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Re: [dvd-discuss] EFF: Court Endorses Ban on DVD Copy Technology [321 Studios]

On 2 Mar 2004 at 12:47, Ole Craig wrote:

Date sent:      	Tue, 2 Mar 2004 12:47:28 -0500 (EST)
From:           	Ole Craig <olc@cs.umass.edu>
To:             	dvd-discuss@eon.law.harvard.edu
Subject:        	Re: [dvd-discuss] EFF: Court Endorses Ban on DVD Copy Technology
	[321 Studios]
Send reply to:  	dvd-discuss@eon.law.harvard.edu

> On 02/27/04 at 16:02, 'twas brillig and Joshua Stratton scrobe:
> > Presumably the answer is that the authority was given to the DVDCCA to 
> > authorize manufacturers to decrypt in the course of normal operations of
> > DVDCCA-allowed players.
> [...]
>  So when I press "play" on my DVD player, the decryption is
> actually *performed* by the manufacturer? How the hell is this not
> simply a retread of US V. Paramount Pictures, 334 U.S. 131 (1948)?

Oh no...this is a new wrinkle on an old greed.....the authority of the 
copyright holder has been given to the manufacturer of the DVD. The purchaser 
of the DVD only gets it through the graces of the DVDCCA and the compliance of 
the DVD manufacturer....

> > Or they just don't get it, which seems a bit more likely to me.
>  Likewise. The problem is that when the courts "don't get it"
> the consequences are a tad severe.

Yes...the sad thing is that they DON"T get it....there really isn't much to 
comment on the opinion...it's of the "I read Reimedes, Elcom and I agree...it 
saves me the trouble of thinking...and I get to protect Intellectual Property 
from being raped pillaged and plundered by the hoards of hackers..." While a 
pedantic legal scholar may admire the technical aspects of the opinion, any 
with insight would deplore the shallowness of it. Quite frankly as I read the 
opinion this weekend over coffee and a poppyseed bagel with cream cheese, I 
thought..."well this is light sunday morning reading....the book reviews in the 
NYTimes were more intellectually stimulating 20yrs ago and the underwear ads 
were more interesting..." 

>   Ole
> -- 
> Ole Craig * UNIX, linux, SMTP-ninja; news, web; SGI martyr * CS Computing
> Facility, UMass * <www.cs.umass.edu/~olc/pgppubkey.txt> for public key
>   Where are the missing deficit-reduction program-related activities?