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

["Ballowe, Charles" <CBallowe(at)usg.com>]

> -----Original Message-----
> From: Scott A Crosby [mailto:crosby@qwes.math.cmu.edu]
> Sent: Wednesday, April 24, 2002 4:36 PM
> To: Charles Ballowe
> Cc: dvd-discuss@eon.law.harvard.edu
> Subject: Re: [dvd-discuss] How many bits is a technical protection
> measure?
> 
> What I find far more interesting is that that program is *5* 
> years old,
> and the DMCA is being used as a club to try to retroactively 
> declare that
> his program is illegal.

The part that they are quoting doesn't say anything about the program.
It's really funny (or sad). Their C&D says "take your program down," but
their answer to why is "because the law says you can't disable our
client's protection measures." The arguement is flawed -- if they 
called in the anti-trafficking rules, then maybe they'd have a 
proper request to take the program down. Not that it'd be a reasonable
request, but at least they'd be citing the proper section of the law.
trafficking != circumventing.

Even a 5 year old program that is in wide distribution could have
trafficking halted, I think. (Can't be punished for pre-DMCA 
transactions, but could be whacked for new ones).

-charlie