RE: [dvd-discuss] Comparing DeCSS with legitimate code.

["Michael A Rolenz" <Michael.A.Rolenz(at)aero.org>]

Actually, you are right. THere was a lot of dancing about it but at no 
time did they actually come out and give the whole legal theory and at no 
time did Kaplan actually inquire further. Given that Kaplan was a Senior 
partner in the INtellectual property division of a law firm that did work 
for TWI, I seriously doubt that he was not aware that SOMEBODY in his 
organization came up with that one and was totally ignorant of it.




Richard Hartman <hartman@onetouch.com>
Sent by: owner-dvd-discuss@eon.law.harvard.edu
05/24/2002 09:25 AM
Please respond to dvd-discuss

 
        To:     "'dvd-discuss@eon.law.harvard.edu'" <dvd-discuss@eon.law.harvard.edu>
        cc: 
        Subject:        RE: [dvd-discuss] Comparing DeCSS with legitimate code.


I don't recall the courts arriving at this authority
model.  I do remember us discussing it here, but not
as something that the courts has recogized as a legitimate
authority model.

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

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


> -----Original Message-----
> From: Michael A Rolenz [mailto:Michael.A.Rolenz@aero.org]
> Sent: Friday, May 24, 2002 9:05 AM
> To: dvd-discuss@eon.law.harvard.edu
> Subject: Re: [dvd-discuss] Comparing DeCSS with legitimate code.
> 
> 
> But the court didn't rule that the function was the 
> thing....REmember the 
> courts tortured logic came back to the fact that the authority of the 
> copyright holder is granted to the purchaser of the DVD (note 
> I did not 
> write owner) through a licensed player not at point of sale. Using 
> technology and the DMCA, they successfully argued that they 
> can split the 
> traditional manner in which the authority of the copyright holder is 
> granted. 
> 
> 
> 
> 
> Tom <tom@lemuria.org>
> Sent by: owner-dvd-discuss@eon.law.harvard.edu
> 05/23/2002 11:17 PM
> Please respond to dvd-discuss
> 
> 
>         To:     dvd-discuss@eon.law.harvard.edu
>         cc: 
>         Subject:        Re: [dvd-discuss] Comparing DeCSS 
> with legitimate code.
> 
> 
> On Thu, May 23, 2002 at 11:54:13PM +0100, Mark Roberts wrote:
> > exists. Has it been pointed out to the court that every 
> legitimate DVD 
> > player in the world has code which performs exactly the 
> same function as 
> 
> > DeCSS  ?
> 
> that is not true. especially later versions of decss have a much more
> sophisticated key handling than the commercial dvd players.
> 
> 
> > Unless the court can say what DeCSS does that a legitimate 
> player does 
> > not, there is surely no way that it can be ruled illegal.
> 
> let's see:
> 
> - decss reads DVDs regardless of region coding
> - decss allows skipping of the FBI warning
> - decss reads DVDs regardless of key revocation (later versions)
> - decss doesn't even need a key (later versions)
> 
> 
> -- 
> New GPG Key issued (old key expired):
> http://web.lemuria.org/pubkey.html
> pub  1024D/2D7A04F5 2002-05-16 Tom Vogt <tom@lemuria.org>
>      Key fingerprint = C731 64D1 4BCF 4C20 48A4  29B2 BF01 
> 9FA1 2D7A 04F5
> 
> 
>