Re: [dvd-discuss] Postage Meters and the "Right to Tinker"

["Tim Neu" <tim(at)tneu.visi.com>]

Once again, major snipage. 8<

On Mon, 13 Jan 2003 14:12:08 -0800 (PST), johnzu wrote
> >On Fri, 10 Jan 2003 17:34:44 -0700, John Zulauf wrote
> >> Tim Neu wrote:
> >
> >Ok, then consider someone who only understands french paying somone to
> >translate the book for them.  Clearly this is a derivitive work.  Yet it
> >would also not be copyright infringment unless the derivitive work (the
> >translation) were distributed.   Is this correct?
> 
> Let's see... would it pass the four part test.  Yes.  Then (based on 
> the resasoning I have been using, it is not infringing.

Ah, but does it?   If the publisher sold a french version of the book, then
they could claim it ecomomically impacts them the cost of their new, hardcover
French edition - right?  In which case our translator is in trouble (prong 3
of the 4 part test, right?).   

Your legality would depend on what products are available from the copyright
holder.   Just like the same disk, without keyware - does transfer
ownership/authority and the keyware one does not.    This illustrates how
arbitrary this line seems to be.   It all boils down to the whim of the
copyright holder.

> >They sell their software at zero price.  A cracked version being available at
> >zero price is no change, correct?    
> 
> Actually they sell their "full version" software for some 
> substantial non-zero price, on the order of the key cost for the 
> keyware version.  A zero cost working version would have substantial 
> negative impact on that (the pesky 3rd leg of the 4 part test again).

Same with the French book.  One might argue if the loss would be a
"substantial" effect if (as we agreed) the zero-cost work is not distributed.

Also, can someone who distributes their program at zero cost later effectively
claim that the "substantial" effect is not by their own hand?

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