[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index]
Re: [dvd-discuss] Postage Meters and the "Right to Tinker"
- To: dvd-discuss(at)cyber.law.harvard.edu
- Subject: Re: [dvd-discuss] Postage Meters and the "Right to Tinker"
- From: "John Zulauf" <johnzu(at)ia.nsc.com>
- Date: Fri, 10 Jan 2003 10:21:37 -0700
- References: <3E1DBBF1.13372.1F5EA4@localhost>
- Reply-to: dvd-discuss(at)cyber.law.harvard.edu
- Sender: owner-dvd-discuss(at)cyber.law.harvard.edu
> In addition to the GIFT aspect..There's another subtle aspect here. There is no
> contractual relationship between TurboTax and the recipient yet via the DMCA
> TurboTax is able to create one (allowing this argument).
Yes, and I think that is the narrow and appropriate role for the DMCA.
However I wouldn't characterize the relationship as contractual with
TurboTax and the individual. It simply asserts bypassing information
that would be supplied in a first sale isn't "fair use" thus promoting a
means to do so is contributory infringement (effectively). A work that
is protected by information that would be supplied in a first sale event
is not considered "sold" or "possessed." Yes, this is a bit "ketchup
is a vegetable, tomato isn't a fruit" logic, but it is a narrow "least
restrictive means" approach.
It is the over broad definition of TPM in Corely and Elcomsoft that
creates the horribles. A correct narrow view protects keyware (of all
varieties) with the minimum of 1A impact.
> What obligation do you
> have to TurboTax? Legally or ethically? Let's take this one step farther.
> Suppose they are able to code your address with each CD.
You'd probably have a privacy suit to bring, especially (a) as it was
undisclosed and (b) there are not easy CD shredders. (I don't think
microwaving a CD is good for the oven, right?)
> You throw it out and
> the dumpster diver gets it. You donate it to goodwill. You give it away...and
> the CD falls into the hands of the "jacker hacker cracker " who posts copies
> all over the place with YOUR address attached and now you have to defend
> yourself...is this that farfetched?
It's certainly an area for legislative attention. It's no different
than if a virus turns your PC into a zombie DOS or kiddie Pr0n site
without your knowledge. It's no different than if you fail to rip up
those credit card offers you receive. These identity issue are going to
need to be address in the laws and in the courts.
BTW when I said "individualized" disc, I meant "unique" as in each one
has it's own AES key.
> It's where Palladium, Intel, MPAA, RIAA
> seem to want to put things.
No argument here.
> The purpose of the statutes was to prevent the establishment of UNSOLICITED
> contracts and what TurboTax has done is exactly that.
Actually it is unsolicited LIABILITIES the law attempts to prevent.
Receiving TurboTax in the mail creates no liability or obligation, other
than than you don't violate copyright laws -- the same as if someone
mailed you a copy of a book.
I don't know about you, but I receive many contracts in my mail from
credit card companies every week. These pose a real security and "theft
of identity" risk if I don't dispose of them correctly (or if they were
stolen from my mailbox). These concern me more personally than an
unsolicited AOL or TurboTax installer disk by far.