RE: [dvd-discuss] Postage Meters and the "Right to Tinker"

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

The postage meter _produces_ something,
TurboTax just manipulates things that
are there.

Sham said it better than I am, so I'll
let him carry this argument for now...


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

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



> -----Original Message-----
> From: John Zulauf [mailto:johnzu@ia.nsc.com]
> Sent: Thursday, January 09, 2003 9:25 AM
> To: dvd-discuss@eon.law.harvard.edu
> Subject: Re: [dvd-discuss] Postage Meters and the "Right to Tinker"
> 
> 
> How does "charging" the postal meter differ from "authorizing" the
> installer to install TurboTax.  Aside from an authorization the postal
> meter is also "all there".  The ink is installed, the print programs
> installed, the print head functional, etc.
> 
> In either case you are avoid payment to obtain a token of
> authorization.  In one case, the authority to print postage, in the
> other the authority to copy a functioning TurboTax.
> 
> Richard Hartman wrote:
> > 
> > Aside from my previous comment there is another
> > difference.  The TurboTax situation is (arguably)
> > accessing material sent as a gift -- but the
> > material is all there.
> > 
> > You can access an _uncharged_ postage meter all
> > you want, but you won't get any postage out of
> > it.  Rigging it to fake a charge is theft (of
> > the price of postage from the U.S. Postal Service),
> > not mere access.
> > 
> > --
> > -Richard M. Hartman
> > hartman@onetouch.com
> > 
> > 186,000 mi/sec: not just a good idea, it's the LAW!
> > 
> > > -----Original Message-----
> > > From: John Zulauf [mailto:johnzu@ia.nsc.com]
> > > Sent: Thursday, January 09, 2003 8:41 AM
> > > To: DVD Discuss
> > > Subject: [dvd-discuss] Postage Meters and the "Right to Tinker"
> > >
> > >
> > > Throughout the "TurboTax for free" discussion I've 
> contended that the
> > > "right to tinker" ends at the impact on others.  Clearly 
> none of us
> > > would claim a "right to tinker" which involved breaking 
> into a nuclear
> > > reactor site and rewrite the control rod program to perform a
> > > multiband
> > > frequency display for our collection of MP3's.
> > >
> > > The question is if someone sends you an unsolicited 
> object, what right
> > > do you have to tinker with it?  What limits are on that 
> right, both
> > > ethically and legally?
> > >
> > > <narrator voice="Rod Serling">
> > > Submitted for your approval... the humble postage meter.
> > >
> > >  http://makeashorterlink.com/?P48932CF
> > >
> > > This simple looking device has the ability to store and dispense
> > > valuable metered mail stamps, and can be recharge.  
> Delivered on the
> > > doorstop of our unwitting tinker without his request, is the
> > > possibility
> > > of endless, free postal service.  All he need do is tinker.
> > > Extracting
> > > his tinkers toolset from his pocket, he plug the device into his
> > > telephone jack and inspected the coded mysteries exchanged with
> > > "PostageByPhone" -- he finds the key and a moral quagmire
> > > appears before
> > > his eyes.
> > >
> > > Only in "The Tinker Zone"
> > > </narrator cue="Tinker Zone Theme", fade=black>
> > >
> > > I'm looking for any argument that receiving an unsolicited
> > > postage meter
> > > in the mail is materially different from that copy of 
> TurboTax.  Both
> > > require a commercial transaction (or a hack) to derive 
> value from the
> > > delivered good (other than as a doorstop or coaster
> > > respectively).  The
> > > rights to control both the printing of metered mail 
> stamps or working
> > > copies of TurboTax are both only defended by legal 
> constructs -- both
> > > rooted in the constitution (Copyright Clause and the Post Office
> > > clause?).  Both ignore the long held mantra, "there is no security
> > > without physical security."
> > >
> > > Can anyone argue that a "right to tinker" or a 1A right 
> exists to hack
> > > the postage meter for free stamps?  Can anyone argue that 
> one has an
> > > ethical right to crack the postage meter for free postage 
> because the
> > > meter was mailed to them?
> > >
> > > The humble postage meter -- compare and contrast with "keyware".
> > >
> > > .002
> > >
> > >
> 
>