Yes and you don't get to option to pick and choose what you do. If distributed encrypted then it is not copyrighted and so there is no question regarding infringement.
Copyright is a bargain with society. You publish and disseminate and society gives you a monopoly and broad protections. You want more protection to the point that your protections interfere with publication, distribution and dissemination, then you don't get copyright protection. You can't have it BOTH ways where you interfere with the purpose of copyright and then afterwards claim that you have a copyright when you weren't as clever as you thought you were.
Kurt Hockenbury <firstname.lastname@example.org> Sent by: email@example.com
06/17/2003 06:13 AM
Please respond to dvd-discuss
Subject: Re: [dvd-discuss] Comments from the Judge in the 321 studios case
On Mon, 16 Jun 2003 firstname.lastname@example.org wrote:
> And as I've argued before, works that are distributed with encryption should
> not be copyrighted
Ok, so we offer two editions: the encrypted edition, for $9.99, and the
uncrypted edition, for $999. If you copy the (uncopyrightable) encrypted
edition, you infringe the encrypted edition.
Or are you saying publishing a work with encryption removes an item from