Re: [dvd-discuss] Circumvention Device Definition

[microlenz(at)earthlink.net]

On 17 Jun 2003 at 6:06, Seth Finkelstein wrote:

Date sent:      	Tue, 17 Jun 2003 06:06:42 -0400
From:           	Seth Finkelstein <sethf@sethf.com>
To:             	dvd-discuss@eon.law.harvard.edu
Subject:        	[dvd-discuss] Circumvention Device Definition
Send reply to:  	dvd-discuss@eon.law.harvard.edu

>  Much as it's fun to proclaim "Magic Markers Are A
> Circumvention Device" (and Therefore The DMCA Is Absurd), let's
> not forget the technical definition in the law does take that
> issue into account:
> 
>  * (A) is primarily designed or produced for the purpose of
>           ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>     circumventing protection afforded by a technological measure that
>     effectively protects a right of a copyright owner under this
>     title in a work or a portion thereof;
>  * (B) has only limited commercially significant purpose or use
>                 ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>     other than to circumvent protection afforded by a technological
>     measure that effectively protects a right of a copyright owner
>     under this title in a work or a portion thereof; or
>  * (C) is marketed by that person or another acting in concert
>     with that person with that person's knowledge for use in
>     circumventing protection afforded by a technological measure that
>     effectively protects a right of a copyright owner under this
>     title in a work or a portion thereof.
> 
>  I must admit I've wondered about that part (C) - "marketed".
> It does seem to me to arguably cover e.g. an eBay auction that says
> "Magic Markers - great for circumventing CD copying restrictions". 
> hat's odd to my techie-mindset. But it actually seems to fit the legal
> framework around earlier infringement-capable devices (i.e., you can
> in general sell a device that has an infringing use, but marketing it
> for the explicit purpose of infringement is a no-no).

OK so what about sending out an email or flyers that say "you can create a 
circumvention device by doing the following ... [and several butcher's aprons 
later]...and that is how it can be done"?

> 
> -- 
> Seth Finkelstein  Consulting Programmer  sethf@sethf.com  http://sethf.com
> Anticensorware Investigations - http://sethf.com/anticensorware/
> Seth Finkelstein's Infothought blog - http://sethf.com/infothought/blog/