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RE: [dvd-discuss] SCC, Lexmark, and copyright versusreverse-engineering

I would argue that a government-granted monopoly (copyright) is not the capitalist system at work. I would be inclined to call a trade secret a capitalist competitive advantage because it doesn't require government intervention to maintain the monopoly. 

-----Original Message-----
From: John Zulauf [mailto:johnzu@ia.nsc.com]
Sent: Tuesday, April 01, 2003 10:50 AM
To: dvd-discuss@eon.law.harvard.edu
Subject: Re: [dvd-discuss] SCC, Lexmark, and copyright

microlenz@earthlink.net wrote:

> <DA on>
>  And if Lexmark has made RE so much more difficult, then they are entitled to
> their competitive advantage. That's the capitalist system at work.
> <DA off>

But isn't that *exactly* why we have copyright abuse and anti-trust? 
Let Lexmark contend that they are selling a software product with each
printer cartridge. 

The use of copyright to defend rights and markets *outside* the market
for the copyright work itself is copyright abuse.  Also, the requirement
to buy a copy of an copyrighted work in order to buy ink sounds like an
illegal tying to me -- especially since it grants the ink seller a

Out of the frying, into the fire.

<cynical>If only the cooks weren't off on vacation.</cynical>