RE: [dvd-discuss] How many bits is a technical protection measure?

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

Wait a sec ... the font creation tools automatically set the
"protected" flag & the user can't turn it off for fonts that
he, himself, has created?  And _this_ is the reason the
"circumvention device" was created?

Sounds like the font creation tool distributer is at fault
for encouraging the development of circumvention devices ...

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

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


> -----Original Message-----
> From: Charles Ballowe [mailto:hangman@steelballs.org]
> Sent: Tuesday, April 23, 2002 4:34 PM
> To: dvd-discuss@eon.law.harvard.edu
> Subject: Re: [dvd-discuss] How many bits is a technical protection
> measure?
> 
> 
> Interesting read. The lawyer cites 1201(a) and quotes 1201(a)(1) which
> seems to lack any foundation as there is no evidence that twm ever 
> circumvented a protection measure that was controling access to a work
> as defined in title 17. The only evidence from his site about Embed is
> that he has used it to open up fonts that he had created, certainly an
> allowable action.
> 
> They might have more of a case on 1201(a)(2), but that would 
> require that
> the primary purpose of his program is circumvention -- nowhere is that
> indicated anywhere on his site. His intended purpose, as far 
> as I can tell,
> is to open up fonts that he has created. Since creation of 
> fonts by individuals
> isn't exactly an activity that few engage in, there is 
> commercially significant
> uses of the program outside of its uses for circumvention. (At least I
> assume that would qualify).
> 
> Maybe he should report the lawyer to lerchey as someone 
> harrassing him online.
> ;)
> 
> -charlie
> 
> On Tue, Apr 23, 2002 at 06:48:04PM -0400, Scott A Crosby wrote:
> > On Tue, 23 Apr 2002, Scott A Crosby wrote:
> > 
> > > So, a lounge-rat here wrote a program that would reset 
> those flags to
> > > allow him to mark his fonts as embeddable.. He has recieved a DMCA
> > > takedown letter (which is on its way to 
> ChillingEffects.org) from a font
> > > house ordering him to remove the program.
> > 
> > Now the dialog is up at:
> > 
> >     http://www.andrew.cmu.edu/~twm/embed/dmca.html
> > 
> > (For me, its blank, so I had to 'view source' to read it.)
> > 
> > Wow.. That makes interesting reading. His program has been in
> > existance for over 5 *years*... Now, they're claiming, retractively,
> > that its illegal under the DMCA.
> > 
> > Very very interesting.
> > 
> > Chilling effects!  If this actually goes past C&D letters, 
> it would be an
> > even stronger exlempar of why no one can ever write any program that
> > might, at some time (even years) in the future be used for 
> 'circumvention
> > of a copyright protection measure'... Which probably 
> includes almost all
> > programs ever written.
> > 
> > Scott
> > 
>