Re: [dvd-discuss] EFF: Court Endorses Ban on DVD Copy Technology[321 Studios]

[Ole Craig <olc(at)cs.umass.edu>]

On 02/23/04 at 18:22, 'twas brillig and microlenz@earthlink.net scrobe:
[...]
> > http://www.eff.org/IP/DMCA/MGM_v_321Studios/20040219_Order.pdf
> > 
> > Read it and weep, folks. In the Order, every single geek argument is
> > slammed, and slammed *hard*. In particular:
> > 
> > "This Court finds, as did both the Corley and Elcom courts, that legal
> > downstream use of the copyrighted material by customers is not a defense
> > to the software manufacturer's violation of the provisions of - 1201 (b)(1)."
> > 
> > Fair Use is no defense to the DMCA tools provision, sayeth the Court.]



	The opinion cites Corley (272 F.3d at 444) and says "This
Court agrees with the Corley court that the purchase of a DVD does not
give to the purchaser the authority of the copyright holder to decrypt
CSS."

	Does the court still not realize that decryption is necessary
in order to view?

A. I have purchased a DVD. 
B. I have purchased licensed DVD player hardware.
C. I have signed no license agreement with the DVDCCA.
D. In order to view the content on the DVD, it must somehow be
	decrypted.

Decryption does not occur magically; it is performed by my computer at
my instruction. The computer is a proxy for my action, not an actor
itself. If, as the court opines, the combination of (A & B) does not
confer *upon me* the "authority of the copyright holder" which is
required to decrypt, and furthermore given (C); how am I legally clear
of the DMCA when (D) occurs as I play my DVD?

	Have I missed a court opinion somewhere along the line that
explains this?




		Ole
-- 
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