Does the Magnussen-Moss Act Cover DVDs?
Woody77 asks: "I'm somewhat familiar with the Magnussen-Moss Act of 1975, which is mainly about warranties, but also mentions that you can't link one product to another. The wording, in typical lawyer-fashion, is vague. But it boils down to stating that you can't tie one product/service to another. It was mainly put together to handle situations as aftermarket parts being added to a car, and a dealer trying to claim the warranty is void for doing so. Now the question is: How does the Magnussen-Moss Act pertain to DVDs? It seems to me they are trying to tie one product (DVD Players) with another (DVDs). They both use the same technology, and are a natural pair, but why can't I use my DVDs elsewhere?" This raises the point: are DVDs covered by the Magnussen-Moss Act, or was there some legal maneuvering performed to make them exempt? If they aren't exempt, then what law allows the MPAA to tie DVDs and DVD Players together?
There is nothing about DVD technology that inherently couples a specific DVD to a specific player. I can buy a Sony produced DVD and play it on any hardware player in the market and any software player I can get my hands on. In fact, as we saw in a recent /. article you actually pay more to add CSS et al. I don't think that the M&M Act could apply here (although it won't melt in your hand :-)
Anyone with a deeper understanding want to correct me on this?
I don't see how this law applies to DVDs and DVD players, but what about another some other issues? My cable modem provider makes you subscribe to cable television (a company which the ISP is a subsidiary of). Now, I would like to eliminate that cable TV bill, cause I don't watch much TV, but It seems I'm not allowed to do such a thing. Is that legal?
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"Product tying" doesn't refer to compatibility or interoperability, it refers to purchasing. The M-M act says that it's illegal for me to take two separately available products like, oh I don't know, say HooverVacuum95 and HooverVacuumBagsIE and demand that you cannot buy one without buying the other. But it doesn't outlaw the fact that HooverVacuum95 won't work without HooverVacuumBagsIE if I am able to buy them separately.
Another technique is trademarks. If you want to manufacture VHS cassettes, you must license the trademark if you want to market them as VHS cassettes and use the VHS logo.
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