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

[Jeremy Erwin <jerwin(at)ponymail.com>]

On Thursday, January 9, 2003, at 01:29  PM, John Zulauf wrote:

> Sham Gardner wrote:
>
>>
>> In the case of TurboTax, you are not using the data they sent you to 
>> obtain
>> services they would otherwise charge for. You are using information 
>> they
>> have already sent you, *without* extracting any additional goods or 
>> services
>> from them.
>
> You are making good and valuable use of the software, a right not
> granted without the authorization of the copyright holder.  They 
> haven't
> sent you (without circumvention) sufficient information to use
> TurboTax.  You are extracting the a right to use without payment to the
> rights holder.  Circumvention changes the disk from a coaster to a
> useful valuable product, and a replacement good for any full version of
> the software.  This is right to license is the "good or service" of the
> software company, and circumventing (prior to first sale) infringes 
> this
> right.
>
> Can we agree that the TurboTax keyware disk mailed to Richard is not 
> the
> complete product as-is?  One must add authorization "sauce" (true or
> forged) to make it so. The unsolicited good is only the installer disk
> "as-is" (and not a functioning copy of TurboTax).   The clearly one
> would be defrauding the company of remuneration for  the "right to use"
> a full copy. (RTU's are real products in this industry BTW.)
>
Let's bring out the GNU argument-- the GPL is based on the (well 
accepted) right to control the creation of derivative works-- as long 
as the original work remains under copyright, no person may, except for 
parody, commentary, or educational purposes (fair use), create 
derivative works without the permission of the copyright holder.

Now, in the case of TurboTax, the application of an authorization 
string creates a new derivative work-- as the combined work is very 
similar to the original work (TurboTax without key)...

I suppose that if one does not wish to disentangle the FSF, CCA, and 
TurboTax, one can always fall back on the old standby-- copying to the 
hard drive is an infringement on their rights, and that the key is 
merely a digital signature acknowledging the exchange of money for the 
right to use.

Jeremy