Re: [dvd-discuss] Re: Correction: ReplayTV: Some Citizens Consumers, SomeNot

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

<D/A on>
 But it is protected under the title because it has CSS and CSS is used to 
protect other things and so if it is not protected under this title, then 
allowing CSS to be circumvented in this instance allows the other people 
to circumvent CSS for works that are protected.
<D/A off>

NOTICE: that the focus of such argument is NOT abiding by the letter of 
the law (as you point out) or its spirit but protecting the status quo.




Jeremy Erwin <jerwin@ponymail.com>
Sent by: owner-dvd-discuss@eon.law.harvard.edu
06/11/2002 08:18 AM
Please respond to dvd-discuss

 
        To:     dvd-discuss@eon.law.harvard.edu
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        Subject:        Re: [dvd-discuss] Re: Correction: ReplayTV: Some Citizens Consumers, Some 
Not



On Monday, June 10, 2002, at 10:54  PM, microlenz@earthlink.net wrote:
>
> BTW-  cartoons produced by the US government would never have been 
> copyrighted.
> But Derek, you can always take them off the DVD put them on your 
> website and
> hope that the MPAA files another lawsuit in absentia!

If I i'm reading this correctly, a 1201a1A violation would not have 
occurred, because the work is not "protected under this title." The menu 
structures, which might be copyrightable, are not actually obscured by 
CSS.

Moreover, if you distributed a device that was specific to this dvd, it 
could be argued that 1201a2A does not apply to this particular program 
or device, as it is "primarily designed r produced for the purpose of 
circumventing a technological measure that effectively controls access 
to a work NOT protected under this title;


Jeremy