (b) modifying the contents (creation of a derivative work) to remove
requirement (a).  As the key is only transferred upon a sales event,
action (b), the modification of the disk to remove requirement (a), is a
pre-first-sale circumvention. 

Q.E.D.


> As far as I can see the only protection it has is
> the DMCA, exactly the same as the DVD.

True enough, though I still cannot believe that the DMCA really applies
CSS.  (a) with the widespread availability of "authoring" DVD-R drives
and media (media cost is down to < $3.00) the next case should take
factual issue that CSS (according to the MPAA's filings in Corley)

<em>a technological measure that provides security against making
infringing copies </em>

Clearly, since one can simply go buy an authoring drive (or 10) where
the key sectors can be burned and authoring media (without preburned key
sectors), CSS does nothing to prevent copies.  The studios have burned
their bridges on region coding and "access control" with the body of
testimony, all the next case would have to show is that it isn't even
copy control.

Any Studio321 workers lurking?

.002

P.S. I reread the MPAA quote.  How can a "technical measure" protect
against "infringing copies".  Since whether a copy is infringing or not
is a matter for a four part legal test (and with the unavailability of
AI based courtrooms (courtROMS?), all a "technical measure" can do is
prevent all copies, and since preventing all copies (post first sale) is
not "a right of a copyright holder" thus the "technical measure" cannot
qualify for 1201 protection.

P.P.S.  The is the logical opposite the TurboTax, where the key system
is access control (the key denotes your PC users as "authorized persons"
and the passing of the key is a sales event.  The key testing software
*can* discriminate (by validating the key) valid and invalid access
(without need of a courtroom).

P.P.P.S. If you get your key and quickly do your taxes, do you have a
first sale right to transfer that key to another person, if not, why
not?