RE: [dvd-discuss] Comments from the Judge in the 321 studios case

["Richard Hartman" <hartman(at)onetouch.com>]

It could not work.  The $999 edition would be a
circumvention device, whose primary purpose is
to bypass the TPM on the $9.99 edition.


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

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



> -----Original Message-----
> From: aicra@well.com [mailto:aicra@well.com]
> Sent: Tuesday, June 17, 2003 8:56 AM
> To: dvd-discuss@eon.law.harvard.edu
> Subject: RE: [dvd-discuss] Comments from the Judge in the 321 studios
> case
> 
> 
> This is an interesting concept that could actually work (2 editions).
> However, how would one distinguish that the work actually 
> derived from the
> purchased copy and not from an encrypted copy?
> 
> Would there need to be some distinguishing characteristic 
> other than say
> receipt or registration? Otherwise, it is possible people 
> will be accused
> of infringement when they have purchased the copy. Also, when 
> the legit
> copy exchanges hands, through sale or gift what would happen then? 
> 
> and, Yes, the patent like protection of copyright needs fixing.
> 
> -marcia
> Original Message:
> -----------------
> From: Richard Hartman hartman@onetouch.com
> Date: Tue, 17 Jun 2003 08:38:55 -0700
> To: dvd-discuss@eon.law.harvard.edu
> Subject: RE: [dvd-discuss] Comments from the Judge in the 321 
> studios case
> 
> 
> > 
> > On Mon, 16 Jun 2003 microlenz@earthlink.net wrote:
> > 
> > > And as I've argued before, works that are distributed with 
> > encryption should
> > > not be copyrighted
> > 
> > <DA>
> > Ok, so we offer two editions: the encrypted edition, for 
> > $9.99, and the
> > uncrypted edition, for $999.  If you copy the 
> > (uncopyrightable) encrypted
> > edition, you infringe the encrypted edition.
> > </DA>
> > 
> > Or are you saying publishing a work with encryption removes 
> > an item from
> > copyright?
> > 
> 
> 
> Yes, because it is never truely published.
> 
> Consider the difference between Trade Secret and Patent.  Patent
> is protection _under_the_law_ ... but it requires full disclosure
> by the inventor.  Anyone (with suitable skills) reading the patent
> application should be able to reproduce the invention -- but they
> would then be liable for infringement under the law unless they work
> out a license fee with the registered inventor.
> 
> Trade Secret involves the inventor _not_ registering the invention,
> but instead implementing their own protection.  The most commonly
> known (well, known _about_) Trade Secrets are recipies ... KFC's
> 7 herbs and spices, Coca Cola.  Should the Colonel's recepie get
> out, he has no recourse under the law for the recepie itself, although
> the act of stealing the Trade Secret usually implies at least one
> other illegal action, so the person who took it can frequently
> be prosecuted for breaking & entering, theft, or some such.  
> 
> The benefit of Trade Secret status over Patent protection is that
> the protection lasts for as long as you can maintain it.  Patent
> expires, at which point anyone is free to reproduce it.
> 
> Hollywierd is attempting to get the best of both worlds as applied
> to Copyright protection.  Consider that Copyright is very similar
> to Patent.  Protection under the law.  After expiration, the work
> becomes part of the public domain.  Hollywierd is attempting to
> implement their own protections for their works (a la Trade Secret)
> _without_ losing the benefits of Copyright status.  The best of
> both worlds so to speak.  Unfortunately, as has been pointed out,
> an encrypted work CAN NOT ENTER THE PUBLIC DOMAIN AT THE END OF
> THE COPYRIGHT TERM.  Thus the publishers are reneging on their
> part of the bargain.  
> 
> Copyright protection -- protection under the law -- involves full 
> disclosure.  The sole recourse is the law.  If you try to protect 
> it yourself, you're on you're own and you get protection for just 
> as long (and no longer) than you can maintain that protection.  Or
> at least, that's the way it _should_ be if the different IP types
> were being treated equally.
> 
> 
> -- 
> -Richard M. Hartman
> hartman@onetouch.com
> 
> 186,000 mi/sec: not just a good idea, it's the LAW!
> 
> 
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