RE: [dvd-discuss] The power of a click

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

> -----Original Message-----
> From: John Zulauf [mailto:johnzu@ia.nsc.com]
> Sent: Monday, December 03, 2001 9:14 AM
> To: dvd-discuss@eon.law.harvard.edu
> Subject: Re: [dvd-discuss] The power of a click
> 
> 
> 
> 
> mickey wrote:
> > 
> > How does one measure the effort required to click a mouse? 
> In the past,
> > it was a neat thing when machines could do work "at the push of a
> > button." Today, the click is seen as an effortless way to initiate a
> > series of instructrions in a list. But the thing I am having trouble
> > figuring out is this:
> > 
> > How can a click be an effortless and mindless action, as in 
> starting a
> > circumvention program, while also being used to verify that one has
> > applied careful consideration to a(n) EULA?
> 
> OH BRAVO!  (a) Either a click is a human action needed to have the
> computer conform to the will of the user -- or (b) it is a mindless
> operation to perform the envitable will of the functionality of the
> software.
> 
> With (a) -- DeCSS has no "functionality" (in the meaning of the court)
> as it is the action of the user that circumvents
> 
> With (b) -- the EULA's mean nothing and their is no restriction on
> reverse engineering of the  CSS code (or cracking the 
> licensed player to
> have desired functionality)
> 
> I love it.
> 

Don't be too elated, John.  Courts have already held that
click-wrap agreements are unenforcable.  Therefore, this
line of argument is likely to produce nothing more from
the court than a "yes ... so what's your point?" 


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

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