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Re: [dvd-discuss] EFF: Court Endorses Ban on DVD Copy Technology[321 Studios]
- To: dvd-discuss(at)eon.law.harvard.edu
- Subject: Re: [dvd-discuss] EFF: Court Endorses Ban on DVD Copy Technology[321 Studios]
- From: Ole Craig <olc(at)cs.umass.edu>
- Date: Fri, 27 Feb 2004 14:36:50 -0500 (EST)
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- Reply-to: dvd-discuss(at)eon.law.harvard.edu
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On 02/23/04 at 18:22, 'twas brillig and firstname.lastname@example.org 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
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
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
Ole Craig * UNIX, linux, SMTP-ninja; news, web; SGI martyr * CS Computing
Facility, UMass * <www.cs.umass.edu/~olc/pgppubkey.txt> for public key
Where are the missing deficit-reduction program-related activities?