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MPAA Sues DVD Chip Manufacturers

WhatAmIDoingHere writes "The Motion Picture Association of America has sued two chip manufacturing companies for selling integrated circuits to manufacturers that produce non-approved DVD players."

624 comments

  1. Lawyers Profit! by mfh · · Score: 5, Interesting

    FTA: Sigma and MediaTek make chips to decode the Content Scramble System, or CSS, which is the copy-protection system used for DVDs. Their licenses require that they sell only to other CSS-licensed companies.

    Let me get this straight. The content scramble system can be disabled with chips sold to companies with licenses to distribute systems with copy-protection? I smell another SCO-styled lawsuit. When will people learn? These chips could be valuable in the development of technology to prevent copy theft, and even then, since these chips are only being sold to licensed distributors, I see that the MPAA, or whoever is in charge of these licenses, could have simply yanked the licenses instead of wasting precious court time and money... that is, unless, the MPAA knew damn well they didn't have a case for revoking these licenses, so they figured they had better make an example of these companies by suing them for lost revenue. It's almost parallel to a police department charging another department for sending drugs or illegal firearms to a third party for analysis. It's totally trumped up! IANAL, but I think with these kinds of cases going around the block, I would like to be one! Lawyers are the only ones who profit from these hyped up dramas!

    --
    The dangers of knowledge trigger emotional distress in human beings.
    1. Re:Lawyers Profit! by sbergstrom · · Score: 1, Informative

      If the chipmakers violated their licenses, they have broken the law and possibly caused a loss of revenue at the same time. Pulling the licenses does not reverse the damage done, so MPAA is justified in trying to recover those damages.

      --

      Love, Stu
    2. Re:Lawyers Profit! by Anonymous Coward · · Score: 1, Insightful

      they have broken the law
      They didn't break the LAW, they broke a CONTRACT.
      Not the same thing

    3. Re:Lawyers Profit! by squiggleslash · · Score: 5, Informative
      which is the copy-protection system used for DVDs
      Probably worth noting that it's the access control mechanism (as defined by the DMCA), not copy protection system. It doesn't prevent anything from being copied.

      It does make it more difficult for people to produce region free DVD players though, because only authorized DVD players may access the DVD (legally bypass the ACM), and a DVD player will not be authorized if it's region free, at least in the US. (Yes, there are hacks for many DVD players, but they're not supposed to be there, and more importantly, if a DVD manufacturer advertised the feature they'd lose their license instantly.)

      It's all about price fixing in the end. And it's legal. Don't you just love it?

      --
      You are not alone. This is not normal. None of this is normal.
    4. Re:Lawyers Profit! by Anonymous Coward · · Score: 3, Insightful

      Actually, they have not broken any law, unless there is some yet unrevealed aspect. As near as I can tell, there is only the allegation that they've breached some agreement. Since we don't know the particulars of any agreement, the veracity of the allegation is unknown.

    5. Re:Lawyers Profit! by so-logical · · Score: 1

      "If the chipmakers violated their licenses, they have broken the law..."

      I think this is the operative point. The offending companies (allegedly) broke they contract they had. The fact that the technology is related to movie "piracy" is anecodotal at best.

      These manufacturer's are not being held accountable for the actions of their users - they are being held accountable for selling technology to groups they were specifically told not to sell it to. Whether or not you, I, or they agree with the terms in the contracts is irrelevant - they are still the terms of the contract.

    6. Re:Lawyers Profit! by balls199 · · Score: 5, Interesting

      Actually, regional DVD's aren't about price fixing as much as it has to do with selling rights. With most U.S. independent films, the producer sells the right to distribute his film in the U.S. at a loss to a distributer like Sony, but keeps the rights to sell the movie internationally. The producer doesn't make any money from U.S. sales, but makes at least enough to pay for the film on foriegn distribution. Regional DVD's were most likely developed to keep the distributer from competing with the producer. Thus, if you buy a region free DVD player, you're stealing from the producer, not the big bad distributer everyone is complaining about. For more information check out the book "From Reel to Deal" by Don S-S Simens.

    7. Re:Lawyers Profit! by Eccles · · Score: 1

      With most U.S. independent films, the producer sells the right to distribute his film in the U.S. at a loss to a distributer like Sony, but keeps the rights to sell the movie internationally.

      Why? If you're going to sell at a loss, why sell at all?

      --
      Ooh, a sarcasm detector. Oh, that's a real useful invention.
    8. Re:Lawyers Profit! by lawpoop · · Score: 3, Informative
      Stu,

      Contract violation is a civil offense, not a criminal offense. Someone who has broken a contract has not violated the law.

      Thanks, Steve.

      --
      Computers are useless. They can only give you answers.
      -- Pablo Picasso
    9. Re:Lawyers Profit! by Your+Pal+Dave · · Score: 5, Funny
      Why? If you're going to sell at a loss, why sell at all?


      They plan to make it up in volume.
    10. Re:Lawyers Profit! by Landaras · · Score: 3, Informative

      It's all about price fixing in the end. And it's legal. Don't you just love it?

      To quote Larry Lessig...

      Note to citizens: We're permitted to change the law.

      - Neil Wehneman

    11. Re:Lawyers Profit! by jebell · · Score: 1

      Are there no civil laws to be broken?

      --
      This is my sig. There are many like it but this one is mine.
    12. Re:Lawyers Profit! by myowntrueself · · Score: 0

      "but I think with these kinds of cases going around the block, I would like to be one! Lawyers are the only ones who profit from these hyped up dramas!"

      These sortso f cases happen *because* of lawyers.

      You don't think that some normal human being wakes up one morning and thinks "I know, I'll sue my customers" or something like that?

      No. They are badgered, pestered and decieved by lawyers to start lawsuits so that lawyers will make a profit.

      Lawyers will even encourage action when they themselves won't benefit; so long as someone in the Brotherhood of Lawyers benefits its all good for them.

      --
      In the free world the media isn't government run; the government is media run.
    13. Re:Lawyers Profit! by Anonymous Coward · · Score: 0

      Thus, if you buy a region free DVD player, you're stealing from the producer.

      It is unfortunate to see an otherwise intelligent post marred by such blatant ignorance.

    14. Re:Lawyers Profit! by Anonymous Coward · · Score: 0

      Good question. My thought is that they want to establish a market for a particular film.

      If that is the case, they may as well have a contract for $x up to 200,000 copies, and $y for every 100,000 afterwards. This would be more in line with promotions in other fields

    15. Re:Lawyers Profit! by squiggleslash · · Score: 5, Insightful
      Actually, regional DVD's aren't about price fixing as much as it has to do with selling rights.
      Selling rights to what? Selling rights to walk around? Selling rights to watch TV? Selling rights to stand on top of a building and yell "I'm Rob Malda and I'm not going to take it any more!"?

      Or selling rights to be the exclusive distributor in a specific market with little or no recourse for customers who want DVDs in that market to shop elsewhere? In other words, selling rights to price fix?

      Regional DVD's were most likely developed to keep the distributer from competing with the producer.
      Well, few producers actually distribute, but in any case, does it matter who's not competing against who? If it's all down to contractual arrangements, how is it a different breach of contract for one distributor to issue region-free DVDs compared to, say, a distributor selling to outlets and advertising heavily in a region they're not supposed to be?

      It really boils down to one thing: distributors want to be able to monopolize a market rather than risk people comparing prices in some other market and importing craploads - either directly through the world wide web, or indirectly through grey-importers. And if it forces someone to buy the same DVD twice, both times at an uncompetitive price, when they move, then all the better.

      --
      You are not alone. This is not normal. None of this is normal.
    16. Re:Lawyers Profit! by antiMStroll · · Score: 2, Informative
      How do you get from

      "With most U.S. independent films, the producer sells the right to distribute his film in the U.S. at a loss to a distributer like Sony...

      to

      "Thus, if you buy a region free DVD player, you're stealing from the producer, not the big bad distributer ...."?

      Seems to me enforcing a system where the independent film maker sells American distribution rights at a loss it's Sony who's doing the stealing.

    17. Re:Lawyers Profit! by Frizzle+Fry · · Score: 1

      You don't seem to be a troll, and yet your second sentence directly contradicts the first. I am confused.

      --
      I'd rather be lucky than good.
    18. Re:Lawyers Profit! by Armchair+Dissident · · Score: 5, Insightful

      If the thinking behind the DVD region encoding is simply to prevent a producer selling DVD's in competition to a distributor, then I can only think that the distributors can't write contracts. If I were a distributor, and I wanted exclusive rights to distribute a film, I'd damn well say so in any contract, and I'd specify damages if that clause was broken. Then if the producer attempted to make another deal with another distributor in the same region, I'd sue.

      I'd suggest that distributors are, in fact, very good at writing contracts. One only needs to look at book deals to see this. I find it hard to believe that a film distributor is completely incapable of writing an exclusive distribution agreement into a contract and enforcing it, whereas the book publishing industry has no such problem.

      Thus if I buy a region-free DVD player (as I have) I fail to see how I have "stolen" anything from anybody. I certainly haven't stolen from the producer so long as I buy a copy of the film I watch; if the producer has a good contract, he still gets his royalty cheque. If the producer does not have a good contract, then the only person "stealing" anything from anybody is the big bad distributor.

      --

      The ways of gods are mysteriously indistinguishable from chance.
    19. Re:Lawyers Profit! by xenicson · · Score: 2, Funny

      Why? If you're going to sell at a loss, why sell at all?
      They plan to make it up in volume.
      Sweet, if you're going to lose money, you might as well do it in volume.

    20. Re:Lawyers Profit! by Shadow+Wrought · · Score: 3, Interesting
      Not quite.

      Having worked at several law offices now I can tell you that that is not how things happen. I'm not saying that no one has ever been talked into doing something from a lawyer, but far more common are greedy clients who want to amass voluminous wealth through the court process. Lawyers are certainly responsible for a lot of these messes, but not because they talked people into filing the suit.

      --
      If brevity is the soul of wit, then how does one explain Twitter?
    21. Re:Lawyers Profit! by Fulcrum+of+Evil · · Score: 1

      Maybe he meant that 'Contract violation is a tort offense, not a criminal offense.', which would imply that you have to sue for relief. (So not a lawyer)

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    22. Re:Lawyers Profit! by DunbarTheInept · · Score: 1

      A civil offense is still a violation of the law, that law being the law that enforces contracts. The only difference between a civil offense and a criminal one is that the plaintiff is not the government.

      --

      Don't label something "offtopic" unless you know the topic well enough to tell what's on topic.

    23. Re:Lawyers Profit! by phaetonic · · Score: 1

      that is, unless, the MPAA knew damn well they didn't have a case for revoking these licenses, so they figured they had better make an example of these companies by suing them for lost revenue IANAL, but a lawyer did tell me that you CAN NOT sue someone for lost revenue/profit by speculation alone, and proof must be very concise with proof to back it up. Judges are pedantic when it comes to this topic.

    24. Re:Lawyers Profit! by XMyth · · Score: 1

      Well, he did say independent films. Perhaps they just want to make a name for themselves?

    25. Re:Lawyers Profit! by avdp · · Score: 1

      Isn't breaching a contract against the law? Maybe not a criminal offense, but nevertheless illegal.

    26. Re:Lawyers Profit! by Kaa · · Score: 3, Insightful

      Note to citizens: We're permitted to change the law.

      With all due respect to Larry Lessig...

      Note to large organized groups of citizens which have the capability to buy or strongarm enough congresscritters: you are permitted to change the law.

      Note to the rest: you are still screwed.

      --

      Kaa
      Kaa's Law: In any sufficiently large group of people most are idiots.
    27. Re:Lawyers Profit! by balls199 · · Score: 1

      Think big distributer, little producer. Who do you think holds all the cards?

      Only the biggest producers can negotiate a deal to actually make money off of U.S. distribution. For the little producers, the distributers negotiate a percentage deal, then use "creative accounting" to show the film actually lost money.

    28. Re:Lawyers Profit! by Have+Blue · · Score: 1

      Depends on who's doing the buying. The parent said the movie was licensed by the producer to Sony at a loss in (e.g.) region 1 and licensed at a profit in (e.g.) region 2. If a region 2 customer imports the region 1 DVD instead of buying a region 2 locally, then the money goes to Sony.

    29. Re:Lawyers Profit! by DavidBrown · · Score: 4, Insightful

      Well of course it's a monopoly. Copyright is a legal monopoly. Maybe someday we'll ditch the free market for information and the prices of DVD's will be fixed by government committee. But until then, yes, the producer of a work has a monopoly on its distribution, and can sell pieces of that monopoly (regional distribution agreements) for whatever the market will bear.

      If this is still a problem for you, you should remind yourself that it's only a show and you should really just relax. If you don't like what they are selling it for, then vote with your pocketbook and don't buy it. This isn't food, it's entertainment, and the government shouldn't get involved in what entertainment costs.

      Cavaet: Copyright extentions still suck and are completely inappropriate, and, in my opinion, are nothing more than corporate theft from the public domain. But, while a copyright of reasonable length is still in effect, the owner of the copyright should have complete control of the work.

      --
      144l. ph34r my 133t l3g4l 5k1lz!
    30. Re:Lawyers Profit! by malfunct · · Score: 5, Informative
      Regional dvd's were developed so the movie industry could release the dvd in the US before they release the movie to theaters abroad. It also supports regional pricing so that they can better match the price to the demand in the area and not have to compete with themselves in other areas. Finally as you point out they can more easily divide distribution rights.

      That said it still pisses me off in general.

      --

      "You can now flame me, I am full of love,"

    31. Re:Lawyers Profit! by Anonymous Coward · · Score: 3, Informative

      Isn't breaching a contract against the law? Maybe not a criminal offense, but nevertheless illegal.

      Depends whether the contract is legal and enforcable or not.

      For example, if your contract requires you to break some other law, then it's fine to breach it by keeping the other law, because that contract would not stand up in court.

    32. Re:Lawyers Profit! by CmdrGravy · · Score: 1

      That is all as may be but the major effect so far as everyone else in the world is concerned is that it enables the movie industry to sell the same DVD's in different countries at different prices which from the consumers point of view certainly looks like price fixing.

    33. Re:Lawyers Profit! by danb35 · · Score: 1
      If the chipmakers violated their licenses, they have broken the law
      Not so. Others have chimed in on this point as well, most making the point that "breaking the law" almost invariably refers to committing a crime, which is true. One point that I didn't see raised in the other comments is that many judges (most notably Judge Posner of the 7th Circuit Court of Appeals) actually encourage parties to breach contracts when it would be cheaper for them to pay the damages than to perform (this is what's known as the "efficient breach" theory).

      That said, if the chipmakers violated their licenses, and if the MPAA can demonstrate that that violation caused them some monetary harm, then yes, the MPAA is justified in trying to recover the harm. The first would be pretty easy to prove--the second, nearly impossible.

      Disclaimer: IAAL,BIANYL.

    34. Re:Lawyers Profit! by brianosaurus · · Score: 1

      That's pretty similar to my "Unemployed Lawyers" theory.

      Unemployment is really bad, so there's all these out of work lawyers sitting around reading legal briefs trying to find work. They come up with some absurd interpretations of the DMCA or the PATRIOT Act, then approach some sue-happy company with their angle, hoping for a bite.

      If they're not unemployed, they still sit around making up work for themselves for fear of losing their job.

      Just a theory...

      --
      blog
    35. Re:Lawyers Profit! by Landaras · · Score: 2, Informative

      Note to large organized groups of citizens which have the capability to buy or strongarm enough congresscritters

      That's why organizations such as the EFF work to "strongarm" our legislators through education and appropriate persuasian.

      Financially and morally support them (and organizations like them) if these issues matter to you.

      - Neil Wehneman

    36. Re:Lawyers Profit! by SilkBD · · Score: 1

      If you're going to spout out all this crap... put down your sources for the information. Do we take you word for it? No.

      --
      00101010
    37. Re:Lawyers Profit! by SilkBD · · Score: 1

      Mod me down flamebait... but WTF are you on, crack? Make up selling individual DVDs at a loss by selling a LOT of them in volume?!?!?!? -1 + -1 + -1 + -1 ... + -1^n ... This is is a negative number. Not sure what math you're using... but tell it to my stock broker.

      --
      00101010
    38. Re:Lawyers Profit! by RAMMS+EIN · · Score: 2, Interesting

      ``a DVD player will not be authorized if it's region free, at least in the US.''

      What a different world. Here, most DVD players I've seen advertised recently were region free. I've also seen advertisements for DivX enabled DVD players that read "download, burn, enjoy!" or something similar. That's probably completely unthinkable in the US...

      --
      Please correct me if I got my facts wrong.
    39. Re:Lawyers Profit! by NormalVisual · · Score: 2, Insightful

      The government brings civil actions all the time - speeding tickets, for instance.

      --
      Please stand clear of the doors, por favor mantenganse alejado de las puertas
    40. Re:Lawyers Profit! by dirty · · Score: 5, Interesting

      Then they are entering into a bad business agreement. Explain how it's exactly wrong to import a DVD from Europe. I can drink imported beer, smoke imported cigarettes, wear imported clothes. Why not watch imported movies?

      --

      -matt
    41. Re:Lawyers Profit! by tftp · · Score: 1

      This is a well known situation. For example, you distribute something on a CD and sell it for $1 each. If you burn the CDs yourself, on CD-R, and sell in low numbers, then your costs are $1.50 and you lose $0.50 on each CD sold. However if you sell in large volume, say 100,000 CDs, then you order them pressed in China, for $0.05 per CD, and then you make $0.95 (or so) per CD.

    42. Re:Lawyers Profit! by Frank+T.+Lofaro+Jr. · · Score: 2, Insightful

      You are not stealing from anyone if you buy a region free DVD player.

      Stealing is the unlawful taking of property, not merely hurting someone's profits.

      Am I stealing from Opera because I am using Mozilla as my web browser?

      No.

      --
      Just because it CAN be done, doesn't mean it should!
    43. Re:Lawyers Profit! by Eccles · · Score: 1

      Perhaps. But are you trying to tell me the purpose of region-coding is simply so independent movie makers can get better DVD distribution?

      --
      Ooh, a sarcasm detector. Oh, that's a real useful invention.
    44. Re:Lawyers Profit! by lfourrier · · Score: 1
      But, while a copyright of reasonable length is still in effect, the owner of the copyright should have complete control of the work...

      ... as long as such control promote the progress of arts and sciences.

      Considering that you are inundated by advertisement about medias, advertisement going straight into the brain of millions of people, those media become part of the culture. And as such, they should be NOT protected. (let's communicate an extreme point of view, and then, the pre-DMCA situation can be presented as a balanced middle ground.)

    45. Re:Lawyers Profit! by tornado2258 · · Score: 2, Insightful
      DVD regions aren't actually about preventing distributors from competing with one another intentionally (as you say contracts stop that), it is about stopping people themselves from buying DVDs in regions where they are cheaper (eg far east) and then using them in Europe or the USA.

      It is a way of making those in regions where DVD prices are higher buy at the higher price instead of importing cheaper DVDs.

    46. Re:Lawyers Profit! by Anonymous Coward · · Score: 0

      I'm pretty sure it was a joke. And a funny one at that. Lighten up.

    47. Re:Lawyers Profit! by DM9290 · · Score: 2, Interesting

      "The producer doesn't make any money from U.S. sales, but makes at least enough to pay for the film on foriegn distribution. Regional DVD's were most likely developed to keep the distributer from competing with the producer. Thus, if you buy a region free DVD player, you're stealing from the producer, not the big bad distributer everyone is complaining about. "

      Your logic is backwards.

      By your logic, you are stealing from the producer if you buy a legal NTSC 1 region encoded DVD. Either way the, the producer gets no money.

      Likewise, if what you say it correct, then using a region free DVD player and then buying an international version of the movie is, rather than being "theft", the only way to send money to the producers of the movie.

      for the record: I'm opposed to region encoding. Consumers have the legal right to import a copy of a DVD for personal use, and the region encoding deprives certain regions from the ability to ever get their hands on certain movies.

      Students studying foreign languages, can't get access to versions of the movie dubbed into that foreign language. Tell me about fair use.

      --
      No one has a right to their *own* opinion. They have a right to the TRUTH.
    48. Re:Lawyers Profit! by Anonymous Coward · · Score: 0

      Lawyers are the only ones who profit from these hyped up dramas!

      1. Hype up a drama
      2. Become a lawyer
      3. Profit!!!

    49. Re:Lawyers Profit! by AJWM · · Score: 3, Funny

      Actually, regional DVD's aren't about price fixing as much as it has to do with selling rights.

      Exactly -- just as with book publishing, where if the publisher only has, say "North American rights", he uses region encoding on the book so that even if a copy makes its way overseas, nobody can read it.

      Oh, wait...

      --
      -- Alastair
    50. Re:Lawyers Profit! by avdp · · Score: 1

      That unfortunately goes without saying. Poorly written contracts, just like poorly written laws (isn't that all of them?) are subject to interpretation and are often overturned because of other laws or the constitution. You wouldn't have such an overloaded court system if that wasn't the case.

    51. Re:Lawyers Profit! by Laebshade · · Score: 4, Insightful
      if you buy a region free DVD player, you're stealing from the producer
      I'm sorry. Stop right there. I'm stealing by using a device that allows me to use something I bought?
    52. Re:Lawyers Profit! by tenton · · Score: 1

      It is a well known situation. But you missed it.

      It's called a joke.

    53. Re:Lawyers Profit! by Alpha+State · · Score: 1

      Sony: We're going to sell your movie in the US and keep all the money. Actually, you'll have to pay us to do it.

      Producer: Ok, that sounds fair.

      Why would a producer do this?

    54. Re:Lawyers Profit! by 10101001+10101001 · · Score: 2, Insightful

      This isn't food, it's entertainment, and the government shouldn't get involved in what entertainment costs.

      Explain why copyright exists again except to effect the cost of copyrighted works (ie, entertainment)? Or as another post states, what about the legal monopoly makes it a free market of information?

      The free market is a way of describing how things behave assuming individual control. The only free part about the free market then is free will. Free markets exist in socialism, capitalism, etc to varying degrees given that no authorative allocation process is 100% efficient and side trading occurs. To that end, mentioning the free market in the positive when in fact copyright inhibits the describable behavior seem disingenuous. P2P is a free market of sorts, but look at how legal most of that is.

      Copyright then is just a part of legally mandated monopoly. Why is it then that copyright is so non-regulated? The main excuse I can think of to explain this is that copyright does not provide regional control which is the firm basis for requiring governmental regulation (with a note that this is more a point needed for natural monopolies like utilities); or should I say, it didn't offer regional control until the DMCA. I guess it's time to regulate the MPAA and RIAA.

      --
      Eurohacker European paranoia, gun rights, and h
    55. Re:Lawyers Profit! by macdaddy357 · · Score: 1

      Stealing involves depriving someone of a tangible thing. You can't steal vapor.

      --
      How ya like dat?
    56. Re:Lawyers Profit! by Anonymous Coward · · Score: 0

      Your Doom3 bloopers website must have been done on an LCD display. Even with the brightness jacked up on this brand new CRT, I can not read any text on it.

    57. Re:Lawyers Profit! by The+Conductor · · Score: 1

      I believe the reason films are released later abroad is so they can re-use the prints. So everyone in Europe get screwed twice: Region 1 DVD's won't play, and the theatre projectors use hand-me-down prints.

    58. Re:Lawyers Profit! by Anonymous Coward · · Score: 0
      Well of course it's a monopoly. Copyright is a legal monopoly. Maybe someday we'll ditch the free market for information and the prices of DVD's will be fixed by government committee.

      Are you trying to say copyrights are part of a free market? Copyrights are the very antithesis of a free market. Copyrights are a huge government regulation. In a free market, anyone would be free to duplicate and sell anything they want.

      If this is still a problem for you, you should remind yourself that it's only a show and you should really just relax.

      It is not just a show. the Digital Millennium Copyright Act (DMCA) grants an unlimited monopoly on certain technologies. The DMCA makes it illegal for open source developers to make DVD players, readers for encrypted eBooks, and in the near future HDTV software. The DMCA also makes it illegal to distribute CSS microchips without permission.

      The way intellectual property laws are moving it will soon be illegal to record televised speeches from the President or elected representatives.

    59. Re:Lawyers Profit! by misterpies · · Score: 2, Insightful

      I'm sorry, but as a lawyer I feel compelled to point out that copyright has nothing at all to do with region coding. It's simply not true that the owner of the copyright has "complete control" over the work. If that were the case, the copyright owner could call you up and demand you stop watching his DVD, or tell you to only watch it on Thursdays and then only if you eat at Burger King. Copyright is in fact a very limited right - and rightly so: it gives the owner the right to control how the goods are first marketed (I'm not dealing with issues of public performance here). The person who owns the copyright in a movie can control who sells the DVD; he can sell the right to different people in different countries. But once the consumer has bought the DVD, the copright holder loses all his rights as to where that person uses the DVD. If I buy my DVDs dirt cheap (but legally) in Asia, then there is nothing in copyright law to stop me from bringing them into the US and watching them - I can even sell them on to someone else in the US since under the "first sale" rule, once the item has been sold on the copyright holder loses his right to control its marketing.

      DVD region coding goes far beyond copyright. It tries to stop me watching the DVDs I purchased in the US after I moved back to the UK (lucky it's easy to buy region-free machines here). It tries to stop me ordering cheap DVDs from overseas online stores.

      It is without any doubt, monopolistic, anticompetitive price-fixing with no justification in copyright law and I'm sorry, but it's the job of government to prevent businesses from abusing the marketplace and screwing the consumer.

      --
      The author of this post asserts his moral rights.
    60. Re:Lawyers Profit! by rollingcalf · · Score: 1

      "But until then, yes, the producer of a work has a monopoly on its distribution, and can sell pieces of that monopoly (regional distribution agreements) for whatever the market will bear."

      Copyright does not give the producer a monopoly on distribution, it gives them a monopoly on copying. Copyright law doesn't control forms of distribution that don't involve making new copies, such as selling used discs or importing legally manufactured DVDs from another country. Ever heard of the doctrine of First Sale which was upheld by the Supreme Court?

      --
      ---------
      There is inferior bacteria on the interior of your posterior.
    61. Re:Lawyers Profit! by DavidBrown · · Score: 1

      You have a good point, about the social reality of the situation, but you're advocating that there shouldn't be any copyrights. The question is why? So what if we are blanketed with advertising? That doesn't justify copying Captain Scarlet DVD's off the internet to complete your collection. DMCA did not change this - it only made the instrumentality of circumventing encryption/copy prevention illegal. Copying was already illegal prior to DMCA (admittedly, as only a civil wrong in most cases).

      --
      144l. ph34r my 133t l3g4l 5k1lz!
    62. Re:Lawyers Profit! by DavidBrown · · Score: 2, Insightful

      You are correct. Region encoding should not be protected under the law, because it has nothing to do with copyright. It's a matter of the contracts between the copyright holders and its various distributors. Since this contractural relationship has nothing to do with consumers, consumers should be allowed to 1) buy anywhere they like; and 2) circumvent region encoding without fear of penalty.

      --
      144l. ph34r my 133t l3g4l 5k1lz!
    63. Re:Lawyers Profit! by CustomDesigned · · Score: 1

      I have no objection to the monopoly on distribution. The problem is that once I buy a DVD, I can't do anything with it legally - unless I buy an approved player which I don't want or need. But you're right. It's only a show, so I just play family movies in our DVD drive. More entertaining than some of the drivel our there, anyway. I'll be happy to buy DVDs (of LOTR and Spiderman for instance) if I can get written permission to play them for personal use.

    64. Re:Lawyers Profit! by XMyth · · Score: 1

      No...I was trying to offer a possible logical explanation as to why independent film producers would sell their films at a loss, and that's it. The grandparent (or great grandparent?)'s conclusion didn't make much sense to me.

    65. Re:Lawyers Profit! by Anonymous Coward · · Score: 0

      So, if I'm forced to compete internationally for lower wage positions just to stay employed, why shouldn't the media producers have to compete internationally on price?

    66. Re:Lawyers Profit! by Mattsson · · Score: 1

      " Thus, if you buy a region free DVD player, you're stealing from the producer"

      No, but if you buy foreign region dvd's that are availible with your local region you might be.

      At least where I come from, buying movies of the local region is usually as cheap or cheaper than buying foreign region movies.
      The reason for me buying a region-free DVD-player is all the movies that aren't released here. Around half of my dvd-collection can't be bought on region 2 dvd's.

      --
      /.Mattsson - My native language is not English, so please don't whine over linguistic errors. (That's lame anyway...)
    67. Re:Lawyers Profit! by bit01 · · Score: 1

      Maybe someday we'll ditch the free market for information

      The existence of copyright means the free market has already been ditched. The only thing being argued about here is what form the unfree market should take.

      An unfree market is not necessarily a bad thing but this bullshit about the current set of laws being a naturally "free" market has got to stop.

      ---

      It's wrong that an intellectual property creator should not be rewarded for their work.
      It's equally wrong that an IP creator should be rewarded too many times for the one piece of work, for exactly the same reasons.
      Reform IP law and stop the M$/RIAA abuse.

    68. Re:Lawyers Profit! by ScrappyLaptop · · Score: 1
      STAND DOWN, SOLDIER!

      It was a joke, I believe first made popular by SNL, a skit called "the money store", in which the fictitious company is willing to give you "four five dollar bills for a twenty, five twenties for a hundred", etc.. When asked how they stay in business, the announcer answers, "How do we do it? Volume."

    69. Re:Lawyers Profit! by icebike · · Score: 1

      But, while a copyright of reasonable length is still in effect, the owner of the copyright should have complete control of the work.

      Why?

      That isn't what copyright is supposed to offer. It is only to prevent others from copying a work and selling it. Hint: Thats why its called COPYRIGHT.

      It is not now, and never was intend to be complete control.

      The author does not have the right to tell you that you can only read his book in Lincoln County Nebraska on a Tuesday while holding a Ford Hupcap in your left hand.

      Nor should he be allowed to dictate that you can only watch your legally purchased DVD in Holland and only with a Windows machine.

      Your argument is bogus.

      --
      Sig Battery depleted. Reverting to safe mode.
    70. Re:Lawyers Profit! by Bert64 · · Score: 1

      The regioning scheme is totally immoral, and atleast in New Zealand is illegal, as it should be everywhere else.

      --
      http://spamdecoy.net - free throwaway anonymous email - avoid spam!
    71. Re:Lawyers Profit! by Anonymous Coward · · Score: 0

      Did you even read what you're responding to? Well, if you did, you didn't understand it.

      Distributors typically purchase domestic distribution rights while producers maintain international distribution rights. Without region coding, I would be free to legally purchase a copy of a DVD from either www.amazon.com or www.amazon.co.uk. So even though I live in the domestic market, if I bought from Amazon's UK site, the producer would be benefitting from my business when the distributor is legally entitled to my business.

      There is nothing you can put in the distribution contract between the producers and the distributors which is binding to Amazon and prevents them from shipping a DVD overseas. You could put a clause in the contract that prevents the licensed distributor from using third parties which ship out of region, but no one wants that because you lose out entirely on the internet market and you don't sell nearly as many DVDs. The solution is to impose an overly-simplistic technological barrier which, when not circumvented, eliminates the problem.

      So it isn't the fact that you've bought a region-free DVD player, it's that by buying DVDs from a region that you do not live in, the money from the sale is ending up in the wrong hands. You haven't stolen anything, but you've caused someone to lose money and someone else to gain money.

    72. Re:Lawyers Profit! by Bert64 · · Score: 1

      So it IS price fixing, plain and simple...
      If they can afford to sell them at such a reduced rate in another country that it's actually beneficial for consumers to buy them in those countries and pay the cost of transporting them.. Then something is badly wrong with the prices in US and Europe, they must be making obscene profits on each copy sold and completely ripping the consumer off.

      --
      http://spamdecoy.net - free throwaway anonymous email - avoid spam!
    73. Re:Lawyers Profit! by Armchair+Dissident · · Score: 1

      Without region coding, I would be free to legally purchase a copy of a DVD from either www.amazon.com or www.amazon.co.uk. So even though I live in the domestic market, if I bought from Amazon's UK site, the producer would be benefitting from my business when the distributor is legally entitled to my business.

      Even with region-encoding you are free to do so. It is simply impossible to exercise that right without buying a separate DVD player for each region from which you buy a DVD. There's nothing illegal in doing that. My region-free DVD player simply means that I do not need a separate DVD player for each region. Nothing more. Nothing less.

      You haven't stolen anything, but you've caused someone to lose money and someone else to gain money.

      Which, as I understood it, is the whole point of competition: even in a global market. If one distributor offers a DVD at price X, and another offers the DVD at price X*2, I'm perfectly at liberty to choose the DVD at price X. Furthermore, if no european distributor chooses to distribute a film, I perfectly at liberty to go to a distributor that does. The copyright holder has a monopoly only so far as he chooses the distribution channels. Once he has done that, the distributors are open for competition - if they don't like that business model: tough luck.

      --

      The ways of gods are mysteriously indistinguishable from chance.
    74. Re:Lawyers Profit! by tornado2258 · · Score: 1

      Yes. It really is that simple.

    75. Re:Lawyers Profit! by julesh · · Score: 1

      I'm not sure about US law, but in the UK recovery of fines is not a civil action, but is based in criminal law and handled by entirely separate courts. My understanding of US law is that it is quite similar to UK law in many regards, and I would have thought that this is one of them.

      Can anyone provide references about this?

    76. Re:Lawyers Profit! by renderhead · · Score: 1
      This isn't food, it's entertainment, and the government shouldn't get involved in what entertainment costs.

      I'm not sure that I entirely agree that the government should get involved at all, but I agree with your basic idea whole-heartedly. Anti-monopoly laws were enacted to deal with companies that could abuse their stranglehold on American business interests at large. Railroad monopolies hurt everyone that needed transportation, as did oil monopolies. Steel monopolies held back construction of the machinery needed to produce and distribute many products. Microsoft has become a good contemporary example because their software has permeated American business and government to such a degree that the software company could negatively impact the entire country by making a change in their business plan.

      Entertainment, on the other hand, is not a necessity, as the parent poster said (even if you were to make the case that humans need entertainment to survive, we have many avenues for obtaining it that don't involve copyrighted materials). A monopoly on movie-making would at worst inconvenience everyone who wanted to watch movies and lead to an industry with crappy movies due to lack of competition. This is not life- or even economy-threatening. Sure, this would Suck(TM), but it's not a matter of "we need legislation to correct this now, now, NOW!"

      The complication, and the point where I might disagree with the parent, come where entertainment companies are not limited to one medium these days. Often, the same conglomerate selling those DVDs is the conglomerate that puts the news on TV and possibly even in your local newspaper. Failing to regulate the companies in the matter of DVD pricing or region encoding could set a bad precedent for when news media monopolies become an issue that Congress or the courts want to deal with.
      --
      I wish that my inferiority complex were as good as yours.

      -RenderHead

    77. Re:Lawyers Profit! by Dwonis · · Score: 1

      I thought copyright gave a monopoly on copying and distribution (i.e. the combination of both)

    78. Re:Lawyers Profit! by The+Wicked+Priest · · Score: 1

      The Change Bank!

      --
      Share and Enjoy: 09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
    79. Re:Lawyers Profit! by malfunct · · Score: 1

      I think they should. You need to come up with a technology that makes labor from abroad incompatible with industry in the states and protect your wages a bit :)

      --

      "You can now flame me, I am full of love,"

    80. Re:Lawyers Profit! by lfourrier · · Score: 1

      the point I made is:
      1) Politicians always (in real democracy) want to appear as the champion of the middle position, balancing interest of everybody.
      2) I believe in some IP^H^H temporary restriction of rights of others concerning use of imaterial informations, but not what we can see now.
      3) If I advocate my position, against big right holder, the middle ground move toward more IP.
      4) So I advocate no IP at all, and perhaps, the equilibrium will move in the right direction.

    81. Re:Lawyers Profit! by ScrappyLaptop · · Score: 1

      You are, of course, correct and I thank you for the memories! "The Money Store" was the actual company that snl parodied in the "The Change Bank" skits...now, for the kharma bonus extreme lightening round, does anyone know who the "The Money Store"'s television spokesman was?

    82. Re:Lawyers Profit! by DunbarTheInept · · Score: 1

      It is the same in this regard. I have no idea what the previous poster is talking about. Speeding tickets are not a civil offense.

      --

      Don't label something "offtopic" unless you know the topic well enough to tell what's on topic.

    83. Re:Lawyers Profit! by SilkBD · · Score: 1

      If it was a joke, well it definately went way over my head. Oh well.

      --
      00101010
  2. It's OK by Mz6 · · Score: 5, Funny

    It's still pretty easy to make DVD player region-free. I mean, it's not illegal to modify your own hardware now is it? Is this where they are going now?

    --
    Hmmm.
    1. Re:It's OK by nightsweat · · Score: 4, Insightful

      I thought it was illegal (in the U.S. at least) if you bypass a copy protection technology. Or does the DMCA only apply if you redistribute the info?

      --

      the major advances in civilization are processes which all but wreck the societies in which they occur - A.N. White
    2. Re:It's OK by Izago909 · · Score: 5, Informative

      I mean, it's not illegal to modify your own hardware now is it?

      It depends on where you live.

    3. Re:It's OK by JabberWokky · · Score: 1, Troll
      I mean, it's not illegal to modify your own hardware now is it?

      Where have you been the last four years?

      --
      Evan

      --
      "$30 for the One True Ring. $10 each additional ring!" -- JRR "Bob" Tolkien
    4. Re:It's OK by freak4u · · Score: 1

      Well, you can't modify software you buy, so I don't know (sarcastic)....Read Free Software, Free Society by RMS, it's a good one. Or Read Free As in Freedom

    5. Re:It's OK by RLW · · Score: 1

      Oh, but it is illegal to modify your own hardware. If you develop/modify/alter/create (etc..) a piece of hardware which breaks the CSS then you are in violation of the DMCA. That's where we're at.

    6. Re:It's OK by flakac · · Score: 2, Funny

      We need more Bush.

      Or my personal favorite from the '88 elections:

      Lick bush in '88!

    7. Re:It's OK by RLW · · Score: 4, Informative

      No distribution required. Just having something that by passes the encryption is enough. My understanding of the law is this, If you break an encryption scheme which is used to protect copyrighted material then you've broken the DMCA.

    8. Re:It's OK by donnyspi · · Score: 1

      and that means you're a bad person and should go to a federal pound-me-in-the-a$$ prison

    9. Re:It's OK by Smallpond · · Score: 5, Informative

      Bull...

      (b) ADDITIONAL VIOLATIONS. (1) No person shall manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part thereof, that (etc.)

      and

      (c) OTHER RIGHTS, ETC., NOT AFFECTED. (1) Nothing in this section shall affect rights, remedies, limitations, or defenses to copyright infringement, including fair use, under this title.

      Nothing about possessing or using technology that bypasses encryption. Its legal to have, use and modify, just not distribute. Kind of like the GPL.

    10. Re:It's OK by JWW · · Score: 4, Insightful

      Note: The DMCA is more than four years old. It isn't Bush's fault. That's not to say that he wouldn't have signed it, I believe he would have. But.. Clinton did sign it and I think Kerry would sign it too.

      The scary part is that there are no politicians who care about what consumers (citizens by the way) are being forced to accept to defend the big corporation's revenue streams.

      If we had the same group of scumbags in government back when the car was invented, I'd probably own a ridiculously overpriced horse and carriage today.

    11. Re:It's OK by CrimsonAvenger · · Score: 1
      Where have you been the last four years?

      Six years. This is from 1998, when Clinton was President.

      --

      "I do not agree with what you say, but I will defend to the death your right to say it"
    12. Re:It's OK by gcaseye6677 · · Score: 1

      Too bad he wasn't running back in '69.

    13. Re:It's OK by JabberWokky · · Score: 1
      I never brought up Bush. You are decidedly defending him to the wrong person. Not only did I vote for Bush, I lived in Palm Beach County at the time, so my vote was a key vote to get him in.

      For the record, I think Bush is very mediocre, but Gore was even more so and Tipper Gore was downright scary. Kerry hasn't impressed me much either. There are some good people in Congress and some good governors, but none of them are running.

      --
      Evan "Remember, kiddies... BushHate is a religion funded by big business and created by true believers and social manipulators just as much as BushLove or KerryIsAWarHero is"

      --
      "$30 for the One True Ring. $10 each additional ring!" -- JRR "Bob" Tolkien
    14. Re:It's OK by JWW · · Score: 1

      You never brought up Bush, but I took your reference to the "last four years" to tie into the current administration.

      The DMCA has been around 6 years, the appropriate statement would have been "last 6 years".

      My other point is that we're being sold out on this stuff by ALL politicians (however I should say that Nader would probably repeal the DMCA, but he won't be getting elected -- and hes not on the ballot in my state anyway).

    15. Re:It's OK by chrish · · Score: 1

      Don't blame me, I voted for Kodos.

      --
      - chrish
    16. Re:It's OK by c0d3h4x0r · · Score: 1

      Nothing about possessing or using technology that bypasses encryption. Its legal to have, use and modify, just not distribute. Kind of like the GPL.

      Don't you have to have something in order to give it to someone else? Doesn't that imply that distribution is also illegal?

      --
      Moderator hint: a comment is neither "Flamebait" nor "Troll" if it is true.
    17. Re:It's OK by whyde · · Score: 4, Funny

      Two consenting same-sex adults enter a windowless room (no A/C) with a Linux box, smartcard programmer, DVD burner, XBOX mod chip, copy of DeCSS, a DSL connection, a black Sharpie marker, and a copy of LOTR:ROTK.

      They exit the room four hours later, flushed and smiling.

      How many different crimes have been committed?

    18. Re:It's OK by Lumpy · · Score: 1

      No distribution required. Just having something that by passes the encryption is enough.

      Therefore all of you that have soldering irons, screwdrivers, sharpie pens and working eyes in your heads must report to the nearest federal prison.

      another reason why laws that make 90% of the population criminals are purely stupid.

      --
      Do not look at laser with remaining good eye.
    19. Re:It's OK by hubang · · Score: 1

      Remember Dmitry Sklyarov? What he did was leagal in the Russian Federation. He was still arrested for it in the US.

    20. Re:It's OK by JabberWokky · · Score: 1
      No reference intended. The "last four years" was a generic "recent history" amount of time. I forgot that all comments are viewed in a political light these days. There are been other bills, some proposed, some passed, that affect your property rights dating back way before that and continuing up to today.

      And damn... it's been six years. Time flies.

      --
      Evan

      --
      "$30 for the One True Ring. $10 each additional ring!" -- JRR "Bob" Tolkien
    21. Re:It's OK by tftp · · Score: 1

      They would have no use for the black Sharpie marker. Also, they don't have any blank DVDs :-)

    22. Re:It's OK by NaugaHunter · · Score: 1

      Two consenting same-sex adults enter a windowless room (no A/C) with a Linux box, smartcard programmer, DVD burner, XBOX mod chip, copy of DeCSS, a DSL connection, a black Sharpie marker, and a copy of LOTR:ROTK.

      They exit the room four hours later, flushed and smiling.

      How many different crimes have been committed?


      You forgot to mention which state they are in. Some states still have more old, puritanical laws on what consenting adults can do than other states do.

      Which is why I can't go back to Georgia, but that's probably a little off-topic.

      --
      R: That voice. Where have I heard that voice before? B: In about 365 other episodes. But I don't know who it is either.
    23. Re:It's OK by UnknowingFool · · Score: 1
      Just having something that by passes the encryption is enough.

      True, but how does selling these chips bypass the encryption? These chips were not some black market illegal mod chips. These chip makers were contracted to make these chips. They were given the specifications. A provision of their contract was that they could only sell to certain companies so they broke a contract.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    24. Re:It's OK by Anonymous Coward · · Score: 0

      Just keep voting the incombants out. Maybe eventually they'll get the hint that we're not happy and realize they have to actually do something different than their predecessor.

    25. Re:It's OK by d-man · · Score: 1

      Seen on a T-Shirt in college (~1991):

      On the front:
      "We eat it
      We drink it
      We made it our president"

      On the back: A Busch beer logo :)

      --
      Unix: Where /sbin/init is still Job 1.
    26. Re:It's OK by macdaddy357 · · Score: 1

      Dmitry Sklyarov was arrested for giving a speech about a piece of DMCA infringing software, not actually circumventing DRM, proving the First Amendment to be nothing but some pretty sounding words on an old piece of parchment.

      --
      How ya like dat?
    27. Re:It's OK by LordLucless · · Score: 1

      o person shall manufacture, import, offer to the public, provide, or otherwise traffic in any technology

      So you're not allowed to make it, or buy it (which would be trafficking), but you're allowed to have it?

      --
      Just because you're paranoid doesn't mean there isn't an invisible demon about to eat your face
    28. Re:It's OK by mian · · Score: 1
      If we had the same group of scumbags in government back when the car was invented, I'd probably own a ridiculously overpriced horse and carriage today.

      compared to our petrol prices at the moment the horse and carriage doesn't sound too bad.

    29. Re:It's OK by Alsee · · Score: 3, Informative

      Who modded this troll up?

      He blatantly skipped (a) which makes circumventing criminal. Courts have ruled the DVD-CCA system is an "effective access control system", and short of having the DMCA overturned, circumventing their system is clearly illegal.

      His refference to "(c) OTHER RIGHTS, ETC., NOT AFFECTED" is pointless because violating the DMCA is not copyright infringment. There is no fair use defence to violating the DMCA. Saying a non-existant defence is "not affected" is just plain offensive.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    30. Re:It's OK by willpall · · Score: 1

      Depends on how many ways that Sharpie was used...

      --
      Libertarian: label used by embarrassed Republicans, longing to be open about their greed, drug use and porn collections.
    31. Re:It's OK by Technician · · Score: 1

      My old police scanner is now classified as a wiretap.

      It got the classification when it became illegal to have a device that could listen to analog cell phones and the base of the old 49 Mhz cordless phones. I think some analog voice pages are also included in the mix. I can scrap my old scanner, but it's a crime to own or sell it.

      Breaking encryption isn't always nessary to be a criminal.

      --
      The truth shall set you free!
    32. Re:It's OK by RLW · · Score: 1

      I'm not saying I agree with the law.

    33. Re:It's OK by Armando_Mcgillicutty · · Score: 1

      And what state they're in at the time...

    34. Re:It's OK by UnknowingFool · · Score: 1
      But the issue here is that I can't see how any law, even the DCMA, was broken. These chips don't bypass the encryption. They were made to unlock the encryption by the people who designed the encryption in the first place. They just sold to wrong companies.

      Here's my best analogy. Lockpicks are illegal in some places, but master keys are not. If a company was contracted to make master keys with the provision that they couldn't sell to the general public in the contract. Now if it is not illegal to sell to the general public these master keys, the company breaks a contract by selling to the public but it does not break the law. My reading of the DCMA is that is illegal to have lockpicks (bypassing) but does not mention anything about having master keys.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    35. Re:It's OK by RLW · · Score: 1

      I don't how it will play out. I'm not a liar^H^H^H^H lawyer.

  3. Additonal functionality disallowed? by DamienMcKenna · · Score: 3, Insightful

    So it is no longer legal to add additional functionality to a device you are creating? There goes my idea of building a more secure website than my managers asked for, can't have that.

    Damien

    1. Re:Additonal functionality disallowed? by NanoGator · · Score: 1

      "So it is no longer legal to add additional functionality to a device you are creating?"

      Legalities haven't changed. For example, you can't break contractual deals. I think the MPAA's being silly, but really let's not blow this out of proportion.

      --
      "Derp de derp."
  4. Learning from the masters by Autumnmist · · Score: 2, Funny

    Aw man, and here I thought they were learning the right lesson from the RIAA's example.

    *attemps to keep a straight face*

    --
    --- "Many of the truths we cling to depend greatly on our own point of view." ~ Ben Kenobi, 'Return of the Jedi'
    1. Re:Learning from the masters by freak4u · · Score: 1, Offtopic

      Here's the deal. The RIAA claims that downloading cut into their profits. I for one bought Moby's Play because I downloaded a few songs. They also don't take into account that they (RIAA) have hiked up CD prices, and most music on the album sucks save 1 or two tracks. Most people don't want to spend $20 for 1 or 2 good tracks. It's kinda like saying Ice Cream trucks won't sell as much Ice cream in Jan as they will in Jul. That's kinda true, and there are plenty of stats to back it; but it might be because of the temp...Not the name of the month.

  5. Just annoyances anyway... by garcia · · Score: 5, Insightful

    it said proved the two were selling microchips to companies, whose DVD players lack what the MPAA called "appropriate security features.

    Give me a break. All of their "security" features have been easily broken by widely known software/hardware out there. In fact the only thing that "security features" do is make the general public annoyed.

    Take for example the TV/VCR combo I use in my bedroom. I have no need for a huge TV in there as I have two larger TVs elsewhere in the house. I hooked up an old DVD player to it. The TV thinks that I am trying to copy DVD's and enables Macrovision. There is no way to disable the Macrovision (at least from what I can find on the net) for that DVD player.

    Thus I am stuck w/removing the macrovision using available software and reburning so I can enjoy the DVDs I have purchased.

    1. Re:Just annoyances anyway... by sbergstrom · · Score: 3, Insightful

      These protection features are "just annoyances" in the same way that padlocks are "just annoyances". If someone wants to open something locked with a padlock, it's really *not that hard* for him to do so, either by picking or with some bolt cutters. If a company is licensed to sell someone's technology, provided they put a padlock on the box containing that technology, they had better put the padlock on there, regardless of the prevalence of boltcutters.

      It's not news that security features only keep honest people out.

      --

      Love, Stu
    2. Re:Just annoyances anyway... by Ziak · · Score: 1

      i just don't see the purpose of this since all copy protection gets broken in about 1 month the lastest the second it comes out........ its just more of a hassle to people who try not to break the law because if someone is trying to burn a game it dosen't take long to find a way to get around it.

      --
      Loading Please Wait....
    3. Re:Just annoyances anyway... by garcia · · Score: 5, Insightful

      . If someone wants to open something locked with a padlock, it's really *not that hard* for him to do so, either by picking or with some bolt cutters.

      Does the Security Locker Association of America sue Masterlock for having a lock that be opened with bolt cutters or a torch?

    4. Re:Just annoyances anyway... by CrowScape · · Score: 4, Insightful

      Except, last I checked, bolt cutters were not illegal.

      --
      common sense: noun
      What those who are ignorant of the subject matter think; usually wrong.
    5. Re:Just annoyances anyway... by ergie · · Score: 1

      http://homepages.picknowl.com.au/tim_seifert/revie ws/Dr_Video/start.html

    6. Re:Just annoyances anyway... by neurojab · · Score: 3, Informative

      >The TV thinks that I am trying to copy DVD's and enables Macrovision.

      I'm sure you're aware of this, but to clarify: The DVD is marked with a macrovision flag that tells the DVD player to produce an incorrect NTSC signal intended to mess with the automatic gain of a VCR. The DVD player obligingly corrupts the signal. Many TVs have problems with a macrovision-corrupted signal, especially TV/VCR combos.

      I have this problem as well, but I get around it by only buying DVD players in which the macrovision "feature" can be disabled. I don't do this to copy DVDs, I do it so I can watch them.

    7. Re:Just annoyances anyway... by JaxGator75 · · Score: 1
      But when used in the commission of a crime...

      /what was my point?

      --
      Come and see the violence inherent in the system!
    8. Re:Just annoyances anyway... by Josh+Booth · · Score: 2

      You could just buy a modulator from anywhere that sells DVD players, connect the dvd to the modulator, and connect the modulator to the TV. Our modulator even switches automatically from Antenna to DVD when the player turns on. Poof, no macrovision!

    9. Re:Just annoyances anyway... by ArsonSmith · · Score: 4, Insightful

      yet

      --
      Paying taxes to buy civilization is like paying a hooker to buy love.
    10. Re:Just annoyances anyway... by FirstTimeCaller · · Score: 2, Insightful

      It's not news that security features only keep honest people out.

      Yes and sometimes we get locked out of our own homes/vehicles. Sigh.

      --
      Wanted: witty unique signature. Must be willing to relocate.
    11. Re:Just annoyances anyway... by Anonymous Coward · · Score: 2, Interesting

      In most places they are not illegal to purchase or own (in your own domicile). But in many places you don't want to get caught driving around with them in your car, especially not if you have other things that might be considered by police to the 'theives tools'. In many places they don't even have to catch you breaking in someplace, or with stolen goods, just possession of said 'theives tools' is enough. Many of the other items that would be considered to be 'theives tools' are even more innocuous, like wire coathangers, various types of wrenches and screwdriver bits.

      Of course, where I live, it is illegal to carry wire cutters in your pocket. But that is one of those bizzare laws that has been on the books since like the 1860s that they just never get around to repealing even though nobody is really that worried about cattle rustlers cutting barbed wire fences any more (the original reason for the prohibition).

    12. Re:Just annoyances anyway... by Neon+Spiral+Injector · · Score: 4, Insightful

      I think your point was: you can use a pair of bolt cutters to get into your own shed you lost the key to. Just as you should be able to use a program to decrypt and remove the MacroVision bit from DVDs you own.

    13. Re:Just annoyances anyway... by Anonymous Coward · · Score: 1, Interesting

      Heh I did one better. In a rented house (furnished), for a test I plugged my G4 into the video player to see if I could watch it on TV.

      Worked great, then for a test pressed record. It activated the macrovision, after that nothing worked in the VCR.

    14. Re:Just annoyances anyway... by Resident+Geek · · Score: 4, Insightful
      These protection features are "just annoyances" in the same way that padlocks are "just annoyances". If someone wants to open something locked with a padlock, it's really *not that hard* for him to do so, either by picking or with some bolt cutters. If a company is licensed to sell someone's technology, provided they put a padlock on the box containing that technology, they had better put the padlock on there, regardless of the prevalence of boltcutters.

      Care to explain that again? Sorry, bub, but unlike a citizen's private property, companies don't have a guaranteed right to profit--no matter what cockamamie ways they come up with to make it seem that way. You've been duped. The MPAA's licensing tactics are no different than kneecap-protection policies offered by Vinny & Sons.

      --
      Fighting the War on the War on Drugs.
      http://smokedot.org/
    15. Re:Just annoyances anyway... by oliverthered · · Score: 1

      My friend was cautioned for 'comming equipted',
      My friend is poor, drunk, and thinks that Marks and Spenser throwing £1000 of food a week into landfill isn't a good idea.

      He was caught with a carrier bag of bananas, presumably the 'equipment' was the bag.

      --
      thank God the internet isn't a human right.
    16. Re:Just annoyances anyway... by kpansky · · Score: 1

      Nor is cutting your own lock with said bolt cutters.

      --

      --Kevin
    17. Re:Just annoyances anyway... by sbergstrom · · Score: 1

      Sorry, bub, but I wasn't trying to justify the terms of the contract. You've been duped if you think that you can breach a contract after you've signed on the dotted line simply because it's easier to do so.

      And, to take it off-topic a bit: You've also been duped if you think the American military is much different from Vinny & Sons. I live in the midwest, so I don't have much use for border protections or defense against foreign attack, at this point. Does this mean I don't have to pay the tab for the military? Absolutely not. My point is that your analogy is moot.

      --

      Love, Stu
    18. Re:Just annoyances anyway... by ConceptJunkie · · Score: 1

      But it should be news that security features prevent people from doing things they are legally entitled to do.

      --
      You are in a maze of twisty little passages, all alike.
    19. Re:Just annoyances anyway... by sbergstrom · · Score: 1

      If you are legally entitled to bypass the security features, as you claim, then wouldn't it be legal to use the 'boltcutting' tools available? After all, it's *your* shed you're breaking into.

      --

      Love, Stu
    20. Re:Just annoyances anyway... by shawn(at)fsu · · Score: 1

      I think you lost sight of the original issue. according to the article Their licenses require that they sell only to other CSS-licensed companies. Just because this security messuer is now more or less weak, it does not mean that they should be able to break the agrement.

      I don't think this article has anything to do with your (end consumer) fair use rights it is about an agrement between companies.

      --
      500 dollar reward for tip(s) leading to the arrest of the person(s) who stole my sig.
    21. Re:Just annoyances anyway... by Gannoc · · Score: 5, Funny

      I think your point was: you can use a pair of bolt cutters to get into your own shed you lost the key to. Just as you should be able to use a program to decrypt and remove the MacroVision bit from DVDs you own.

      Incorrect, commie.

      According to the RIAA, you should simply buy a new shed.

    22. Re:Just annoyances anyway... by Fred+Foobar · · Score: 1

      Even honest people will find a way to "break into" their house or car, and that is not illegal to do (yet).

      --
      It was a really good paper.
    23. Re:Just annoyances anyway... by sbergstrom · · Score: 1

      No, but your analogy doesn't pan out. The "Locker" association is creating the container for some content. If there was some content, say a diamond, and the proprietor of the diamond licensed the Security Locker Association of America to hold that diamond in their locker under the condition that they use a Master padlock, then the diamond's owner would sue the SLAA if such a padlock was not used. Masterlock hasn't done anything wrong, nor is SLAA in a position to litigate.

      --

      Love, Stu
    24. Re:Just annoyances anyway... by Resident+Geek · · Score: 2, Insightful
      You've been duped if you think that you can breach a contract after you've signed on the dotted line simply because it's easier to do so.

      My point is that the contract and its terms are what's illegitimate. It's the same thing with Microsoft's OEM licensing of old, preventing distributors from intsalling other OSes. Sure, it's a contract, but that doesn't make it less repugnant. We're not talking about specific legal contracts at this point--we're talking about whether the legality of the practice overall is sustainable. And frankly, it's not, for the reason I laid out: a company doesn't have a guarantee to profit. The licensing employed by the MPAA is nothing more than a legalised protection racket.

      You've also been duped if you think the American military is much different from Vinny & Sons. I live in the midwest, so I don't have much use for border protections or defense against foreign attack, at this point. Does this mean I don't have to pay the tab for the military? Absolutely not. My point is that your analogy is moot.

      A complete, self-admitted red herring. Yes, the argument can be made that the US government and its citizens have such and such responsibilities and authorities. However, last I checked, a corporation is not bound by the same principles, or protected by the same guaranties. So, your attempt to invalidate my analogy is flawed.

      --
      Fighting the War on the War on Drugs.
      http://smokedot.org/
    25. Re:Just annoyances anyway... by Whatthehellever · · Score: 1

      The keyboard you're tying on is illegal since you're using it to publically say you are going to/have violated the DMCA.

      Next on the Government's list: Thought crimes. Don't laugh, it's called the INDUCE ACT.

      --

      ---
      IMHO, of course.
      May the SOURCE be with you.
    26. Re:Just annoyances anyway... by kfg · · Score: 0, Offtopic

      Except, last I checked, bolt cutters were not illegal.

      They are a burglary tool and you may be convicted of possession. I personally viewed a case where a man was convicted of possession of a screwdriver, with this interesting twist, the screwdriver was actually one of the things he admited he stole. It wasn't one of the tools of the crime, it was part of the loot.

      Yes, this is a bastardization of the law (and all possession laws are a bastardization of American legal philosophy in the first place), but it is the way the law is successfully applied. Successful application is called "precedent."

      KFG

    27. Re:Just annoyances anyway... by ArsenneLupin · · Score: 1
      He was caught with a carrier bag of bananas, presumably the 'equipment' was the bag.

      Oh, and I was thinking the equipment was the banana! Or the two chestnuts in the bag ;-)

    28. Re:Just annoyances anyway... by Anonymous Coward · · Score: 0
      I think your point was: you can use a pair of bolt cutters to get into your own shed you lost the key to. Just as you should be able to use a program to decrypt and remove the MacroVision bit from DVDs you own.

      Now you tell me. I just removed the Macromedia chip from my DVD player, and things aren't working so good...

    29. Re:Just annoyances anyway... by Anonymous Coward · · Score: 1, Informative

      Give me a break. All of their "security" features have been easily broken by widely known software/hardware out there. In fact the only thing that "security features" do is make the general public annoyed.

      Ditto. When I worked for a DVD chip maker (not one in the lawsuit) all of the microcode engineers had a copy of DeCSS and had all kinds of fun. I spent one day working with them and quickly realized how ridiculously easy it was to crack CSS and othe other "security" schemes they used. They said it was comical, and might as well not even used it in the first place because of it's bad design.

    30. Re:Just annoyances anyway... by sik0fewl · · Score: 1
      Does the Security Locker Association of America sue Masterlock for having a lock that be opened with bolt cutters or a torch?

      God, I sure hope so. And the RIAA, too, if there's a DVD behind the door!

      --
      I remember when legal used to mean lawful, now it means some kind of loophole. - Leo Kessler
    31. Re:Just annoyances anyway... by Anonymous Coward · · Score: 0

      That's a false analogy. If you cut your master lock you've broken the product. If you take the MacroVision out of a DVD you've altered the product, but it's still in a usable (and arguably piratable) state. I don't think the MPAA would mind if you broke your DVD's in half and bought new ones.

      A better analogy would be using lockpicking tools to open the lock to your shed. You can't buy those either.

      The law is a balance. You could use a paperclip to pick the lock on your shed, and that would be fine. The chances of millions of people being able to pick locks with a paperclip and steal lawnmowers out of people's sheds is pretty low. Lockpicking tools, on the other hand, make it too easy to do just that. That's why they're illegal (for the unlicensed plebian, anyway).

      The law must find a balance here as well between products that serve a purpose but could be harnessed for illegal activity (paperclip) and products that are used mainly for, or make to easy, illegal activity (lockpick tools/Macrovision Decrypter).

    32. Re:Just annoyances anyway... by Anonymous Coward · · Score: 0

      Your analogy is BS. While a corporation does not have a "right" to make a profit, to use your words, it does have a right to regulate and control access to its 'property" just as the private citizen has a "right" to put a paddle lock on his shed and expect others to stay out. Funny you agree that breaking and entry where it comes to the private citizen's right to protect his personal property is a crime, but stealing from the company by depriving them of the income they get through the limited license they provide when selling DVDs is OK. Guess it is really just a matter of who's ox is being gored, isn't it? FYI, the corporation has precisely the same rights to its property as you, a private citizen, have to yours.

    33. Re:Just annoyances anyway... by jafac · · Score: 2

      First DVD player I bought was an Apex 600. It had a secret config menu that allows you to disable Macrovision.

      When I first hooked it up, I found that I could not even view video piped through the VCR, whether it was recording or not. Just the way I had arranged the cables. The only solution offered by the vendor was a $100 "filter" that would basically counter the Macrovision. (WTF?).

      So I shut it off on the DVD player.

      Later on, I got a TV that accepted multiple video inputs, so I didn't need to pipe my DVD player through the VCR anymore.

      In the 4 or so years since I bought the DVD player and disabled Macrovision, I have NEVER ONCE even been tempted to think about taping a DVD. Why would someone want to tape a DVD? Only reason I use the VCR for is for playback of my legacy video library.

      --

      These are my friends, See how they glisten. See this one shine, how he smiles in the light.
    34. Re:Just annoyances anyway... by Anonymous Coward · · Score: 0

      Stu,

      It's really unfortunate that you think that you know what you're talking about when it is blatantly obvious that you haven't the faintest idea about anything that is going on around you.

      The Masterlock was in use and could be cut with a third party tool. The Masterlock was meant to keep theft from occuring yet it is too weak for some intrusion techniques (ie bolt cutters and torches).

      Because the SLAA knew that the Masterlock was vunerable to this type of attack based on previous knowledge attained over two years before they used that technology anyway. Even with this previous knowledge they still think that they should be entitled to retribution due to their own fault.

      In the future please do not be a fucking moron when replying to an intelligent post. It makes you look incredibly retarded and worthless.

      You may now crawl back into your mother's basement and remain there with sublimedirectory.com awaiting your command.

      Loser.

    35. Re:Just annoyances anyway... by ad0gg · · Score: 1

      Wow thats what was happening! I bought my girlfriend a dvd player for her bedroom which has tv/vcr combo and didn't work. I thought it was the tv and I actually went and bought her a new tv. I knew something was weird since the video out on my digital camera worked but the dvd player didn't. I'm sure glad MPAA is looking out for me.

      --

      Have you ever been to a turkish prison?

    36. Re:Just annoyances anyway... by danb35 · · Score: 1
      You've been duped if you think that you can breach a contract after you've signed on the dotted line simply because it's easier to do so.
      But of course you can! You'll just have to pay up. Only in rare cases (most commonly involving the sale of real estate) will you actually be ordered to perform your part of the contract. If the contract's provisions are such that it'd be "easier" (or cheaper, or whatever) to breach and pay the damages than to perform, you're not only permitted, but encouraged, to breach.
    37. Re:Just annoyances anyway... by Anonymous Coward · · Score: 0

      Next on the Government's list: Thought crimes. Don't laugh, it's called the INDUCE ACT.

      I thought it was called "hate crimes" myself.

    38. Re:Just annoyances anyway... by ArsonSmith · · Score: 1

      wow a one word +5 comment, I think I've reached a new karma whoreing status :) yea me.

      --
      Paying taxes to buy civilization is like paying a hooker to buy love.
    39. Re:Just annoyances anyway... by Anonymous Coward · · Score: 0

      Yes, but it is illegal for anyone to sell you "boltcutters" or tell you how to make them yourself.

    40. Re:Just annoyances anyway... by Resident+Geek · · Score: 1
      Your analogy is BS. While a corporation does not have a "right" to make a profit, to use your words, it does have a right to regulate and control access to its 'property" just as the private citizen has a "right" to put a paddle lock on his shed and expect others to stay out.

      The problem with your statement is that what corporations perceive as property isn't, in fact, such.

      The fundamental debate here is whether you can decide that ideas are your own, and that you can control whether someone uses those ideas with or without your permission. Ideas, however, are not easily likened to physical property. You can easily deal with physical property theft because of the concept of scarcity--you have deprived a person of something they had, whether it be the contents of their shed or the items off their storefront shelves. However, when you "steal" (read: use) someone else's idea, the original "owner" has lost nothing but an opportunity, namely, the fact that others don't know how something works and the ability to leverage that knowledge for profit. When that knowledge is used to harm others, courts usually rule such an act as "blackmail".

      Copyright is the control of reproduction of an idea made manifest: when an artist makes a painting on canvas, he has a right to control its reproduction and consequent sale. When an engineering company makes a certain chip, it has the right to control its reproduction and manufacture and redistribution. When a movie studio makes a movie, it has the right to control its reproduction and consequent sale. This is fine. However, once you throw something out there into the public, you lose all means of controlling its use, except by agreement. This agreement, as far as the MPAA is concerned, comes in the form of licensing its playback technology to other companies. But when resourceful individuals are able to acheive playback of their paid-for media without licensing through the company and without stealing company equipment (e.g., physical playback technology), no harm has been done, except to the company's business model. Boo fucking hoo.

      Funny you agree that breaking and entry where it comes to the private citizen's right to protect his personal property is a crime, but stealing from the company by depriving them of the income they get through the limited license they provide when selling DVDs is OK.

      Repeat after me: an opportunity is not a reality. The company's profit's are not actualized by the existence of the idea; they are actualized by its use. If the company can't find a way to make a profit on the idea without blackmailing others (in this instance, Linux users and manufacturers who would sell to Linux users) into agreeing to not use it, it has not been robbed; it has simply failed to make a profit. This is only a crime in a capitalistic economy, and the consequences are meted out by the market.

      Allow me to point out that the MPAA's copyright measures thus far are not inhibiting the reproduction of its artists' property; they're inhibiting its playback. The ball is in the company's court to prevent reproduction and redistribution. The ball is NOT in the US government's court to limit its citizens' actions in using something they own by any means they see fit, given the definition of theft and property.

      Guess it is really just a matter of who's ox is being gored, isn't it? FYI, the corporation has precisely the same rights to its property as you, a private citizen, have to yours.

      Correct. And when someone breaks into the MPAA's offices and steals the computers, desks, chairs, staplers, watercoolers, carpet, wall hangings, potted plants, overhead lamps, power strips, filing cabinets, stocks of presed DVDs, CDs, tapes, laserdisks, MV chips, digital archives of media, etc., they have a case.

      If a company breaks an agreement not to sell a playback prevention mechanism to others who haven't made such an agreement, as is the case here, the obviousness of the flaw in the MPAA's business

      --
      Fighting the War on the War on Drugs.
      http://smokedot.org/
    41. Re:Just annoyances anyway... by Resident+Geek · · Score: 1

      I think your issue here is that "the law is the law" and there's no consideration of whether the law itself (or a contract, in the case of the article) is valid. The problem with law and contracts, though, is that whether or not they're valid, a company with as much money as the MPAA can enforce them. This is known as "might makes right". I can only presume that you're completely in favor of the Baathist party's tactics in controlling the Iraqi government; after all, they could. Similarly North Korea's governments. Or the former Taliban regime. After all, they have [had] better weapons and means of enforcing the law.

      --
      Fighting the War on the War on Drugs.
      http://smokedot.org/
    42. Re:Just annoyances anyway... by Anonymous Coward · · Score: 0

      You're right, the article isn't addressing that issue. However, it is the root cause for them to have such a ridiculous agreement with the manufacturers.

    43. Re:Just annoyances anyway... by Trekologer · · Score: 1

      Actually, the TV doesn't know anything about activating Macrovision. It doesn't know anything. It doesn't think. It just turns on.

      Macrovision isn't some sort of technological breakthrough. It is an exploit of a flaw in how VCRs work compared to how TVs work. The gain function of a TV is designed expecting that the signal that it will receive isn't going to be perfect; it "expects" that there will be static and such in the signal. VCRs are different; it "expects" that the tape will provide a signal that isn't filled with static and such so Macrovision exploits this difference, causing the sound and picture to become undesirable to listen to and watch.

      If you hook your DVD player directly up to a TV, everything will be fine. If you hook it up through a VCR, the VCRs gain will kill the signal.

    44. Re:Just annoyances anyway... by ConceptJunkie · · Score: 1

      I didn't vote for the DMCA, which stomps all over Fair Use. There's no one to prevent Congress from passing contradictory laws. After all, they been ignoring many parts of the Constitution for 140 years, and most of it for the last 30.

      --
      You are in a maze of twisty little passages, all alike.
    45. Re:Just annoyances anyway... by greed · · Score: 1
      This is no longer a 'flaw', it is now part of the way VCRs and TVs are made. You're right about the automatic gain control, but it is the SPEED of AGC that makes Macrovision work.

      Macrovision works by screwing with the signal levels in the overscan region at the top of the picture. It will make the signal much, much stronger than it should be--including the sync.

      Typically, TVs would have a 'fast' AGC, fast enough to adjust the picture gain on a line-by-line basis (effectively, calibrating off the horizontal sync pulse on each line). So when they get to the visible part of the screen, the signal is back to normal, and the picture is fine.

      And also typically, most VCRs would have a 'slow' AGC--the gain for the entire field (or even frame) is set by averaging the previous frame.

      Now, not all video displays and VCRs work this way. My family's old TV had a slowish fast-AGC--and dodgy horizontal sync. If you played a Macrovisioned tape on it, the top of the picture would go wobbly. (Brightness was OK.) I've got several old Amiga monitors hooked up to DVD players around the house, and they have slowish AGC; the picture fades in and out when Macrovision is on.

      And, more usefully, I have an old Panasonic PV-4780 VCR, from back when Hi-Fi Stereo was new--ca. 1987. It has fast AGC, and makes a beautiful, crisp copy of ANYTHING. And I finally got around to replacing the drive belts so it doesn't chew tapes anymore... except that I don't use VHS anymore; fixing the machine was a "principle of the thing" kind of thing.

      Nowadays, most VCRs have Macrovision detection circuits, which scramble the picture even more than the slow AGC would.

    46. Re:Just annoyances anyway... by abb3w · · Score: 1
      But it should be news that security features prevent people from doing things they are legally entitled to do.

      OK, then, News Flash: I've locked my keys in my car and can't get in, dammit.

      Fortunately, here at the library there's a free machine I can read /. at until the tow truck guy gets here with his window jimmy.

      --
      //Information does not want to be free; it wants to breed.
  6. Insane. Absolutely Insane. by scifience · · Score: 5, Insightful

    Are you saying that now we can, for example, sue Ford because they produced the car that was purchased by a drunken driver who killed someone?

    A book publisher can sue Xerox because one of their copy machines was purchased for the purpose of making illegal copies of books?

    A camera maker? Companies that make pens?

  7. Of course by StevenHenderson · · Score: 4, Insightful

    that produce non-approved DVD players

    Of course...because approved piracy/ region modding is okay, but heaven forbid it be done without approval? ...or something?

  8. looks like a Slashdot editor wrote this article by morton2002 · · Score: 5, Funny

    Oh dear god, how could a Reuters article make such a stupid mistake?

    "...which claims its members loose billions of dollars annually to copyright piracy".

    *Sigh*

    1. Re:looks like a Slashdot editor wrote this article by Lost+Race · · Score: 1
      I think they just printed verbatim an MPAA press release, typos, speculative nonsense and all.

      "The CSS license pact has aided the success of DVDs because it has provided protection against illegal copying..."

      "The MPAA, recognizing the damage the advent of digital file-sharing did to the music industry, ..."

    2. Re:looks like a Slashdot editor wrote this article by Anonymous Coward · · Score: 1, Funny

      They're getting their stories ready for slashdot syndication, obviously.

    3. Re:looks like a Slashdot editor wrote this article by flakac · · Score: 1

      Uh, don't know which planet you're from, but when was the last time that you read an article on an on-line news server (CNN, MSNBC, Reuters, etc.) that didn't have at least one glaring spelling or grammatical error?

    4. Re:looks like a Slashdot editor wrote this article by RockofSisyphus · · Score: 1

      Or how about: "The CSS license pact has aided the success of DVDs because it has provided protection against illegal copying to copyright owners of movies, television shows and other content sold on DVD." How many copies to the copyright owners really want/need?

    5. Re:looks like a Slashdot editor wrote this article by Anonymous Coward · · Score: 0

      I'd like someone to loose a billion dollars to me every year...I'll take all of the loose billion dollars I can get.

    6. Re:looks like a Slashdot editor wrote this article by Jens_UK · · Score: 1

      That's not a typo - that's their copyright protection device. If another article has the same spelling error, then they know it was copied from them.

    7. Re:looks like a Slashdot editor wrote this article by melandy · · Score: 1

      Reminds me of Mahjongg on my Zaurus...

      "You loose!"

    8. Re:looks like a Slashdot editor wrote this article by jafac · · Score: 1

      Damn left-wing pinko media.

      --

      These are my friends, See how they glisten. See this one shine, how he smiles in the light.
    9. Re:looks like a Slashdot editor wrote this article by Anonymous Coward · · Score: 0

      So if you repost the article, and remove the extra 'o', you've just violated the DMCA?

      That is more silly than the whole Sharpie deal.

      (and yes, I know, +1 Funny. I was going for that here too, for all the dense motherfuckers out there)

    10. Re:looks like a Slashdot editor wrote this article by Anonymous Coward · · Score: 0

      Smithers! Lose the hounds!

      *cough*

    11. Re:looks like a Slashdot editor wrote this article by OeLeWaPpErKe · · Score: 1

      that's not the mistake

      "...which claims its members loose billions of dollars annually to copyright piracy".

      here is the realistic version

      "...which claims its members loose tens of dollars annually to copyright piracy".

    12. Re:looks like a Slashdot editor wrote this article by zooblethorpe · · Score: 1
      "...which claims its members loose billions of dollars annually to copyright piracy"

      Actually, they left out the word "set," as in "...which claims its members set loose billions of dollars annually to copyright piracy," for as we all know, the MPAA would love to copyright piracy, as then they would be the only ones who could legally pirate. It's what they've been working on for a long time now, with their never-ending copyright and worldwide price fixing. What better life than to sit back and have the profits flow in, without having to actually produce anything? Just live on your laurels for the rest of all time.

      --
      "What in the name of Fats Waller is that?"
      "A four-foot prune."
  9. Absurdity and Orwellianism by FunWithHeadlines · · Score: 5, Insightful
    The headline of the article screams "Piracy" and there is this quote:

    "The MPAA said the suits against Sigma Designs Inc. and MediaTek Inc. followed testing that it said proved the two were selling microchips to companies, whose DVD players lack what the MPAA called "appropriate security features."

    What rubbish! If you want to be a "pirate" (and let's call it something else, please), you can copy a DVD any time you want. Just do a bit-by-bit copy, and voila! A copied DVD. These manufacturers do not enable theft in any way.

    And what's with all this Orwellian "piracy" anyway? Those manufacturers don't conform to the precise specs the industry wants, so off with their heads? How about what the consumer wants? Oh, right, we don't count.

    1. Re:Absurdity and Orwellianism by Scanline · · Score: 5, Informative

      What rubbish! If you want to be a "pirate" (and let's call it something else, please), you can copy a DVD any time you want. Just do a bit-by-bit copy, and voila! A copied DVD. These manufacturers do not enable theft in any way.

      I you're talking about copying to a DVD-R, a bit-by-bit copy would produce an unplayable DVD. The CSS key is pre-recorded and thus the copy can't be decrypted.

      --
      "But I'm still like a little kid, see?
      I just don't know when to quit."
      - Rei
    2. Re:Absurdity and Orwellianism by attam · · Score: 2, Informative

      bit by bit copies do not work for dvd movies... the data is encrypted. one must decode the .VOB (video object) files using the CSS key first, then rewrite them onto new media.

    3. Re:Absurdity and Orwellianism by squiggleslash · · Score: 3, Insightful
      If you're copying to a DVD-R, then you have various options, not the least of which is to bypass CSS given the information as to what it is has been public domain for several years, and several programs now exist that use that information to decrypt it.

      I guess the MPAA should have said "The CSS would have protected DVDs against copying if it wasn't for those meddlin' kids and their dog, though there hasn't been massive illegal copying, so what was our point again?"

      --
      You are not alone. This is not normal. None of this is normal.
    4. Re:Absurdity and Orwellianism by black+mariah · · Score: 0, Flamebait
      I know I'm breaking the oath laid forth in my sig... but fuck it. It's a sig.

      Those manufacturers don't conform to the precise specs the industry wants, so off with their heads? How about what the consumer wants? Oh, right, we don't count.
      You're right. You don't. You don't fucking matter in this dispute one tiny fucking bit. This is a contract dispute. Nothing more. Nothing less. Shit like this happens a dozen fucking times a day, only now it's something that the average dorkass Slashdotter cares about. No, goddammit, I'm not going to call it something else. I'm fucking sick of morons like you being pedantic cuntrags when it comes to the term 'piracy'. In case you don't fucking know, a word can have more than one goddamned meaning you fucking idiot. Then again, most Slashdotters are so fucking uptight I'd be surprised if they could parse the same sentence two different ways.
      --
      'Standards' in computing only impress those who are impressed by things like 'standards'.
    5. Re:Absurdity and Orwellianism by Anonymous Coward · · Score: 0

      Arrrrrrrrrr Batten down the hatches, we'll shoot some DeCSS across their bows. Yo Ho Ho and a spindle of DVD-r. :)

    6. Re:Absurdity and Orwellianism by Anonymous Coward · · Score: 0

      Just because you don't know how to make accurate bit-by-bit copies, doesn't mean they don't work. Pirates have been pumping out profesional quality DVD's that are bit for bit copies for years.

    7. Re:Absurdity and Orwellianism by maximilln · · Score: 1

      And what's with all this Orwellian "piracy" anyway

      I'd like to know as well. If I sell a product to a person and that person uses that product in a fashion that I hadn't expected which renders my product obsolete, why is that the fault of the consumer? I, as the vendor, should have done my market research ahead of time and then charged an appropriate price to ensure my profit.

      Let's face it. The big government and big industry conglomerates know that they're running an operation of greed. The only way that they can swing public opinion in their favor is to resort to childish name-calling.

      The big movie industry needs to grow up. If it feels that it's not profiting fairly from the sale of DVDs it should raise the price. There is no secret that some people will copy the DVDs. There is no secret about how easy it is to copy the DVDs. There is no secret about how easy it is to distribute the DVD. Rather than turn customers into criminals perhaps the big industry should heed its own market research.

      --
      +++ATHZ 99:5:80
    8. Re:Absurdity and Orwellianism by Anonymous Coward · · Score: 0

      I guess you forgot that before there was DVD-R, there was DVD recorders for the authoring market. These in fact not only read the CSS keys, but can make perfect bit for bit copies. If you want, you can even hook them up in a DVD pressing plant and make a couple of thousand perfect copies - kind of like the chinese bootleg companies have been doing for years, even before there was such a thing as DeCSS. CSS encryption itself was never really a copy-protection feature, but instead meant to protect the playback restrictions of the player.

      As a side note, did anyone else find it amusing how Reuters claimed CSS had aided the success of DVDs? If anything, I'd say DeCSS has done that instead :).

    9. Re:Absurdity and Orwellianism by hypertex · · Score: 1

      From an old /. post; does it actually work? I haven't tried this:

      "... hmmm I wonder how that works. I've had no trouble on my mac ever copying cd's. I usually just use cat. As in cat /dev/disk1 >> /User/..../file.iso ( i usually umount the cd first though). and then burn the iso. Has worked every time for me. I do the same thing with dvds, but the macrovision kicks in if i just use the dvd player that comes with osx. so i just use mplayer, which handles it fine."

    10. Re:Absurdity and Orwellianism by weeboo0104 · · Score: 2, Funny

      If you were going to pirate a DVD, wouldn't you copy it to a DVD-ARRRRRRR.

      --
      It is easier to build strong children than to repair broken men. -Frederick Douglass
    11. Re:Absurdity and Orwellianism by Alsee · · Score: 1

      I you're talking about copying to a DVD-R, a bit-by-bit copy would produce an unplayable DVD.

      Only if you have a crippled DVD-R(g) burner and disks. If you have DVD-R(a) burner and disks then you can make a perfect bit-by-bit copy, CSS keys and all. You can pick them up on eBay.

      The (g) stands for 'general' and the (a) stands for 'authoring'. It was an industry conspiracy to impose the crippled (g) products on the public.
      The (a) versions are more expensive, but only because very few are produced. (g) versions are dirt cheap because of of mass production efficencies of cranking them out by the millions.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    12. Re:Absurdity and Orwellianism by takev · · Score: 1

      Yes, but we are not talking about DVD-R, real pirates wouldn't make DVD-R's because it takes to much time to make.

      No, they make glass masters and press all the DVDs, much cheaper, plus you can make a bit for bit copy.

    13. Re:Absurdity and Orwellianism by attam · · Score: 1

      i know how to copy a dvd... i am just saying, you cannot do it using something like dd.

  10. Journalism: Not just for the impartial! by calypso15 · · Score: 0

    The MPAA, recognizing the damage the advent of digital file-sharing did to the music industry, has waged an aggressive campaign against movie piracy.

    Also: MPAA provides some actual proof of damages. Next on Fantasy News Network.

  11. Everybody always remember by Anonymous Coward · · Score: 5, Funny

    Guns: Sacred and necessary

    Devices which inadvertently allow consumers to exercise fair use rights: Dangerous and damaging

    1. Re:Everybody always remember by tallman68 · · Score: 1

      Must be the after lunch lull, but I read this as guns are the only way to protect or fair use rights.

    2. Re:Everybody always remember by Anonymous Coward · · Score: 0, Troll

      yeah, it's a shame that Americans are such pussies.

      whenever some regulation comes out e.g. mentally unbalanced people not allowed to buy grenade launchers, they bitch till blue in the face about how it's their right to own them and they need them to protect their rights.

      well put up or shut up. your rights are being taken away bit by bit and you're all to chicken-shit to do anything about it.

      seems to confirm the theory that you only want guns cos you have small dicks and couldn't care less about rights.

    3. Re:Everybody always remember by justkarl · · Score: 1

      From the genius film Bowling for Columbine:

      "Love my gun....Love my gun."

    4. Re:Everybody always remember by joelt49 · · Score: 2, Insightful

      Insightful? WTF? The parent post is a flat-out troll posted by an AC and nothing more. You talk about our rights being taken away, and yet you forget about the right to "have and bear arms." The "right" to watch movies isn't in the Constitution, the 2nd amendment is. Furthermore, if armed insurrection becomes necessary to prevent tyranny (god forbid), what are you going to do? Show the government Region 2 DVD's on your Region 1 DVD player? Sorry, that won't work. I agree that the MPAA is being a bunch of bastards. However, it's their right to do so. Nobody is forcing them to distribute DVD's. They are doing so of their own free will, influenced mainly by their desire to make money. Since they don't HAVE to sell you movies, they have the right to distribute them under any terms they want. If that includes the concept of regions, so be it. It may be onerous, but it's their right to do so. In this respect, we don't have as many rights as the parent would like to believe. We have the right to purchase the DVD's on the MPAA's terms, or we have the right not to. If you don't like the concept of Regioning and CSS, then DON'T BUY THE F'ING DVD'S. Plain and simple. We DO NOT have the right to purchase them on our own terms; we do not have the right to copy them freely.

    5. Re:Everybody always remember by Ungrounded+Lightning · · Score: 4, Insightful

      Guns: Sacred and necessary.

      I know you were being facetious. But yes they are.

      "God created men. Sam Colt made them equal."

      Disarming the law-abiding doesn't solve the crime problem.

      Even if you lived in a fantasy universe where you could de-gun everybody including the crooks, there are arrows, swords, spears, clubs, sling, rocks, ...

      And if you managed to disarm everybody and everything, would you have stopped crime and violence? Absolutely not. You'd just have put everybody at the mercy of the strongest bullies. Kiss civilization goodby - it's back to feudialism, or worse.

      What guns do is make it possible for anyone, strong or weak, young or old, male or female, black, white, yellow, or brown, to be about equally deadly - with minimal expense and a few hours of training.

      The net result is a massive and sustained reduction in violence. The good guys were never a problem. The bad guys mostly learn to stop attacking the good guys (and stick to stealing their stuff when they're not there to watch). The few who insist on attacking an armed population repeatedly are soon wounded and taken "out of service".

      And on the political level, the government with an armed population is much less able to oppress it.

      A vote for citizen disarmament is a vote for violent crime, tyranny, genocide, and the rule of psychpathic strongmen - at both the wholesale and retail level.

      --
      Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
    6. Re:Everybody always remember by starrsoft · · Score: 1

      Also remember that the right to bear "region free dvd players" is not in the Constitution.

      --
      Read my blog: HansMast.com
    7. Re:Everybody always remember by radish · · Score: 0

      The net result is a massive and sustained reduction in violence

      Pardon? I'm sorry, but published crime statistics do not agree with that at all. The USA has some of the highest levels of violent crime in the world, and is one of the few western countries in which firearms are routinely available to regular people. Now I'm not saying that there is a proven causal link there (although I personally believe there is) but to say that having guns leads to a "massive and sustained" decrease is quite unbelieveable.

      Stats:

      USA is 8th in the world for gun murders

      USA is 24th in the world for murder of all kinds (better!)

      USA is number 5 in the world for assualts

      For all of the above stats, compare the position of the USA to other countries in a similar economic situation but without common firearms, such as the UK, Germany, Japan (I don't believe they have widespread guns). I don't think you'll see any evidence for your massive decrease.

      Even if you lived in a fantasy universe where you could de-gun everybody including the crooks, there are arrows, swords, spears, clubs, sling, rocks, ...


      The point is that it's much harder to kill someone with a sling than a gun. If something is harder to do, it's (a) less likely to happen by accident and (b) less likely to happen at all. If you took away the guns, less people would die - simple. Maybe more people would get hit over the head with rocks (though I don't see that happening) but if that saved lives, so be it.


      And if you managed to disarm everybody and everything, would you have stopped crime and violence? Absolutely not. You'd just have put everybody at the mercy of the strongest bullies. Kiss civilization goodby - it's back to feudialism, or worse.


      Do you have any actual real world evidence for this conjecture? Because I have many examples (as noted above) which contradict you.

      --

      ---- Den ene knappen er powerknapp, den andre er Bender voice knapp "Bite My Shiny Metal Ass"

    8. Re:Everybody always remember by Anonymous Coward · · Score: 0

      Which is worse: Feudialism or Corporatism?

      Or are they really just the same thing delivered in different gift wrapping?

    9. Re:Everybody always remember by Anonymous Coward · · Score: 0

      "The net result is a massive and sustained reduction in violence."

      Oh, yes, of course... widespread gun ownership has made the US a very peaceful place. Low homicide rate, very few crimes...

      Of course, if guns really were so great at reducing violence, then violence would be less of a problem, and nobody would need guns. Then guns would disappear.

      That hasn't happened, of course, because guns make you less safe, and increase the violence that any one person can commit. Gun owners are equal, in the sense that they're all about equally good at killing their fellow citizens, whether in the commission of a crime, a moment of anger, or unintentionally.

      I guess it shows that Americans are just plain dumb.

    10. Re:Everybody always remember by Anonymous Coward · · Score: 0

      And on the political level, the government with an armed population is much less able to oppress it.

      Yeah, right... a government which expends more than 600 bn dollars each year in "defense" cannot possibly have the ability to oppress its gun-armed population. Dude, check out your world history books...

    11. Re:Everybody always remember by darnok · · Score: 1

      Your post reads like the transcript of a NRA meeting.

      The logical conclusions from your post are:
      - because the US has citizens with guns, crime and violence is decreased
      - any country that doesn't give guns to their citizens is doomed to be run by big bad bullies ("Kiss civilization goodby - it's back to feudialism, or worse")

      How does this fit with real life, where crime and violence in the US is significantly higher (by any reasonable, objective measure) than in many other countries where the citizens are not armed?

      Countries such as England, Australia, France, Singapore and Japan are not uncivilized, nor are they run by bandit warlords as your post suggests should be the case.

    12. Re:Everybody always remember by Anonymous Coward · · Score: 0

      Actually, Australia *is* a violent, uncivilised place. Good grief, dingos are eating babies! Is that the sort of thing that happens in a civilised country?

      And what about Yahoo Serious, one of Australia's greatest living movie auteurs? And Paul Hogan, who looks set to be elected Australia's first president in 2005?

      Australia civilised? Bah!

      However, as you say, it isn't governed by bandit warlords... just a short, selfish little prick who likes to suck off his pal, Dubya.

    13. Re:Everybody always remember by joelt49 · · Score: 1

      All Right, I'll respond to the two replies.

      To the first reply, I stated that we don't have the right to copy them freely. You're missing the whole point. The government mandates that the MPAA give us certain rights, including the right of review. However, we don't have the right to copy the movie freely; however, we do have the right to "copy" it in certain forms.

      To the second reply:
      YOU seem to have missed the original intent of the grandparent. He's saying that we're whining about our right to bear arms, which he/she doesn't seem to think we have a right to do. Instead, the grandparent is saying that our intentions are mis-directed. Granted, the weapons we're allowed to buy now are nothing compared to what the military has. However, a shotgun in the hands of the right person, at the right place, at the right time, can do some real damage to the government.

      Granted, our rights are being eroded. It has been hapenning ever since the constitution was first written. All we can do is fight for our rights.

    14. Re:Everybody always remember by Anonymous Coward · · Score: 0

      ...not uncivilized, nor are they run by bandit warlords... ...yet!

    15. Re:Everybody always remember by Anonymous Coward · · Score: 1, Interesting

      For all of the above stats, compare the position of the USA to other countries in a similar economic situation but without common firearms, such as the UK, Germany, Japan (I don't believe they have widespread guns). I don't think you'll see any evidence for your massive decrease.

      The US has only an order of magnitude more murders than the UK or Germany for instance. But gun deaths are at least two orders of magnitude more likely in the US. If all guns went away, the US would *still* have a higher crime rate, and it is likely that many gun deaths would turn into stabbing/beating deaths.

      Not to mention that the UK has an abysmal assault rate only a few percent lower than the US.

      On the other hand, burglaries are much higher in European nations with gun control than in the US. I don't suppose that means that guns have a deterrant on thefts, does it? If you knew you could walk into any shop, take what you want, and leave, would you do it? How about if some nutty American might blow your head off if you tried it?

      The fact is, gun control has almost no effect on violent crimes, but increases lesser crimes.

      The point is that it's much harder to kill someone with a sling than a gun. If something is harder to do, it's (a) less likely to happen by accident and (b) less likely to happen at all. If you took away the guns, less people would die - simple. Maybe more people would get hit over the head with rocks (though I don't see that happening) but if that saved lives, so be it.

      Yes, and sports cars probably kill more people than guns do. And sports cars (as opposed to other cars) have even less utility than guns (as opposed to other weapons or tools). But you don't see a rush to ban them. The point is that you can save more lives by focusing on deadlier things. Compared to disease, drowning, car accidents, and other ills, guns are a minor annoyance. The cost of removing every single gun in the country and enforcing a strict ban would be comparable to the current drug war, but worse, because legal guns currently exist. How many lives do you suppose might be lost as extremists fought to keep their guns? What if it started small civil wars? Would the cost of life be worth it to ban them?

      Do you have any actual real world evidence for this conjecture? Because I have many examples (as noted above) which contradict you.

      Washington D.C has some of the worst crime in the US despite very strict gun control (as well as being the capitol, for crying out loud. You'd expect better). In general, highly populated cities are where violent crime occurs. Most highly populated cities have stricter gun control than rural areas. This leads one to believe that violent crime is necessarily a social problem of some kind, not a gun problem.

    16. Re:Everybody always remember by Anonymous Coward · · Score: 0

      Uhh.. Japan.. bandit warlords?

      Are you so sure?

      Yakuza?

    17. Re:Everybody always remember by Anonymous Coward · · Score: 1, Insightful

      I'm suprised people rarely bring up Canada in this arguement. They have higher per capita gun ownership rate than the USA yet check out the violent crime statistics.

      USA 26% of violent crimes involved guns.
      Canada 3% of violent crimes involved guns.
      (2001)

      Also look at the growth rate of violent crime in England and Wales vs the USA. (I'll give you a hint, it's lower in the USA)

      I for one am happy that all these countries are passing these ridiculous gun control laws as they provide good crime statistics that exactly show that gun control does not in fact help reduce crime but in fact appears to lead to an increase in crime (especially in robbery rates)

    18. Re:Everybody always remember by tehdaemon · · Score: 1
      Patrick Henry : "Give me liberty or give me, .. ummmm, safety?"

      Oh, wait...

      The last part especially,

      "Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery? Forbid it, Almighty God! I know not what course others may take; but as for me, give me liberty or give me death!"

      --
      Laws are horrible moral guides, moral guides make even worse laws.
    19. Re:Everybody always remember by Ungrounded+Lightning · · Score: 1

      The net result is a massive and sustained reduction in violence

      Pardon? I'm sorry, but published crime statistics do not agree with that at all.


      Actually, they do, as does quite a bunch of research. You're just misinterpreting some datapoints - or having the misinterpretations fed to you.

      Let me explain, by giving you only a part of the reason these items don't say what you think.

      The USA has some of the highest levels of violent crime in the world, and is one of the few western countries in which firearms are routinely available to regular people.

      First off, that's flat-out false.

      The USA does have higher crime than some cultures. But that is because it allows massive immigration from other, more violent cultures, and doesn't require the immigrants to abandon their heritage.

      Nevertheless, crimes tend to be committed within each ethnic group far more than between members of different groups, which makes it easy to break it down. When you do this you find:
      - Americans of English descent have a lower probability of being injured or killed by criminal violence than Englishmen in England.
      - Americans of African descent have a lower probability of being injured or killed by criminal violence than Africans.
      - Ditto for Americans of Japanese descent vs. Japanese in Japan.
      - Ditto for Americans of other European descent vs. those still in Europe.
      - Ditto for Americans of South American descent than South Americans.
      And so on.

      But it's cultural, not racial. For instance Blacks who have achieved middle class or higher income and acculturation have about the same rates as Whites of the same standing, not the sky-high rates of lower-income Blacks.

      And that's just for criminal activity. It doesn't even TOUCH the much higher body counts for the periodic tribal wars of Europe, Eurasia, Asia, Africa, etc.

      Then there's the point that gun laws and their enforcement vary by state and city. And violence is enormously higher in those regions where gun ownership and carrying is suppressed than in those where it is allowed or encouraged.

      Now I'm not saying that there is a proven causal link there (although I personally believe there is) but to say that having guns leads to a "massive and sustained" decrease is quite unbelieveable.

      But there IS a causual link, and it DOES go from more guns to less crime. For a long time it was an open question whether citizen armament suppressed crime or whether high crime led to passage of gun bans. But then a few states began allowing concealed carry by all non-criminals who applied (and went through whatever red tape was required). The bloodbaths predicted by the hysterics failed to appear, and crime dropped like a rock - leading more jurisdictions to try it. Then the academics researched this unintended controlled experiment and found that the only explanation for the numbers was causality, and it was strong. More guns, less crime.

      USA is 8th in the world for gun murders

      So it's worse to shoot someone than club them to death, cut them up, strangle them, run them down, or beat them to death by hand? No, I don't think so.

      (I, for one would rather be attacked by a crookie with a gun than in any other mode. On the average I'd be far less likely to be actually wounded, suffer less pain if I WAS wounded, be less likely to die, and if I survived wounding to make a more complete recovery.)

      USA is 24th in the world for murder of all kinds (better!)

      Much better comparison. But try breaking it down by ethnic group.

      Also: different countries count things differently:

      US counts a murder when the police find a body with signs of foul play. England counts one when they get a conviction.

      If a man kills his wife, three, kids, and himself, the US counts four murders and a suicide, Japan five suicides.

      USA is number 5 in the world for assualts

      And v

      --
      Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
    20. Re:Everybody always remember by Tiro · · Score: 1
      I would say that socioeconomically and geopolitically, rifle-toting militiamen in highland regions of the US are similar to people who live in places like Chechnya or the Balkans. All three groups did okay at resisting state/imperial power until recently, but you are making absurd claims.

      Just tell some little girl in Chechnya that guns have resulted in "massive and sustained reduction in violence" there. Russia has not given up, will not give up, nor can it give up because if Chechnya falls then so will larger chunks of the "empire".

      Yes, social science tells us that cheap effective weapons promote democracy--weapons proliferation let to the downfall of the nineteench-century empires. But please, be serious before you make claims that are so self-assured but unjustifiable. And please don't point frantically at Switzerland.

    21. Re:Everybody always remember by meringuoid · · Score: 1
      "God created men. Sam Colt made them equal."

      You should probably update that one. Mankind's equality is now guaranteed by Mikhail Kalashnikov. Just about everyone has an AK-47, and rogue states with imperialistic ambitions are finding things rather difficult as a direct result of this fact.

      --
      Real Daleks don't climb stairs - they level the building.
  12. MPAA by awhelan · · Score: 0

    Sigma and MediaTek make chips to decode the Content Scramble System, or CSS, which is the copy-protection system used for DVDs. Their licenses require that they sell only to other CSS-licensed companies.

    The lawsuits really infuriate me, but as long as the DMCA is still around anyone who messes with CSS while tinkering is technically breakind the law, so it's not really a surprise.

    1. Re:MPAA by Uzik2 · · Score: 1

      Perhaps we can donate to the EFF or start
      a class action suit against them. Any proceeds
      could then be donated to the companies they
      sued in the first place ;)

      --
      -- Programming with boost is like building a house with lego. It's a cool but I wouldn't want to live in it
  13. Where's this proof? by Launch · · Score: 5, Insightful

    "The MPAA, recognizing the damage the advent of digital file-sharing did to the music industry, has waged an aggressive campaign against movie piracy."

    I still haven't seen a single piece of documentation that can dirrectly link a damage to the music industry as a result (even in part) by file-sharing.

    --
    Your mammas flamebait.
    1. Re:Where's this proof? by happyfrogcow · · Score: 1

      Have you *listended* to the tripe being put out by the major record labels?! that itself is indication, nay, documentation of the destruction wrought by digital file sharing!

      I wish the MPAA and RIAA would sue my eyes and ears and confiscate them from my body so would no longer have to put up with their Art.

    2. Re:Where's this proof? by Nukenbar2 · · Score: 0
      I used to buy about 1 CD a month before I found MP3's in 1996.

      Since then, I have bought a total of about 4.

    3. Re:Where's this proof? by Launch · · Score: 1

      yeah, I totally believe that. There are a bunch of people out there like that, but that does not give the entire story. For each one of you that just rips mp3s off the net and never buy a CD how many out there discover new music, become more involved with music, buy more CDs, go to concerts, increase a band's image and hype (and marketing value), buy tee-shirts, etc etc... that is how you decide if filesharing hurts or benefits the music industry.

      --
      Your mammas flamebait.
  14. No it's not by abbamouse · · Score: 2, Informative

    If you live in America, it is indeed illegal to modify your own hardware in order to bypass copy protection or access controls on copyrighted works. Technically, if you take a Sharpie to the edge of a copy-protected CD to get it to play in your PC, you've committed a felony. Download a "crack" or no-cd "fix" for a game? Go to jail. Thank our friend the Digital Millenium Copyright Act, which prohibits any circumvention of copy protection or access controls -- and also makes it a crime to "traffic" in the technologies to do so.

    --
    Make cheese not war 8:)
    1. Re:No it's not by harmless_mammal · · Score: 4, Funny

      Yes, and if you live in Amerika as I do, then you are guilty of publishing information that describes how to bypass copy-protection measures. I believe that is also prohibited.

    2. Re:No it's not by abbamouse · · Score: 5, Interesting

      That part has never been tested in court. Actually, very little of the DMCA has been tested. If I recall, the only prosecution was that of Elcomsoft and they were acquitted. Would courts convict someone for giving a speech, writing a paper, or posting a mesage that informed people about how to bypass access controls? I suspect they wouldn't -- but until we know whether speech is considered a form of "trafficking" the chilling effect of the law will continue to be felt.

      --
      Make cheese not war 8:)
    3. Re:No it's not by slimyrubber · · Score: 3, Funny
      If you live in America, it is indeed illegal to modify your own hardware
      Hardware!? No shit. Its probably even illegal to modify your underpants to fit your crotch.
      --
      [ I can not bring myself to believe that if knowledge presents danger, the solution is ignorance ] -- Isaac Asimov
    4. Re:No it's not by Anonymous Coward · · Score: 0

      Exactly. So no matter how stupid the scheme, bypassing it is illegal. So...

      Why not take all that money spent developing copy protection schemes and put it into the software, then have a simple "Did you acquire this legally?" yes/no checkbox. Obviously clicking yes if you didn't buy it would bypass authentication, so they could sue you via DMCA anyway. Right?!

      -x

    5. Re:No it's not by Pharmboy · · Score: 1, Interesting

      check 2600.com and their lawsuit for LINKING to the source of DeCSS. They lost. New York Times did the same thing, but wasn't sued.

      --
      Tequila: It's not just for breakfast anymore!
    6. Re:No it's not by Overzeetop · · Score: 5, Informative

      No, it's not.

      1) Modifications you make yourself are NOT illegal under the DMCA.

      2) Distributing those modifications (parts or instructions) IS illegal.

      3) Making your modifications does not relieve you of the burden of copyright law.

      How did you get modded +5 informative?

      --
      Is it just my observation, or are there way too many stupid people in the world?
    7. Re:No it's not by mrjackson2000 · · Score: 1

      Download a "crack" or no-cd "fix" for a game? Go to jail no it is not. as long as you own the game. epic uses them inhouse, i talked to one of the devs for UT and he said as long as you own the game they dont care if you use a patch or not

    8. Re:No it's not by abbamouse · · Score: 3, Informative

      Try reading the law before you spout off about it. See Section 1201, which provides: "No person shall circumvent a technological measure that effectively controls access to a work protected under this title."

      The anti-trafficking provisions are in addition to the anti-circumvention provisions. See also any published analysis before pontification.

      --
      Make cheese not war 8:)
    9. Re:No it's not by kraut · · Score: 1

      But you gotta ask yourself, punk, do I feel lucky?

      I sure as hell wouldn't want to be the testcase!

      --
      no taxation without representation!
    10. Re:No it's not by Anonymous Coward · · Score: 0

      Well you don't set good precedents in your favor by sueing people who can properly defend themselves.

    11. Re:No it's not by phillymacmike · · Score: 1

      Once you open a can of lawyers, it's hard to get them back in the can.

      It's only a matter of time until anyone who puts up more than a few cracked games will be sued--probably by the Software Publishers Association--on behalf of Hasbro, Time Warner, Sony, Atari, Microsoft, etc.

      I'm sure some of the epic developers like cracks and some hate them and some don't care. But they aren't the ones making the decision to sue.

      The suits in the production studio--who put up the money for the game to be developed, and who publish and distribute it--are working very hard to stop copies being made.

      If it didn't matter to the studio if you made copies, there wouldn't BE any protection to crack.

      As a downloader, you're probably too small to go after, especially if you're just leeching. But if you share a bunch of cracked games, you're painting a target on your computer.

      If you get hit with a suit (bad pun intended), the developers in epic may feel sorry for you, but it won't help you at all.

      (SD: based on listening to lawyers and watching suits in action, if that's the right word. And no wisecracks about cracks....)

      --
      _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _>8
      Too many errors in one post (make fewer).
    12. Re:No it's not by Pharmboy · · Score: 1

      Well you don't set good precedents in your favor by sueing people who can properly defend themselves.

      I would disagree. You set great precedents, in your favor because you win. When quoting previous lawsuits that are similar (precedents) the amount of money the defendent spent on their defense is not mentioned.

      --
      Tequila: It's not just for breakfast anymore!
    13. Re:No it's not by Alsee · · Score: 1

      For starters the 2600 case was merely an injuction order, it was not a prosecution for violating the DMCA.

      Unfortunately in the 2600 case they declined to appeal it to the Supreme Court. They didn't want to risk a bad ruling simply because they had an unsympathetic defendant. Bad cases can lead to bad rulings.

      Note, as you said the New York Times had done the exact same thing as 2600. They DECLINED to bring a case against the NYT. Why? Because they didn't want the DMCA getting struck down as unconstitutional because of a good case involving a respected and sympathetic defendant. Exactly the same reason the RIAA made heroic efforts to block the Felton case from being heard in court - because was it likely would have been ruled unconstitutional.

      We've had the DMCA for about 6 years and there STILL has never been a single person convicted of circumvention crime or convicted distribution of "circumvention tools" crime.

      A law which has never actually convicted a criminal, a law which only serves a chilling effect, a law which can only survive through arbitrary enforcement, is a very very bad law.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    14. Re:No it's not by Alsee · · Score: 1

      I sure as hell wouldn't want to be the testcase!
      --
      no taxation without representation!


      What a sad combination. The emphatic exclamations points just drive home the irony.

      I have fantasies of being exactly that test case, though to be fair I would want to do it though a carefully crafted case of civil disobedience. I want to preform the descrambling purely mentally, illegally accessing the contents. I would stipulate to the essential facts of the crime and defy the Supreme Court to uphold a law imprisoning me for pure thoughtcrime.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    15. Re:No it's not by Alsee · · Score: 1

      However after making the modifications it is criminal to use it.

      Making your modifications does not relieve you of the burden of copyright law.

      So what? We are not talking about copyright infringment. The DMCA has nothing to do with copyright infringment. The DMCA makes it criminal to circumvent even for perfectly legitimate and legal purposes.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    16. Re:No it's not by Overzeetop · · Score: 1

      Actually, it specifically mentions fair use:

      from the DMCA:

      "Nothing in this section shall affect rights, remedies, limitations, or defenses to copyright infringement, including fair use, under this title."

      Though I'll admit it does not connect the dots explicitly, this paragraph would suggest that the prohibition on circumvention is not necessarily enforcible if it prevents or dimisihes the fair-use rights to the work.

      I'm not aware of case law testing this particular theory.

      --
      Is it just my observation, or are there way too many stupid people in the world?
    17. Re:No it's not by Alsee · · Score: 1

      I don't doubt that clause was included with tghe intent of creating that deceptive impression, but it clearly does not have they effect. That clause is worthless.

      Violating the DMCA is not copyright infringment, therefore there is no fair use defense. That should be enough right there, but there is an entire mountain to back it up if you like...

      The jury in the Elcomsoft case where clearly presented with the court position that the DMCA does not recognize fair use execeptions - the jury foreman stated that the jury were quite troubled by the fact that you lost absolutely all fair use rights under the DMCA. 321 studios collaped under a ton of lawsuits all saying there was no fair use defense to the DMCA. The 2600 case absolutely attempted to argue fair use but they got smaked down in court. Countless legal authorities state that there is no fair use defense to the DMCA. The Library of Congres, specifically tasked with granting limited exemptions to the DMCA, have issued a detailed statement that they are absolutely not tasked with granting fair use exemptions, and they they are not empowered to do so (they had countless demands for fair use exemptions, but denied them all). The DMCRA and BALANCE bills were both introduced with the specific intent of de-criminalizing non-infringing activities.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  15. Isn't this a licensing issue by zymurgy_cat · · Score: 4, Informative

    If you RTFM, the manufacturers were sued because their licenses prohibited them from selling their chips to non-CSS licensed buyers.

    I'm not saying I'm a big fan of the MPAA, but this sounds like a tempest in a teapot. It's not like these companies somehow came up with some workaround and the MPAA was jumping all over them.

    Fanatics who don't want to RTFM are welcomed to mod me down.

    --
    -- Fugacity: Confusing chemists since 1908
    1. Re:Isn't this a licensing issue by black+mariah · · Score: 1
      If you RTFM, the manufacturers were sued because their licenses prohibited them from selling their chips to non-CSS licensed buyers.
      And how is that not a licensing issue? Maybe if your post was a reply instead of stand-alone it would make more sense... but this is just contradictory to a stupid degree. "They broke their license agreement... but it's not about licensing." WTF?
      --
      'Standards' in computing only impress those who are impressed by things like 'standards'.
    2. Re:Isn't this a licensing issue by focitrixilous+P · · Score: 1
      Fanatics who don't want to RTFM are welcomed to mod me down.

      First, it's RTFA in the context you mean it. See AC post above mine, but most people read at at least 1 so I'll steal his point.

      It's the start of a slippery slope, where you may eventually you need DRMeyes to watch media. And don't taunt the mods. They will kill you. Or at least mark you flamebait.

      --
      SAILING MISHAP
    3. Re:Isn't this a licensing issue by jdunlevy · · Score: 2, Interesting
      If you RTFM, the manufacturers were sued because their licenses prohibited them from selling their chips to non-CSS licensed buyers.

      Might the MPAA's own actions be in violation of anti-trust laws?

      Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is declared to be illegal.
    4. Re:Isn't this a licensing issue by zymurgy_cat · · Score: 1

      my bad. you're right, RTFA. my mind's not functioning too well today.

      --
      -- Fugacity: Confusing chemists since 1908
  16. Chips? *Cough* VLC and MPC *Cough* by Bonker · · Score: 4, Interesting

    There are still people worrying with playback control on DVD players?

    Media Player Classic

    http://sourceforge.net/projects/guliverkli/

    VLC

    http://www.videolan.org/

    Pick yer platform

    --
    The next Slashdot story will be ready soon, but subscribers can beat the rush and slashdot the links early!
    1. Re:Chips? *Cough* VLC and MPC *Cough* by randyest · · Score: 2, Insightful

      Pick yer platform

      Stand-alone player sans computer, please. ;)

      YOu seem to have left out that link.

      --
      everything in moderation
    2. Re:Chips? *Cough* VLC and MPC *Cough* by Spad · · Score: 2, Funny

      Find me somewhere I can download a hardware DVD player and I'll be a happy man :)

    3. Re:Chips? *Cough* VLC and MPC *Cough* by tepples · · Score: 1

      My cousin's computer doesn't have TV output, you insensitive clod!

    4. Re:Chips? *Cough* VLC and MPC *Cough* by Anonymous Coward · · Score: 0

      VideoLAN???

      Some of use don't want to set up a LAN just to watch a DVD.

    5. Re:Chips? *Cough* VLC and MPC *Cough* by AnyoneEB · · Score: 1

      Contary to its name, VideoLAN works rather nicely as a regular media player. I've never used its streaming features.

      --
      Centralization breaks the internet.
  17. Sold to DVD Makers by SirLanse · · Score: 5, Interesting

    Who are these DVD makers and what models are they talking about. Pirating minds want to know.

    1. Re:Sold to DVD Makers by djohnsto · · Score: 5, Informative

      Zenith DVB318 and Momitsu V880. They both upscale DVD's to HD resolution and output the unencrypted result over analog component cables. The DVD consortium (and the content industry in general), state that everything must be either encrypted with HDCP (when using digital outputs like DVI or HDMI), or messed up with Macrovision. The only exception is for component outputs (where the Macrovision algorithm doesn't work), so they contractually limit the legal output resolution over component to 480p for DVD's.

      People who were early adopters of HDTV's (i.e. they ONLY have component inputs for HD, no DVI or HDMI) are pretty pissed about the whole situation.

      --
      Dan
    2. Re:Sold to DVD Makers by ZipR · · Score: 2, Funny

      The usuals suspects: Sorny, Magnetbox, Panaphonics...

      Don't sue me Matt Groening, please!

    3. Re:Sold to DVD Makers by Anonymous Coward · · Score: 1, Informative

      A good bet would be Kiss technology DP series, as they are sigma design based systems. Liteon/Rimax/Yamada/Procaster are lesser known manufacturers using the same chips (and embedded Linux!). Basicly any dvd player that says it supports divx is probably sigma design based. I guess some them didn't bother licensing css and sigma forgot to ask..

    4. Re:Sold to DVD Makers by karlandtanya · · Score: 4, Interesting

      I just read the specs on a Momitsu V880. This is what all DVD players should be! (Except for the cheapass remote). Why do we settle for deliberately crippled hardware when there is something so much more functional. Probably doesn't cost any more to make, either--just different software/permissions.

      --
      "Reality is that which, when you stop believing in it, it doesn't go away." - Philip K. Dick
    5. Re:Sold to DVD Makers by Jeff+DeMaagd · · Score: 1

      The only exception is for component outputs (where the Macrovision algorithm doesn't work)

      Just to clarify, Macrovision over 480i and 480p component signalling works fine. My projector hates 480p Macrovision, although it works fine with 480i Macrovision, both over component.

      IIRC, there is no Macrovision for PAL progressive (uh, 576p?), 720p or 1080i that I've heard of, and that's why they are doing HDMI, HDCP and restricting it to digital outputs.

    6. Re:Sold to DVD Makers by Anonymous Coward · · Score: 1, Interesting

      YOu think that's something, look at the V880N! I'm guessing the 'N' stands for "Network", as it can connect over a wireless (802.11b) network.

  18. I have to agree by slashjames · · Score: 5, Insightful

    I read the article, and I have to agree this is probably a valid lawsuit. This is purely contract law, not copyrights or patents. The contract the manufacturers signed said they would not produce or sell devices that could be used for copying DVDs. The manufacturers didn't hold up their end of the deal. Yeah, it stinks, but that's the way it is.

    1. Re:I have to agree by J.+Patrick+Graves · · Score: 1

      The chips by themselves can't make unauthorized copies, so are they still breaking the contract? If they are, that means they can't sell the case, the sound jacks, the CPU, ...

    2. Re:I have to agree by Anonymous Coward · · Score: 0

      Anything that you can hook up to a DVD player that has a "record" button can be used to copy DVDs.

      Every "security" function they add to the devices are being bypassed faster and faster.

    3. Re:I have to agree by black+mariah · · Score: 1

      I don't know why, but I get the feeling you're one of the people that runs around screaming "LINUX IS NOT AN OS! GNU/Linux is. One's just a kernel.", as if this fucking mattered in any way.

      --
      'Standards' in computing only impress those who are impressed by things like 'standards'.
    4. Re:I have to agree by Anonymous Coward · · Score: 0

      Given that this is a debate about the legality of certain issues, the use of language is indeed rather important.

    5. Re:I have to agree by StrawberryFrog · · Score: 1

      The contract the manufacturers signed said they would not produce or sell devices that could be used for copying DVDs

      So outputting a signal to a screen, where anyone could video it, is right out then?

      --

      My Karma: ran over your Dogma
      StrawberryFrog

  19. Time for a revolution by Roadkills-R-Us · · Score: 2, Insightful

    We could dress up as Americans and throw tea in the harbor... or sand in their gas tanks... or grenades in their toilets... or...

    No, I don't think I'm out of control. I think the industry is out of control, and the government's going right along with it (both major parties).

    1. Re:Time for a revolution by Hentai · · Score: 1

      Indeed. The Sons of Liberty are calling; will you answer?

      --
      -Hentai [in vita non pacem est]
    2. Re:Time for a revolution by Trolling4Dollars · · Score: 1

      I'll answer the call for a revolution. Let's start by videotaping all the movie trailers that they force us to watch on DVDs without being able to fast forward. Then let's all send them to the MPAA excutives by the cart full.

  20. You mean we _haven't_ learned anything by rharder · · Score: 5, Insightful
    The MPAA, recognizing the damage the advent of digital file-sharing did to the music industry, has waged an aggressive campaign against movie piracy.

    In other words, "We didn't learn from the backlash against the recording industry, so we'll do it again. Only harder."

    1. Re:You mean we _haven't_ learned anything by TheRaven64 · · Score: 1

      What backlash? Apart from a few posts on Slashdot, I haven't noticed a consumer backlash. No large consumer boycotts, no (well, very few) negative articles in the mainstream press.

      --
      I am TheRaven on Soylent News
    2. Re:You mean we _haven't_ learned anything by joelt49 · · Score: 1

      Uh, no, you're wrong. They have learned from the RIAA a little bit. The MPAA hasn't sued any end-user file sharers, have they? In fact, I seem to remember a /. article talking about how they wouldn't sue individuals guility of file sharing.

      However, since their lawsuit against grokster fell through, that might not be the case any more.

  21. Only people pirate DVDs, not DVD players by Graemee · · Score: 0, Offtopic

    Hasn't this been tried with gun makers? Photocopiers?
    P2P Software?

    1. Re:Only people pirate DVDs, not DVD players by Thrymm · · Score: 1

      Did they do this to VCR makers back in the day? Also arent there more than just 2 makers out there to sue? Sue everybody!

    2. Re:Only people pirate DVDs, not DVD players by getnate · · Score: 1

      I think this suit is about a breach of contract. The chip makers have a contract with the MPAA(or some related org) that they will only sell to approved DVD player manufacturers. In this case, the DVD player manufacturers are not on the approved list. The chip maker signed the contract and then breach.

    3. Re:Only people pirate DVDs, not DVD players by greyguppy · · Score: 2, Informative

      Probably yes. This is a contract case, not a copyright case. The MPAA claim they signed a contract preventing these suppliers from selling the chips to unlicensed manufacturers.

      Using a gun analogy, if a gun maker signed a deal with the US Gov, so that they were to be the sole purchasers of a new gun the manufacturer had designed, this would be akin to the manufacturer then selling to another country on the side.

      The MPAA claim they have exclusivity, not under the DMCA, not under old copyright law etc, but under a contract between them and the defendants. This is nothing more than that.

    4. Re:Only people pirate DVDs, not DVD players by black+mariah · · Score: 1, Interesting

      Remington develops their own rifle round and has someone else manufacture it. Their contract with the manufacturer states the manufacturer can't make those bullets for another company. They do anyway. Hey, Lawsuit!

      It's a contract dispute. This shit happens all the time. When you are handed a contract with specific stipulations not to do something, YOU DON'T FUCKING DO IT. That this is the MPAA is COMPLETELY irrelevant to anything. A contract is a contract, you don't fuck with it without answering for it.

      --
      'Standards' in computing only impress those who are impressed by things like 'standards'.
    5. Re:Only people pirate DVDs, not DVD players by Anonymous Coward · · Score: 0

      Wow, you know how to curse. Do you think that makes you special, or just a troll? I'd love to see you in a job interview someday (well, you see, I wrote this fucking awesome program, dude).

    6. Re:Only people pirate DVDs, not DVD players by FearUncertaintyDoubt · · Score: 1

      If the contract is not legal, it can't be enforced. So what are the terms of the contract, and are they legal?

  22. Re:Insane. Absolutely Insane. by M.+Piedlourd · · Score: 5, Insightful

    How about suing tobacco companies for producing cigarettes that people choose to smoke, or gun manufacturers for making weapons that are used to commit crimes? Pretty crazy world, isn't it?

  23. Re:Brutal by RLW · · Score: 2, Insightful

    1 word... never.

    More words... Where there is money to be had there is conflict. The MPAA represents lots of money. Even if the courts come down hard on the MPAA it'll figure something else out.

    I didn't get to be head of the department because I'm a moron.
    I got to be head of the department because I..I..I.I.I'm not moron.

  24. Try reading the article... by MyNameIsFred · · Score: 2, Interesting
    Are you saying that now we can, for example, sue Ford because they produced the car that was purchased by a drunken driver who killed someone?

    They are suing them for violating a contract. Do you have a contract with Ford forbidding them from selling cars to drunks? I doubt it. But the MPAA apparently has a contract limiting who the chip manufacturers can sell their chips to, and the MPAA claims the chip manufacturers are violating that contract.

    1. Re:Try reading the article... by LostCluster · · Score: 2, Insightful

      Shouldn't the DVD-CCA, rather than the MPAA be the be the organization responsible for enforcing the rules behind the CSS system? Granted, the two organizations are very similar, but the MPAA should be calling its friends rather than be the entity in the headline.

    2. Re:Try reading the article... by Anonymous Coward · · Score: 0

      Are they suing them for contract violation, or are they suing them for DMCA violation?

  25. Reuters giving up on the truth by Anonymous Coward · · Score: 0

    "The MPAA, recognizing the damage the advent of digital file-sharing did to the music industry (...)"

    And what damage is that? Can they show the numbers? Actual, not estimates...

    1. Re:Reuters giving up on the truth by Anonymous Coward · · Score: 0

      And what damage is that?

      File-sharing made the music industry act like assholes. The MPAA is trying to outdo the RIAA and act like the devil's spawn.

    2. Re:Reuters giving up on the truth by Moirke · · Score: 1

      And what damage is that? Can they show the numbers? Actual, not estimates...

      There is NO realistic method to calculate actual damages that result from piracy. You would have to calculate how many people downloaded a movie instead of purchasing a ticket or purchasing the DVD. You would then have to take into account how many people would not have purchased a movie ticket (or movie) had they not first seen a pirated copy.

      One thing is for sure; the numbers we get from the MPAA, RIAA, or BSA are pure FUD!

      -- Grouper --

  26. Stop! by menkhaura · · Score: 0, Offtopic

    Stop the world, I want to get out!

    --
    Stupidity is an equal opportunity striker.
    Fellow slashdotter Bill Dog
    1. Re:Stop! by NorthDude · · Score: 1

      That's pretty easy : instead of shooting self in foot, should self in head!

      --


      I'd rather be sailing...
  27. No by Anonymous Coward · · Score: 5, Insightful

    "If the chipmakers violated their licenses, they have broken the law"

    No, they have not broken the law, they have violated the terms of a contractual agreement. If they had broken the law a government entity (fed/state/county/etc) would be filing the charges not a company.

    1. Re:No by sbergstrom · · Score: 1, Redundant

      Since when has a breach of contract been legal? It may not be a criminal act against the state, but it's still not allowed by law, AFAIK. Can any REAL lawyers confirm/refute this?

      --

      Love, Stu
    2. Re:No by zungu · · Score: 2, Informative

      Contract is an agreement that is enforceable by law. Contracts are enforced under common law. Violation of contracts leads to various remedies, the chief being damages. Your idea that violation of law and contract are different things is wrong. May be you are thinking of criminal laws where the state is the prosecuting agency.

    3. Re:No by bhima · · Score: 0

      Perhaps we are discussing the difference between civil and criminal law?

      --
      Nothing in the world is more dangerous than sincere ignorance and conscientious stupidity.
    4. Re:No by antiMStroll · · Score: 0, Offtopic

      You mean we'll finally see damages proved to a standard suitable for a court of law instead of braying repetition by 'news media' such as Yahoo?

    5. Re:No by Anonymous Coward · · Score: 0

      Eh? A rapist (law breaker) won't get tried in court if the victim decides not to file a complaint.

    6. Re:No by the-build-chicken · · Score: 1

      I don't know about that, the line between criminal and civil seems to be blurring rather fast all around the globe these days, I don't know what the shelf life of your post will be, but I would judge it small :)

  28. Bad journalism... yet again. by Attitude+Adjuster · · Score: 5, Insightful
    More examples of supposed journalists repeating as fact things that have not (AFAIK) been proven...

    The CSS license pact has aided the success of DVDs because it has provided protection against illegal copying to copyright owners of movies, television shows and other content sold on DVD.

    And DVDs would have been less successful if CSS didn't exist? There is proof of that?

    The MPAA, recognizing the damage the advent of digital file-sharing did to the music industry, has waged an aggressive campaign against movie piracy.

    Haven't we seen studies claiming that the record industry has not been damaged, e.g. that sales are only lower than the RIAA's flawed and over-optimistic projections? Even studies claiming that file sharing might have a positive impact on record sales?

    It seems to me that many journalists these days don't actually investigate or research anything, they just take industry or political press releases and report the spin as fact. Or am I too cynical?

    1. Re:Bad journalism... yet again. by mykepredko · · Score: 1

      The second quote you've listed really disappointed me as well. It sounded like the "journalist" cut and pasted the paragraph from the MPAA's press release to bump his word count up.

      myke

    2. Re:Bad journalism... yet again. by 91degrees · · Score: 2, Informative

      It sounded like the "journalist" cut and pasted the paragraph from the MPAA's press release to bump his word count up.

      You'd be surprised just how many articles in major newspapers are provided by PR companies and departments, and simply printed more-or-less verbatim. The chances are, all the journalist did was write the first paragraph (if that).

    3. Re:Bad journalism... yet again. by White+Roses · · Score: 1
      It seems to me that many journalists these days don't actually investigate or research anything, they just take industry or political press releases and report the spin as fact. Or am I too cynical?

      I don't think you're too cynical, you're just not looking far enough. The conglomeration of media means that the same people who produce the numbers are the ones who report on it (an over-simplification, but broadly close to the current state of media). Journalistic integrity is something to strive for, but when, for instance, 20th Century Fox is paying your bills, there's a stronger motive to report what the boss wants to hear, or to be used as a mouthpiece for their agenda.

      --
      Do not touch -Willie
    4. Re:Bad journalism... yet again. by cakefool · · Score: 0

      read "Toxic sludge is good for you - lies, damn lies and the PR industry" Scary, and it all seems to be true

    5. Re:Bad journalism... yet again. by Fred+Foobar · · Score: 1
      And DVDs would have been less successful if CSS didn't exist? There is proof of that?
      It's just as CD's are successful because they have copy protection. Oh wait...
      --
      It was a really good paper.
    6. Re:Bad journalism... yet again. by Anonymous Coward · · Score: 0

      I think what they mean by the 'successful' bit is that by having a form of copy protection on the media they could garner increased respect from those releasing to the DVD format. I think they aren't referring to consumers, but producers whose revenues are based on not having their media copied illicitly. Just an idea.

      --aphyr

    7. Re:Bad journalism... yet again. by pipingguy · · Score: 1


      It seems to me that many journalists these days don't actually investigate or research anything...

      Why should "journalists" and their editors do all that extra legwork when computers and the Internet have made things so easy for them? I'm guessing that a lot of the "old skool real journalists" dropped out/were kicked out of the profession once computers became ubiquitous in their field.

      Then again, the word "reporter" sort of implies someone who just passes along information and maybe there should be some differentiation made between "reporters" ("repeaters?") and "journalists".

      On a related topic, the people who approve Slashdot story submissions have changed titles from "authors" to "editors" (please correct me if I'm wrong here). I submit that they should more properly be called "approvinators".

    8. Re:Bad journalism... yet again. by KjetilK · · Score: 1

      Yep, it sort of weird in light of that DVDs didn't really taken off until after CSS was cracked...

      --
      Employee of Inrupt, Project Release Manager and Community Manager for Solid
    9. Re:Bad journalism... yet again. by LordLucless · · Score: 1

      It seems to me that many journalists these days don't actually investigate or research anything, they just take industry or political press releases and report the spin as fact. Or am I too cynical?

      Definately not. I took a Journalism class at University last semester, and some of our exercises involved doing exactly that - building a story around a press release.

      --
      Just because you're paranoid doesn't mean there isn't an invisible demon about to eat your face
    10. Re:Bad journalism... yet again. by Anonymous Coward · · Score: 0

      Mod +1 Scary

    11. Re:Bad journalism... yet again. by glesga_kiss · · Score: 1
      And DVDs would have been less successful if CSS didn't exist? There is proof of that?

      Oh yes, but for the wrong reasons. The movie studios would not have published on DVD if this wasn't there. They also demanded the region protection.

      If DVD didn't CSS, we'd be using DVDs for data purposes only. You wouldn't be buying them in the shops. So, the original statement is correct.

  29. Comment removed by account_deleted · · Score: 4, Insightful

    Comment removed based on user account deletion

  30. "appropriate security features" by pyro17 · · Score: 1, Interesting

    Seince when did the MPAA have the right to go telling companies what they can sell. Can't this be used if you make a home dvd? Becase the MPAA does not think your dvd player has enough "appropriate security features" whatever the heck they mean by that they sue. Also can't I just put a burned copy of a dvd in my PC? You can hook your tv into your pc these days. When will they learn...If they just made movies people actually wanted to buy.

    1. Re:"appropriate security features" by harlows_monkeys · · Score: 1
      Seince when did the MPAA have the right to go telling companies what they can sell

      RTFA.

    2. Re:"appropriate security features" by rworne · · Score: 3, Informative

      Just some points:

      1. Home DVD burners (including consumer DVD-R and DVD+R) cannot use CSS encryption. They just physically are not able to do so because the media does not support the burning of the CSS key.

      2. Professional burners do exist that can use CSS. These require different media (consumer media won't burn in these) due to the wavelength of the laser being different and a section on the disc to receive the CSS key.

      3. The cost of the professional burners and media are considerably more than the consumer units.

      The end result is that the studios think their stuff is worth protecting, while the consumer's isn't. It just makes me feel all warm inside.

      For the PC, you can decrypt and burn a DVD to a blank disc. This disc will be playable in nearly ANY DVD player Because of the country I live in, I cannot tell you how to do this.

      If you hook a PC up to a TV, or vice-versa, some video cards/drivers are now enforcing Macrovision copy protection.

      --
      I tried every decent and legal way I could think of to resolve the issue w/the business before I rented the chicken suit
    3. Re:"appropriate security features" by prisoner-of-enigma · · Score: 1

      Seince when did the MPAA have the right to go telling companies what they can sell.

      Decoding your clever spelling and punctuation, it seems like you're asking about the MPAA's rights in this situation. Perhaps you've heard of the concept of a "contract"? In it, one party agrees to abide some terms and another party agrees to abide by some other terms. If either party doesn't live up to their side of the agreement, the remaining party can sue them for breach of contract. This elementary concept seems to have escaped you.

      The MPAA contracted with SigmaTel and the rest to sell CSS decryption chips only to authorized buyers, the understanding being that the MPAA decides who is or isn't an "authorized" buyer. The CSS chip makers sold chips to companies not on the approved list. The MPAA owns the rights to CSS and has every right to determine who can or can't make CSS decryption chips. If Sigmatel can't live up to the terms it agreed to when it signed the contract, the MPAA has every right to sue them.

      Let's put this in its simplest possible terms: very likely you are employed by someone. There is an employment contract between you and your employer. You agree to provide services, your employer agrees to pay you, and there's a "penalty" section in the contract if either of you fails to meet your obligations. If you fail to show up for work, you can be fired. If you work but your employer fails to pay you, you can sue for those wages.

      What you're currently arguing is that you shouldn't be allowed to sue your employer for those wages, but I don't think you've thought your argument through enough to realize that simple fact.

      Look, I think the MPAA is a bunch of worthless bastards earning tons of money off the backs of content producers, but arguments like yours are just plain stupid. Try thinking a bit harder next time before your knee-jerk reaction reaches your typing fingers.

      --
      In the end they will lay their freedom at our feet and say to us, Make us your slaves, but feed us. - Fyodor Dostoyevsky
    4. Re:"appropriate security features" by maximilln · · Score: 1

      Perhaps you've heard of the concept of a "contract"?

      I would just like to point out that, at the end of the day, a contract is an artificial club to be wielded by the wealthy. If you're not wealthy the contract will be used against you. If you are wealthy you will use the contract against others. If you are not wealthy and are the contract holder then you cannot afford to enforce the contract.

      Screw contracts. I've never seen a single one that protected _MY_ interests without requiring first that I have $10k to retain legal counsel.

      If you work but your employer fails to pay you, you can sue for those wages

      My point exactly. If they don't pay you, how can you afford to sue? I'll cede that, in this extreme case, one could probably find a lawyer to pick up the case on credit since it'll be easy to prove. When was the last time you saw an employee agreement which outlined your rights as employee? NEVER. Everything in an employee contract has to do with the rights of the company.

      I don't think you've thought your argument through enough to realize that simple fact

      I understand that you're being idealistic about the way things should be but I don't think you've thought your argument through enough to see the way things ARE.

      --
      +++ATHZ 99:5:80
    5. Re:"appropriate security features" by prisoner-of-enigma · · Score: 1

      I would just like to point out that, at the end of the day, a contract is an artificial club to be wielded by the wealthy.

      And that, your honor, is where my opponent lost all credibility. Sorry, peddle your class warfare rhetoric on someone else, I'm not buying it. Please, go find your socialist worker's paradise elsewhere, I'm quite happy with capitalism.

      I understand that you're being idealistic about the way things should be but I don't think you've thought your argument through enough to see the way things ARE.

      Given that you're the one advocating class warfare and a system closely resembling socialism, all while ignoring the fact that such systems have always failed in the past and capitalism has generated the wealthiest, most powerful nation this planet has ever seen, I think it is you who is seeing things the way you want them to be as opposed to how they are. Cheer up, you may eventually grow up, become successful, and realize the error of your ways. On the other had, you might also remain intellectually as immature as you are now, which almost certainly guarantees your failure -- which you will inevitably blame on "the wealthy" despite the root cause being your own flawed view of reality.

      --
      In the end they will lay their freedom at our feet and say to us, Make us your slaves, but feed us. - Fyodor Dostoyevsky
    6. Re:"appropriate security features" by tepples · · Score: 1

      Sorry, peddle your class warfare rhetoric on someone else, I'm not buying it. Please, go find your socialist worker's paradise elsewhere, I'm quite happy with capitalism.

      Then answer this: how can somebody without $10K in the bank enforce a contract?

    7. Re:"appropriate security features" by base3 · · Score: 1

      You've got a point there--excepting small claims.

      --
      One CPU cycle wasted on digital restrictions management is ONE TOO MANY.
    8. Re:"appropriate security features" by droopycom · · Score: 1
      "Those who have long enjoyed such priveleges as we forget that men died to win them" - Franklin D. Roosevelt
      Interresting quote... Especially since the most priviledged rarely have to fight for those privileges while the underpriviledged are the first to be sent to die. I'm quite happy with capitalism as long as I'm high enough in the social ladder...
    9. Re:"appropriate security features" by maximilln · · Score: 1

      And that, your honor, is where my opponent lost all credibility

      Let's talk about credibility then. Take the credibility of the person extending the contract or agreement. From this point forth a contract shall denote either a contract or a legally binding agreement.

      In the event that both parties fulfill their obligations of a contract then the contract stands and there is no nullification. Should one party breach the terms of the contract, however, then the contract is nullified and there may be damages to be paid or terms to be fulfilled. Next time you have a mind look over the contract for your vehicle. Look over the contract for your house. Look over the contract for your employment. These contracts outline in no short form the myriads of ways by which you, as the consumer, can break the contract and the other party assume total control of the contract--they can repossess your car, your house, or your employment.

      Where, in any of those contracts, is there an indication for the responsibilities of the other party? Where are the terms by which they could break the contract and YOU could possess total control of the contract? Where are the terms by which the bank would forfeit your house or car to you through their wrongdoing? Where are the terms by which your employer is required to buy out your salary for a number of years due to their negligence?

      There are never any such terms.

      So in terms of credibility, at what age did you learn that the credibility of such a horrendously one-sided agreement was nonexistent? How old were you when you realized that "heads I win, tails you lose" is the mantra of the toothless carnival swindler? That we, as more or less enslaved citizens, have no positive choice but to accept the terms does not lend any additional credibility to the one-sided nature of these contracts. It only serves to illustrate just how warped this world is.

      I guess that's how we know we're not in heaven.

      --
      +++ATHZ 99:5:80
    10. Re:"appropriate security features" by prisoner-of-enigma · · Score: 1

      Where, in any of those contracts, is there an indication for the responsibilities of the other party? Where are the terms by which they could break the contract and YOU could possess total control of the contract? Where are the terms by which the bank would forfeit your house or car to you through their wrongdoing? Where are the terms by which your employer is required to buy out your salary for a number of years due to their negligence? There are never any such terms.

      Where is the loaded gun pressed against your temple forcing you to engage in the contract, you fool? You have free will to not engage contracts not to your liking. Don't like the EULA for a piece of software? Don't use the software. Don't like the contract for the loan on your car? Pay cash. Don't like the contract between you and the carmaker? Find a different brand. Can't find a different brand? There's public transportation.

      In short, your argument is stupid because it assumes you are forced into accepting a contract you do not agree with. What's really going on is you're choosing to accept the contract of your own free will. You can blame the "big boys" all you want, but there's nobody forcing you to do anything here. What you're really doing is whining an awful lot about how you want everything for nothing handed to you on a silver platter. Sorry, the world doesn't work that way, and if you were mature enough to understand that concept you wouldn't be using such a childish argument.

      --
      In the end they will lay their freedom at our feet and say to us, Make us your slaves, but feed us. - Fyodor Dostoyevsky
    11. Re:"appropriate security features" by prisoner-of-enigma · · Score: 1

      Then answer this: how can somebody without $10K in the bank enforce a contract?

      [sigh] The answers here are numerous, but it seems you'd rather complain than think. I'll list a few options for you:

      1. You can elect to not engage the contract in the first place if it's not to your liking.

      2. You can get a contract clause stating arbitration shall be used in the event of a dispute. Arbitration forgoes the legal process and is usually much cheaper.

      3. You can get a lawyer who works on contigency, such that he/she only gets paid if you win. If you lose, you pay nothing to the lawyer (although you may be liable for whatever penalties apply in the contract, if any).

      There's more, but I think I've made my point here. If you have a brain, use it to think with instead of using it make excuses with. Any idiot can stand around and complain. An intelligent person comes up with solutions to difficult problems. Which are you?

      --
      In the end they will lay their freedom at our feet and say to us, Make us your slaves, but feed us. - Fyodor Dostoyevsky
    12. Re:"appropriate security features" by prisoner-of-enigma · · Score: 1

      Interresting quote... Especially since the most priviledged rarely have to fight for those privileges while the underpriviledged are the first to be sent to die. I'm quite happy with capitalism as long as I'm high enough in the social ladder...

      Since my parents were most certainly working class, and since I've worked my way up from nothing into something, your claim of the privileged class (note spelling here, genius) not having to do the fighting is somewhat circumspect. I have actually done fighting for my country, USMC, Gulf War I. I put myself though college, no loans, no trust funds, I worked my ass off. And I'm glad I did it that way because I can sit here and enjoy the fruits of my labors and watch you whine and complain about how [drum roll please]UNFAIR THIS WORLD IS! WAAAH!! I NEED MY DAIPERS CHANGED!

      Oops, sorry, I think I broke your argument. Hope you kept the receipt. But I digress.

      Perhaps you might have a better chance of being one of these nebulous "priviledged" classes if you had better spelling, but in all honesty I think it's more likely your failings to date are due to your lack of cognitive thinking skills. Cheer up, though. One day you just might grow up and realize how wrong you are. I hope you do, but I'm not betting on it.

      --
      In the end they will lay their freedom at our feet and say to us, Make us your slaves, but feed us. - Fyodor Dostoyevsky
    13. Re:"appropriate security features" by tepples · · Score: 1

      If you have a brain, use it to think with instead of using it make excuses with.

      I try, but once my brain constructs proposed "solutions to difficult problems" and then constructs proofs that enough such solutions are infeasible to implement, that's when excuse mode kicks in. Excuse mode is simply summarization of such proofs.

      You can elect to not engage the contract in the first place if it's not to your liking.

      My brain is not perfect. What is a solution to the difficult problem of how to live with electing to not engage a contract when all known providers of a necessary good have similar undesirable contracts, such as in the case with a monopoly provider?

      You can get a contract clause stating arbitration shall be used in the event of a dispute.

      My brain is not perfect. What is a solution to the difficult problem of getting a sufficiently large other party to agree to amend a standard boilerplate contract rather than just "all changes by You to this contract are null and void, as We are expressly not willing to agree to any changes"?

    14. Re:"appropriate security features" by prisoner-of-enigma · · Score: 1

      and then constructs proofs that enough such solutions are infeasible to implement

      This is another form of a weak excuse, saying "I have to do it this way because that's all that's available to me." This is America, where opportunities abound. Don't like what current businesses are offering you? Get off your duff and make your own. If there's a market for what you're offering, you'll prosper. If there isn't a market for it, it's likely you're just blowing this whole thing out of proportion as an excuse for complaining. Or perhaps you'd get into business and [gasp] suddenly realize that the contracts you abhor are actually necessary to carry on business.

      such as in the case with a monopoly provider?

      See the above suggestion. The solution to a monopoly is competition. If you have a marketable product that does the job better, faster, cheaper, or some combination thereof, you will prosper. The only thing stopping you is (a) you and (b) your ability to come up with a more workable solution than what exists. I doubt you've expended much, if any, effort to address either of these prerequisites.

      My brain is not perfect. What is a solution to the difficult problem of getting a sufficiently large other party to agree to amend a standard boilerplate contract rather than just "all changes by You to this contract are null and void, as We are expressly not willing to agree to any changes"?

      You defeat yourself too easily. The way you get a company to change its procedures, contracts, or products is the same here as with any other behavior you want to change: don't buy their products, don't use their services, don't engage them. Use alternate providers of these things. If there aren't any alternates, that sounds like a market ripe for opening competition -- assuming you have a better idea. However, if you engaged in such an exercise, I think it's highly likely you'll find out that you don't have a better way of doing it, you just don't like how it's being done now. Well, to that I say "tough." Life is not fair, nor should it be. Just because you don't like something doesn't mean it isn't the best solution available.

      --
      In the end they will lay their freedom at our feet and say to us, Make us your slaves, but feed us. - Fyodor Dostoyevsky
  31. loose/lose by Anonymous Coward · · Score: 1, Funny

    Argh!! This is a professional news outfit, and:

    claims its members loose billions of dollars annually


    Lose people, not loose. Jeez.

    1. Re:loose/lose by Anonymous Coward · · Score: 0

      >This is a professional news outfit

      Why do you say that? Incorrect usage such as using "loose" in place of "lose", is one of the things that distinguishes professional, literate writing from everything else.

  32. Re:Insane. Absolutely Insane. by Anonymous Coward · · Score: 0

    the cig companies lied and covered up and flat out bribed politicians.

    they can and should be held responsible.

    they prevented the truth of the matter (which apparantly doesnt make any difference anyways) from being known.

    gun manufacturers, well they make a obviousely dangerous product. that is already established, cigs were once thought to be to the point of being healthy.

    *going to have a smoke*

  33. Re:Insane. Absolutely Insane. by Anonymous Coward · · Score: 0

    Yeah, what's next? Suing fast-food companies that people choose to go to?

  34. You all suck at humor.. by Mz6 · · Score: 1
    ...or maybe it was me. No, you all suck at humor :)

    *can replace humor with sarcasm. It works both ways.

    --
    Hmmm.
  35. embarrasing by Anonymous Coward · · Score: 1, Funny


    but not unexpected, over 10% of Americans are functional illiterates and are 68th on the global general literacy (total population) scale

    link

    turn off that TV and get reading folks

    1. Re:embarrasing by tanguyr · · Score: 1

      turn off that TV and get reading folks

      What do you think we're doing here? Smelling the f***ing articles?

      --
      #!/usr/bin/english
    2. Re:embarrasing by Anonymous Coward · · Score: 0

      Well, at least we have an excuse. We spoke the queen's english, but then we overthrew the queen in these parts. Now... well now we don't have a queen, we have people like Bush, have you heard him speak?

    3. Re:embarrasing by monkeyboy87 · · Score: 1
      but not unexpected, over 10% of Americans are functional illiterates and are 68th on the global general literacy (total population) scale link turn off that TV and get reading folks
      10%??!?!? Gosh! that's nearly half!
    4. Re:embarrasing by Eccles · · Score: 1

      What do you think we're doing here? Smelling the f***ing articles?

      Please don't tell me you think you're improving your English by reading slashdot articles...

      --
      Ooh, a sarcasm detector. Oh, that's a real useful invention.
    5. Re:embarrasing by Anonymous Coward · · Score: 0

      wait, i'm confused. are Americans in general 68th on the ggl scale or just the 10% of those who are functionally illiterate? Or is it just the intersection of functional illiterates and those on the ggl scale?

    6. Re:embarrasing by gfxguy · · Score: 1

      That reminds me of that California legislator who was complaining that half the studends in CA were scoring below median on aptitude tests...

      --
      Stupid sexy Flanders.
    7. Re:embarrasing by Anonymous Coward · · Score: 0

      > That reminds me of that California legislator who was complaining that half the studends...

      It reminds me of the guy who couldn't spell "students".

  36. Bah... by MalaclypseTheYounger · · Score: 1, Funny

    People are so sue-happy now a days. Any little thing, people sue over it now...

    What ever happened to the good ol' days where you would just get a couple friends, a couple baseball bats and crowbars, and 'leaving a message' instead of suing...

    --
    Check out the best P2P sharing website: MEDIACHEST.COM
    1. Re:Bah... by K1-V116 · · Score: 1

      What ever happened to the good ol' days where you would just get a couple friends, a couple baseball bats and crowbars, and 'leaving a message' instead of suing...

      The lads with a baseball bats got their kneecaps sued off?

      --

      Got mead?

    2. Re:Bah... by MalaclypseTheYounger · · Score: 0

      Touche.

      Beware lawyers with baseball bats.

      --
      Check out the best P2P sharing website: MEDIACHEST.COM
  37. The Real Reason by PineHall · · Score: 4, Insightful

    This is all about control. The movie industry wants complete control over the distribution of movies. DVD regions is about controling the distribution of movies. Yes control allows them to maximize profits. They might be able to make even more money with a more open and free distribution, but that is not guaranteed. So to guarantee healthy profits they demand complete control. It is safe and mostly risk free.

  38. Re:Insane. Absolutely Insane. by stratjakt · · Score: 3, Interesting

    Huh?

    The MPAA owns CSS. They license it to these companies, and say "You can use our CSS stuff, but only sell it to people on this list". Sell outside the list, break the agreement, get sued. That's what's happening.

    This is more like Apple suing Real because Real is using Apple's DRM without Apple's permission, though that's not the same either, but it's closer.

    They've been selling these chips forever, and the MPAA has been happily collecting it's royalties for CSS. What I wonder is, why now?

    That is, is the REAL MONEY motivating this - that is, the electronics manufacturers who make approved DVD players?

    Sony's getting it's ass kicked in the market by WingWong's knockoff brand, because the knockoff isn't crippled. It may be a cheaper, lousier machine, but in the end - it plays that DVD your cousin Beauregard sent you from Region 5.

    Hmm.. Despite the rhetoric around here, the entertainment industry only makes pennies to the tech industries dollar. Sony (the maker of CD and DVD burners) is much much larger than Sony (the publisher of DVDs and PS2 games) - hence the 'paradox' that protects us. They will never lobby to outlaw recording and duplication tech, since that's which side their bread is buttered on.

    --
    I don't need no instructions to know how to rock!!!!
  39. GET YROU'E ACRONYMS RIGHT by Anonymous Coward · · Score: 0

    RTFM = read the fsking MANUAL.
    RTFA = read the fsking ARTICLE

  40. Bizzaroman World by Anonymous Coward · · Score: 5, Insightful

    We know litigation is the last gasp of industries with outdated models, why else would you actively want to sue the people you are in business with or YOUR CUSTOMERS?

    The meteor has crashed, the dinosaur is dying.

    Speaking with a family friend who is getting involved in indie film production, the big studios are banking more and more on the one profitable hit out of the ten movies produced and on DVD sales and rentals than ever. Neither of us go to the movies very often any more to see anything produced by a big studio (the last movie I saw was Eternal Sunshine... and before that? Lord of the Rings 3?). I'd just as soon keep my money and see student films or whatnot over repackaged fluff. It all makes it to HBO within a year anyway.

    This is one reason I think the studios are balking at going digital, for while it appears to slash their distribution costs, it also enables theatre owners to use the equivelent of an iTunes Music Store for their first-run movies.

    Sorry dinosaur, comet has hit. Why sue chip manufacturers? The only image your damaging is your own, makes fuck-all difference to any with either 1) a modicum of nerdibility or 2) anyone with a hobby that is of lower abstract cost than watching fabricated reality (meaning people flock to most benefit for least effort; if the MPAA continues alienative customers, customers will choose other form of entertainment and forget Hollywood ever existed).

    It's Darwiniaan (sp?): adapt or die. Lawsuits are not indications of adaptation.

    1. Re:Bizzaroman World by Anonymous Coward · · Score: 0

      (must proofread future posts... apologies...)

    2. Re:Bizzaroman World by maximilln · · Score: 1

      the big studios are banking more and more on the one profitable hit out of the ten movies produced and on DVD sales and rentals than ever

      That sounds like the pharmaceutical industry. Maybe we'll get lucky and all of these carefully abstracted pyramid schemes will go belly up in rapid succession.

      --
      +++ATHZ 99:5:80
    3. Re:Bizzaroman World by Anonymous Coward · · Score: 0
      Speaking with a family friend who is getting involved in indie film production, the big studios are banking more and more on the one profitable hit out of the ten movies produced and on DVD sales and rentals than ever.


      Wow, that's serious research, anecdotal evidence from two people at the fringe of the industry.



      Neither of us go to the movies very often any more to see anything produced by a big studio . I'd just as soon keep my money and see student films or whatnot over repackaged fluff.


      Right, but people with lives want to see films the rest of the public are excited about.

    4. Re:Bizzaroman World by Anonymous Coward · · Score: 0

      Right, but people with lives want to see films the rest of the public are excited about.

      Wrong. Only people without lives flock to see manufactured reality. Why would anyone with a life watch MPAA's piles of stinking manure? For free or otherwise? Why???

    5. Re:Bizzaroman World by Anonymous Coward · · Score: 0

      It's obvious that you don't have anyone to go with you to see a movie. Maybe if you were busy getting a hand-job (and another person was involved) in the back row of the theater, you might like movies some more.

  41. Piracy Isn't Just a Naval Term by Speare · · Score: 5, Informative

    [stock rant]

    The press rightly continues to use the word 'piracy' for illicit copying and distribution of original materials. Some think it's a new phenomenon, and hard to square with the traditional image of the Jolly Roger and swashbuckling robbers-at-sea. The use of the word 'piracy' as signifying an unauthorized copy of a manuscript is hundreds of years old, long before modern Copyright doctrine was developed. From http://www.ninch.org/forum/price.report.html:

    • There was very little trust in the print medium when it was first developed--it was seen as unstable and subject to piracy and fraudulent copying. Authenticity was hard to guarantee: indeed, the term "piracy" was first used by John Fell, Bishop of Oxford, to describe certain pernicious practices of early printers and booksellers. A "pirate" was someone who participated in the "unauthorized reprinting of a title recognized to belong to someone else." "Stationers" eventually emerged as the trusted practitioners who were placed in charge of various aspects of publishing--practices we would now recognize as printing, publishing, editing, and bookselling. Stationers worked out the conventional practices of making books, and thus made printing a viable economic enterprise with the elaborate complexity of producing a book eventually invisible to all but the practitioners in the trade.

    That's Dr. John Fell (1625-86), who was given the title of Bishop of Oxford in 1675.

    [/stock rant]

    Now, the word "theft" is the word I object. One cannot steal an idea, one cannot steal the text of a book, one cannot steal the image of a mouse. Even if it is copied and the copy is somehow proven to impact the sales payable to the original creator, it is not theft. The original creator is not denied the chance to continue to sell their creation. It is a crime to infringe the creator's rights of monopoly, but it is not "theft." Rightly, the courts have also recently been pointing out to the MPAA that their aggressive rhetoric is squarely outside the definitions of law.

    --
    [ .sig file not found ]
    1. Re:Piracy Isn't Just a Naval Term by Wind_Walker · · Score: 2, Interesting
      One cannot steal an idea, one cannot steal the text of a book, one cannot steal the image of a mouse. Even if it is copied and the copy is somehow proven to impact the sales payable to the original creator, it is not theft.
      I can't agree with that statement. The pirate receives something (a string of bits, an idea, a computer file, whatever) and gives nothing in exchange. The pirate has acquired something that, by all rights, he should have paid for.

      In copying the latest music from the 'net, you have acquired something that by all rights you should have paid for. You received something for nothing. Any way you slice it, you've stolen.

    2. Re:Piracy Isn't Just a Naval Term by Speare · · Score: 1

      The definition of theft revolves around depriving the original owner, not around the price of the item. Theft has nothing to do with what you "should have paid for;" you can still steal something that the original owner wasn't intending to sell at all.

      --
      [ .sig file not found ]
    3. Re:Piracy Isn't Just a Naval Term by mmusson · · Score: 1

      The press rightly continues to use the word 'piracy' for illicit copying and distribution of original materials.

      You also mention the would theft also. One of the judges in the Grokster case had this to say to one of the lawyers against Grokster.

      "Let me say what your problem is. You can use these harsh terms, but you are dealing with something new. And the question is, Does the statutory monopoly that Congress has given you reach out to that somthing new, and that's a very debatable question. You don't solve it by calling it theft. You have to show why this court should extend a statutory monopoly to cover the new thing. That's your problem. So address that, if you would, rather than use abusive language."
      --
      SYS 49152
    4. Re:Piracy Isn't Just a Naval Term by Richard_at_work · · Score: 1

      You deprive the origional owner of full usage of that idea, if you use it in any way shape or form.

    5. Re:Piracy Isn't Just a Naval Term by leperkuhn · · Score: 1

      if you sat down in front of the mono lisa and you were to draw an exact likeness of it, then leave with your copy, it would not be considered theft, would it?

      --
      http://www.rustyrazorblade.com
    6. Re:Piracy Isn't Just a Naval Term by Kaa · · Score: 3, Funny

      I can't agree with that statement. The pirate receives something (a string of bits, an idea, a computer file, whatever) and gives nothing in exchange. The pirate has acquired something that, by all rights, he should have paid for.

      Umm... you are reading Slashot, aren't you? You've just acquired some stings of bits, some ideas, and some computer files and have given nothing in exchange.

      THIEF!!!

      --

      Kaa
      Kaa's Law: In any sufficiently large group of people most are idiots.
    7. Re:Piracy Isn't Just a Naval Term by Anonymous Coward · · Score: 0

      So I can't steal your password?

    8. Re:Piracy Isn't Just a Naval Term by 4of12 · · Score: 1

      The pirate has acquired something that, by all rights, he should have paid for.

      All rights? Only one "right".

      The original poster was correct. The "pirate" has only infringed the "temporary right of monopoly on distribution of copies".

      In a human rights sense, this is an artificial "right" (no direct harm is inflicted on the originator of the idea because a copy of it has been made). The original purpose of granting this lucrative "right" was to encourage the production and distribution of more works by creators.

      Now, of course, the creators of works see little of the monetary gains derived from temporary monopoly status; most of the revenue goes to the distributors.

      And, unfortunately, a rational and logical analysis of whether the copyright system ought to be changed in some way to possibly encourage more creation of higher quality works will be heavily influenced by the industries that make money by virtue of the current system.

      --
      "Provided by the management for your protection."
    9. Re:Piracy Isn't Just a Naval Term by top_down · · Score: 1

      There we go again :(

      Piracy is a productive activity. Theft refers to activities that are not productive This is such an important difference that you don't want to call these activities by the same name. Pirates are illegally competing with monopolists. This is an activity very different from stealing, most importantly: it requires a very different solution.

      --
      Anyone who generalizes about slashdotters is a typical slashdotter.
    10. Re:Piracy Isn't Just a Naval Term by Wind_Walker · · Score: 1
      Yeah, you're totally wrong.

      I received those bits, yes. But they were provided to me, free of charge, by the Slashdot administrators. I did not steal anything, I took something that was being given away. That is not stealing, that is accepting charity.

      If I had to pay to read Slashdot, and I hacked into their system and read this article for free, then your argument would hold value. But as it stands, you're using a strawman.

    11. Re:Piracy Isn't Just a Naval Term by Anonymous Coward · · Score: 0

      So I can't steal your password?

      Nope, though you could certainly be convicted of certain crimes depending upon how you obtain it, and you could certainly be convicted of certain other crimes depending upon how you use it, but none of those crimes is theft (stealing).

      Well, actually I guess it could be through theft if you happen to steal an object that happens to have the password on it.

    12. Re:Piracy Isn't Just a Naval Term by Pofy · · Score: 1

      >You received something for nothing.

      By that reasoning, me giving away a book I have read is stealing (I guess the one I give the book would be the thief). So would all second hand market be. Actually, me selling a car to someone would be stealing as well, since the car manufacturer/designer/creator doesn't get money. Heck, I got an old car from my father last year, I guess I am now a thief!!!

    13. Re:Piracy Isn't Just a Naval Term by Pofy · · Score: 1

      Fortunately (or unfortunately depending on how you view it), copyright does not give the holder the right to "full usage". It only give the holder the right to a few "uses" which are mainly copying, distribution and public performance. That is it.

      Theft is a bad analogy since there are many cases were you for example "take" something (like a possible bussiness revenue) that is not illegal and also many cases were you do not take anything (for example some type of copying something were you have allready bought a copy of it) that is illegal despite nothing at all being taken.

    14. Re:Piracy Isn't Just a Naval Term by Asterisk · · Score: 1

      Acquiring something of value while giving nothing exchange is not the definition of theft. This is in itself morally neutral; there's nothing inherently wrong with acquiring value without paying for it, and in some circumstances (such as with open-source software), it's entirely appropriate.

      "Theft" is actually the removal of physical property from the posession of its owner without the owner's consent. This is impossible with all of your examples (a string of bits, an idea, etc.) because these items cannot be physically posessed; the concept of theft in the context of intellectual goods is a non-sequitur.

    15. Re:Piracy Isn't Just a Naval Term by Aidtopia · · Score: 1
      Now, the word "theft" is the word I object. One cannot steal an idea, one cannot steal the text of a book, one cannot steal the image of a mouse. Even if it is copied and the copy is somehow proven to impact the sales payable to the original creator, it is not theft.

      True, in a legal sense, plagiarism and copyright infringement aren't "theft" or "stealing." But in non-legalese, there is quite a precedent for applying these terms.

      We can say nothing but what hath been said. Our poets steal from Homer.... Our story-dressers do as much; he that comes last is commonly best. --Robert Burton (1577-1640)
      About the most originality that any writer can hope to achieve honestly is to steal with good judgment. --Josh Billings (1818-1885)
      They copied all they could follow
      but they couldn't copy my mind
      so I left them sweating and stealing
      a year and a half behind.
      --Rudyard Kipling (1865-1936)
      If you steal from one author, it's plagiarism; if you steal from many, it's research. --Wilson Mizner (1876-1933)
      Immature poets imitate; mature poets steal. --T.S. Eliot
  42. Re:Insane. Absolutely Insane. by DrJonesAC2 · · Score: 1

    I wonder what the legal ramifications would be if we all started filing these kind of lawsuits in protest of how stupid they are.

  43. I think this would make and interesting case by cmiller173 · · Score: 5, Interesting

    What if you modify the hardware in such a way that it does not facilitate copying but does get around other "access controls". The last I checked even the DMCA does not guarantee the movie studios the right to create these little geographic monopolies called "regions". The problem is that most of the hacks to make a DVD player region free also disables macrovision as well. If someone were to hack the firmware of a player to enable region free access but left the macrovision copy protection in place(as long as were at it lets also disable the crap that keeps you from skipping past the FBI warning, etc) I think a good argument could be made that you in fact have not violated the DMCA.

    1. Re:I think this would make and interesting case by jo_ham · · Score: 2, Informative

      The Macrovision is usually disabled because it fucks up the picture not only on VCRs (who copies DVDs to tape, really?!) but also on high end CRT projectors that some home cinema enthusiasts use.

      So, you can't watch your films on your $4,000+ projector because of the crippleware.

    2. Re:I think this would make and interesting case by Anonymous Coward · · Score: 0
      What if you modify the hardware in such a way that it does not facilitate copying but does get around other "access controls"

      That is still illegal:

      DMCA 1201(a)(1)(A)
      No person shall circumvent a technological measure that effectively controls access to a work protected under this title.

      Who do you think wrote this law? It was the same people that came up with region coding and restrictions on fast-forwarding.

    3. Re:I think this would make and interesting case by Anonymous Coward · · Score: 0

      Hmmm... interestnig "effectively". So at one point does it become 'effective'. Is rot13 effective? I would suggest that once any scheme has been broken, it is no longer effective...

    4. Re:I think this would make and interesting case by Alsee · · Score: 1

      What if you modify the hardware in such a way that it does not facilitate copying but does get around other "access controls".

      You are under the impression that the DMCA has something to do with copying or copyright infringment. It does not. We already had laws to deal with copying and infringment. The DMCA is strictly about circumventing access controls.

      It is *not* a crime under the DMCA to make and sell a million infringing copies of a DVD so long as you copy the entire DVD, encryption and all.

      It *is* a crime under the DMCA to circumvent the access controls even if you do so for perfectly legitimate and legal purposes.

      By the way, the "fair use" clause of the DMCA is a deception. There is no fair use defense to the DMCA because the DMCA is not about copyright infringment.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  44. Legal precedent? by erroneus · · Score: 4, Insightful

    There has GOT to be some legal precedent set somewhere that says "You cannot be sued for making or selling something that is legal when someone else does something illegal, unlawful or otherwise infinging on the rights of others using it."

    I should not be liable for murder selling a knife used to kill someone. I should not be liable for murder for selling a car that someone used to kill someone. I should not be liable for copyright infringement for selling a photocopier to someone who uses it to copy books. And I certainly shouldn't be liable for infringement for selling legally licensed chips to someone who misuses them... and neither should these chip makers.

    Surely there is legal precedent to such a simple argument.

    1. Re:Legal precedent? by Todd+Knarr · · Score: 1

      There is, specifically the Sony Betamax case that the recent Grokster decision turned on.

    2. Re:Legal precedent? by 91degrees · · Score: 1

      They're making a different argument. The MPAA's argument is that they've breached a contract that was intended to prevent this from happening.

    3. Re:Legal precedent? by Anonymous Coward · · Score: 1, Funny

      There has GOT to be some legal precedent set somewhere that says "You cannot be sued for making or selling something that is legal when someone else does something illegal, unlawful or otherwise infinging on the rights of others using it."

      You have a lot to learn about law (especially in the US), young grasshopper. Sit down at your local library and read.

    4. Re:Legal precedent? by crimethinker · · Score: 2, Interesting
      As others have pointed out, the case seems to hinge on a contract that the manufacturers signed. I'd like to point out that your reasoning, while correct, is completely ignored in today's litigious America.

      I should not be liable for murder selling a knife used to kill someone.

      So you haven't seen the lawsuits against the gun industry for selling a perfectly legal product, in a very highly regulated industry and yet they're being sued by victims of crime who decided to go after the deep pockets instead of the guilty party - the person who used the gun in a crime.

      P.S. the claim that "teddy bears are more regulated than guns" is bull - when was the last time you needed a license to buy a teddy bear? Teddy bear manufacturers are also not subject to criminal background checks, warrantless searches, and extensive documentation of every teddy bear they produce.

      I should not be liable for murder for selling a car that someone used to kill someone.

      See gun industry quote above. Or refer to the tobacco industry cases. People choose to smoke (ugh, nasty habit) and then they somehow become helpless "victims." It isn't their fault, it's the tobacco industry's fault!

      I should not be liable for copyright infringement for selling a photocopier to someone who uses it to copy books.
      Have you been to Kinko's lately? They have signs everywhere about how they will stop you from copying copyrighted materials so that they will not be held liable. I assume that Xerox has to jump through similar hoops. How about anti-counterfeiting technology that is installed in colour copiers, lest the goverment accuse the manufacturer of aiding and abetting counterfeiting?

      I was going to point out that the common thread in all of those cases was greedy f*cking lawyers, but then I thought better of it. Lawyers are involved in most of those cases, but common to all is the lack of personal responsibility.

      -paul

      --
      Pistol caliber is like religion: everyone has their favourite, and theirs is the only right choice.
    5. Re:Legal precedent? by randyflood · · Score: 1

      A knife with a blade on one side that is under a certain length is not in and of itself considered a weapon under the muplicity of uses doctrine. It can be used as a tool or as a weapon. On the other hand, if someone walks into a store and says, "I am looking to buy a knife because I want to kill my neighbor." If you sell then sell them a knife, I suppose that you could probably still expect to be open to liability.

      Likewise, with the tobacco companies. If you believe the people suing them, anyway, the tobacco companies had tons of evidence that their products were causing cancer to people, and they were pretty much lying to their customers about it and covering it up. I don't know if I agree with that assesment completely or not, but apparently some courts have. Given what I know about the companies, I can't say I am overly sympathetic.

      In any case, there are lawyers on both sides of the issue.

      --
      Randy.Flood@RHCE2B.COM
  45. No they didn't because Gun makers and Xerox.. by AzrealAO · · Score: 1

    didn't enter into contracts that restricted who they could sell the contractually licensed products too.

    This is garden variety contract law, not some sort of "sue the tool makers, not the lawbreakers" lawsuit.

  46. Re:Aided? How!? by WhatAmIDoingHere · · Score: 2, Funny

    I love how one month they're (the MPAA) claiming the highest profits they've ever had.

    And the next month, "Piracy is ruining the industry!"

    I just can't understand how these people think.

    --
    Not a Twitter sockpuppet... but I wish I was.
  47. There's a difference.... by oliverthered · · Score: 3, Insightful

    Cigarettes will fuck me up, no matter what I do. so selling cigarettes is like selling cyonide sweets, not normal sweets that may make you fat if you eat too many.

    Guns were designed to kill things, so I suppose they shouldn't really sue the manufactures for making guns, they should sue the government for letting them.

    Media-players should be designed to play media, not prevent you from playing media.

    --
    thank God the internet isn't a human right.
    1. Re:There's a difference.... by foobsr · · Score: 1

      Guns were designed to kill things ... (emphasis mine)

      Interesting twist. Like in: Last night, I shot my <whatever inanimate>-box ?

      CC.

      --
      TaijiQuan (Huang, 5 loosenings)
    2. Re:There's a difference.... by Detritus · · Score: 1

      Some people just need killin'.

      --
      Mea navis aericumbens anguillis abundat
    3. Re:There's a difference.... by Pootie+Tang · · Score: 0, Flamebait
      Cigarettes will fuck me up, no matter what I do. so selling cigarettes is like selling cyonide sweets, not normal sweets that may make you fat if you eat too many.

      Some would argue that most CDs and DVDs are trash and will rot your mind. I say people should be able to decide for themselves if they want to watch/listen. Same goes with smoking.

      Guns were designed to kill things, so I suppose they shouldn't really sue the manufactures for making guns, they should sue the government for letting them.

      Guns were designed to fire projectiles.

    4. Re:There's a difference.... by dasmegabyte · · Score: 1

      Cigarettes are also pleasant to smoke. People don't do it just because they're addicted. I smoke a pack every month or two, I'm not addicted and have never had a non psychological craving. I just like smoking. So does my wife.

      Guns were designed to kill things quickly and efficiently, thus they are more useful as a deterrant. Only a slim percentage of the guns produced have ever been used for this purpose.

      And these media players DO play media...they just don't play media they aren't designed for. Your DVD won't play Region 2 DVDs, so what? It also won't play 8mm filmstrips.

      --
      Hey freaks: now you're ju
    5. Re:There's a difference.... by Ungrounded+Lightning · · Score: 1, Flamebait

      Guns were designed to kill things,

      In that case, more than 99.98% of guns are defective because they never killed anything.

      Different guns are designed for different things. All are designed to throw pellets really fast. But what they do with the pellets are different.

      Some are intended for games. (Target shooting, shotgun games like skeet and trap, etc.)

      Some are designed for hunting. (Lots of different designs, too, for different game and different conditions.)

      Some are designed for war. (Which means trying to WOUND the guy on the other side, since that takes MORE people out of action than killing them. They make rotten hunting guns. Too likely to leave a wounded animal around instead of killing it cleanly and with less suffering than ANY other way for it to die.)

      Some are designed to protect the user from attack, by stopping a threatened attack or an attack in progress. (Just as war guns aren't intended to kill, neither are these. Unfortunately, to be effective at stopping attack, if you actually have to shoot the attacker maybe one in four he dies. Fortunately, you almost never have to actually SHOOT him. Just seeing you have a gun usually makes him stop attacking.)

      Some are designed for multiple purposes - and virtually all of them can be used for more than one thing, with varying degrees of effectiveness.

      But (like gulf clubs and vehicles), there are a LOT of different designs, each optimized for a different purpose. But virtually NONE of them (except hunting guns) are designed to kill - and of those that are, essentially all are designed to kill animals, not people.

      --
      Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
    6. Re:There's a difference.... by linzeal · · Score: 1
      Cigarettes are a disease of the poor and fashionable. When the poor cannot pay the 100's of thousands it costs for cancer treatment the taxpayers pay for it. If you were denied all free medical care for 10 years after quiting smoking than cigarettes should contine to exist in the fashion they do today. That is not the case and I'm sick of having the majority of cancer cases being preventable yet we are expected to give a fuck about the person who is ridden with a disease he chose to bring upon himself.

      I think like having a gun in which you can kill yourself and others people should have to purchase and renew a cigarette smokers liscense that excludes them from all government sponsored health care for a certain period of time. It will also make sure that if you say you are a non-smoker on your insurance you are not lying and fucking up my premiums that I can barely afford.

    7. Re:There's a difference.... by dasmegabyte · · Score: 1

      Wow, those Truth commercials got to you, too, huh?

      Incidentally, medicare coverage for cancer drugs is notoriously fowl. Taxpayers aren't paying for shit.

      --
      Hey freaks: now you're ju
    8. Re:There's a difference.... by linzeal · · Score: 1

      They paid for my Uncle's surgery and 2 years of treatment before he died. He left owing almost 200k to the state of Kentucky and the Fed. He smoked and worked in a sawmill. Got cancer in the mouth and it spread into his brain and throat.

    9. Re:There's a difference.... by penguinoid · · Score: 1

      Just thought I'd add:
      Sniper guns are designed to kill (fast!)
      Special operations guns are also designed to kill.
      Most guns are designed so that they are able to kill

      Even so, a large number of guns are bought for use only in self defense (ie, hoping to never need to use them). But I think (haven't checked) that 99.98% is a bit much, unless you also count toy guns

      --
      Don't waste your vote! Vote for whoever you want, unless you live in a swing state it won't matter anyways
    10. Re:There's a difference.... by Ungrounded+Lightning · · Score: 1

      Even so, a large number of guns are bought for use only in self defense (ie, hoping to never need to use them). But I think (haven't checked) that 99.98% is a bit much, unless you also count toy guns.

      Well, let's try this.

      There are over 300,000,000 guns in the US. (Probably much higher.)

      There are about 35,000 gun-related deaths of all kinds per year.

      So in any given year, AT LEAST 99.9983% of the guns were not involved in a gun related death.

      Assuming a gun that is used in a gun-related death is NEVER used in another, and no guns are built or retired, it still would take about 17 years to get down to the 99.98% figure.

      But more guns are being made constantly. The potential life of a gun is longer than 17 years, but the average age of guns still in circulation is probably quite a bit less than that. (We could get accurate numbers by examining the production in the last couple decades.) So the 99.98% figure is probably a bit low just on that ground.

      A much bigger factor is that a few guns are used over and over again in crimes - including multiple murders. That completely swamps the no-more-than-one-killing assumption, making the 99.98% figure significantly low.

      --
      Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
    11. Re:There's a difference.... by oliverthered · · Score: 1

      Some are intended for games: because there's not enugh things to kill.

      Some are designed for hunting: killing.

      Some are designed for war: like, that's not killing.

      Some are designed to protect the user from attack: by threatening to kill the other person.

      Come on, guns were designed to kill.

      --
      thank God the internet isn't a human right.
    12. Re:There's a difference.... by oliverthered · · Score: 1

      Wow, 200k. That's like a pention and the medical treetment costs that you'll have to pay trying to stop you dieing from 'xyz' age releated desiese.

      --
      thank God the internet isn't a human right.
    13. Re:There's a difference.... by oliverthered · · Score: 1

      What a waste, someone could have put that box to good use.
      It's people like you 'the consumer' that drive this world down.

      Next time, before shooting a box think of some poor hobo who could be using it as his home.

      --
      thank God the internet isn't a human right.
    14. Re:There's a difference.... by Anonymous Coward · · Score: 0

      Ok, deal. Just as soon as start exercising and eating right because I'm sick and tired of paying for things _you_ bring upon yourself.

  48. Re:Insane. Absolutely Insane. by Loco3KGT · · Score: 1

    Are you saying that now we can, for example, sue Ford because they produced the car that was purchased by a drunken driver who killed someone?

    Actually I would say that was established when people started suing gun companies. But that's not what this lawsuit is about.

    --
    Blessed be he who reads this post, Cursed be he who tells my boss.
  49. Re:Insane. Absolutely Insane. by TopShelf · · Score: 2

    yeah, we're getting offtopic, but...

    With tobacco, the interesting part is the "choice" involved. Personally, I don't have a problem with the fact that cigarettes are harmful to one's health, but rather the addictive power of nicotine. That's a legitimate avenue to pursue, in my opinion, as opposed to the ridiculous restrictions on advertising and other means by which government is trying to eliminate smoking.

    --
    Stop by my site where I write about ERP systems & more
  50. Re:Insane. Absolutely Insane. by Short+Circuit · · Score: 1

    Are you saying that now we can, for example, sue Ford because they produced the car that was purchased by a drunken driver who killed someone?

    They've been trying to do that to the gun industry for years...

  51. Mod this down by Anonymous Coward · · Score: 0

    The manufacturer broke a license agreement. That's the issue.

  52. Sigma and MediaTek signed contracts.. by Anonymous Coward · · Score: 1, Informative

    this is plain old contract law, period.

    This isn't some sinister, DMCA-like assault on a company's rights to sell any product they want. They signed a contract to license certain technology, and they violated the terms of that contract.

  53. Re:Insane. Absolutely Insane. by Anonymous Coward · · Score: 1, Insightful

    In Rhode Island, an automobile manufacturer (I forget if it was Ford or GM) was sued when a drunk driver killed someone with a leased vehicle. The family of the victim *won*. What's even more scary is that the highest court of RI upheld this.

    Utterly insane. It's always someone else's fault.

    These companies now refuse to lease cars in Rhode Island.

  54. uh... by WormholeFiend · · Score: 1

    pardon my ignorance, but how is region coding related to copy protection?

    AFAIK you can change the region coding in your DVD player by entering a certain combination of keys with your remote, as detailed by quite a few websites... is this illegal to do? i doubt it.

    1. Re:uh... by avdp · · Score: 2, Insightful

      On certain DVD players, usually made by not very well known Chinese companies. It's not illegal to do so, but those manufacturers may have breached their contract with the DVD-Concortium (wish gives the license to make DVD players) by allowing this.

    2. Re:uh... by tftp · · Score: 1
      But they saved a bundle on being able to sell their DVD players in any market; the seller (or even the end user) just configures the box to the region he needs.

      Otherwise it would be necessary to ship the boxes back to the factory to change the region code, and shipping alone would eat all the profit. DVD players and other electronics is made on a very small profit margin. It is said that every DVD player ($100) makes only $1 profit to the OEM. Imagine shipping that... better just to discard it somewhere in Australia than to send it back to Taiwan and then to India.

    3. Re:uh... by avdp · · Score: 1

      While the chips inside the player are generic, the players are usually made for a specific market (i.e. North American market - region 1). It is not that hard (or expensive) for a manufacturer to permanently lock a player to a single region at the factory, and in fact, most manufacturers do so. There are very few (any?) reputable consumer electronics for which you can reprogram the zones (a few earlier generation players from panasonics and others, but they've learned from their mistakes so to speak).

      Your scenario is bogus. It would not be profitable to reship the player anywhere for players that retail between $30-$100. Also zone is not the only thing that makes these players somewhat incompatible between markets. There is voltage, plugs, TV system (PAL, Secam, NTSC, etc), languages (manuals usually contain one or two languages, and the OSD is also usually in 1 to 3 languages) and packaging. In fact, the player I bought even has the zone number printed on the box (not on a label)! There goes your theory of being able to reship them right there.

      Saving a few bucks is not what these manufacturers are going after. They are going after those customers in the market for a region free player. Wether they actually leak the codes to do so, or they make it so trivial to guess - not sure which. But they fully realize this "feature" is the edge they need over their competition.

      And don't get wrong, I am not pro MPAA at all. I own one of those, and I am very happy that they found this little loophole in their contracts that allows them to do so: as a belgian, married to a Taiwanese and living in the US, a zone free DVD is essential. I just realize that they've broken their contracts in spirit, if not in law.

    4. Re:uh... by avdp · · Score: 1

      Sorry for replying to my own post - I forgot to say something important. Even if I bought your theory, it would explain that the zone is reprogrammable, it would not explain the "zone 0" (no zone at all).

      DVD drives for the PC are reprogrammable, but they look themselves to a zone after a few changes, and I've never seen a "zone 0" available on them.

  55. Still wont help... by NIN1385 · · Score: 2, Insightful
    ATTENTION MPAA!

    There will always be a way to copy movies/music and other media. You can never stop it, or my cousin that works at the chip company and sells them under the table to whoever wants them.

    LAWS DONT WORK so quit wasting your time and money and quit bitching. Drugs are a great thing to compare this to, they have been illegal for many moons but they are still everywhere because DOING THINGS THE LEGAL WAY DOESN'T WORK! Laws aren't scary until you get caught. No matter how hard you try things the legal way, it will never be as effective as hiring mercenaries instead of lawyers. Maybe we should start saving the money we waste on your cds and dvds and have you all killed by our own mercenary...now that is a plan.

    --

    If carrots got you drunk, rabbits would be fucked up. - Comedian Mitch Hedberg R.I.P. 03/30/68-2/24/05
    1. Re:Still wont help... by emtboy9 · · Score: 1

      Dude... what the fuck?

      --
      "Our funds have never taken part in toxic or death spiral convertible financings of any sort" -BayStar's managing partne
    2. Re:Still wont help... by Anonymous Coward · · Score: 0

      Yeah...if someone threatened my life I would probably quit downloading stuff.

    3. Re:Still wont help... by Anonymous Coward · · Score: 0

      Re: Region coding
      Dear MPAA,

      Fuck off.

      Yours sincerely,
      Australia

  56. My First 50 dates by lateralus_1024 · · Score: 4, Funny

    Can I sue them for My First 50 Dates?

    --
    If you think /. comments are bad, check out Digg.
    1. Re:My First 50 dates by NorthDude · · Score: 1

      Somehow, I fail to see how they can be held responsible for who you are dating ?!? ;)

      --


      I'd rather be sailing...
    2. Re:My First 50 dates by GothChip · · Score: 1
      Why?

      Didn't you get laid on any of them?

  57. But that's how you spell it!! by Anonymous Coward · · Score: 0
    What you say?? I'm no looser! I learnt all my sp311ing from the internet (scru spell check) and I KNOW this is right.

    Look!

  58. More bizarro-world by shoppa · · Score: 2, Funny
    The MPAA represents companies that want to sell movies on DVD. Obviously more DVD players will mean more DVD's sold. So they sue companies that sell DVD players?

    I'm sure they've got some harebrained legal theory, but the MPAA is hurting its member companies just to hold up legal fictions.

  59. You WILL be assimilated... by SCO_Shill · · Score: 1

    or we'll see you in court!

    --
    "If you mess with us, we're going to take you on, even to our utter destruction, whatever occurs." - Ralph Yarro (SCO)
  60. I've got an idea... by nlawalker · · Score: 2, Funny
    Why doesn't the RIAA make good use of pop up ads?

    They could just sent a browser popup or a Messenger window pop up to every IP address on the internet telling the user that the RIAA has filed a lawsuit against them for violating the DMCA by using technology invented after 1965.

    1. Re:I've got an idea... by Anonymous Coward · · Score: 0

      You're reading slashdot. No chance you had 50 dates.

  61. Fucking MPAA by t_allardyce · · Score: 3, Insightful

    Why don't these companies just say they don't make DVD chips/players. The RIAA sells CDs that violate the CD specification and it gets away with it because it doesnt sell 'CDs'. Anyway the MPAAs methods should be illigal, region coding is totally over the line and you are fully within your right to disable/bypass it for fair-use (ie buying DVDs abroad)

    --
    This comment does not represent the views or opinions of the user.
  62. Illegal to traffic by Bonewalker · · Score: 1
    If it is illegal to traffic in the technologies that allow or support circumvention of copy protection or access controls...shouldn't Sanford, the company that makes Sharpies, be gathering a group of their finest lawyers together for the inevitable lawsuits coming their way?

    "I swear Mr. MPAA lawyerman, I only bought it for schoolwork! It is required in my Art class!"

  63. Re:Aided? How!? by Anonymous Coward · · Score: 0

    They do and say whatever is necessary to maximise their personal gain. Pure psychopaths.

  64. Re:Insane. Absolutely Insane. by doombob · · Score: 1

    Some reasons that tobacco companies used to be sued was the fact that tobacco smoke was harmful to people and a) said it wasn't b) lied about it when the knew it was. Gun manufacturers are sued because of their policies that allow their guns to get into the hand of people who shouldn't legally own guns.

    The reason this seems silly is because the MPAA is suing the chip manufactures that don't have ENOUGH security features. This is like putting your stuff in storage and then suing the storage place after a robbery because they didn't have a good enough lock on the door.

  65. Bundling is coming soon by gelfling · · Score: 2, Interesting

    Pretty soon you will have to buy DVD players from the motion picture companies, and, lord willing each one will have a different standard and cost several hundred dollars each. Phase 2 will be that you have to buy your television set from motion picture companies as well and these too will all be different and incompatible from one another.

    It will be a Federal crime, to hack either DVD players or TV's to do anything other than what you pay the motion picture companies to permit you to do. On/off switches will be made illegal.

    1. Re:Bundling is coming soon by Anonymous Coward · · Score: 1, Funny

      "Pretty soon you will have to buy DVD players from the motion picture companies"

      Sooner, these companies will realize that people know they do not "have to" buy a goddamned thing.

  66. Re:Insane. Absolutely Insane. by Anonymous Coward · · Score: 0

    Tobacco is a different issue all together. Take Copenhagen snuff for example. It stinks, it is expensive, it makes your breath smell, you have to "spit" all the time when you use it, it makes your lip stick out, it eats your gums away, it stains your teeth and I am sure there is more negative effects. I chew Copenhagen snuff. I have for at least 15 years. Not for any of the above reasons. I chew it because I am addicted to nicotine. The addiction is so strong that I am able to ignore all of the adverse health effects and all of the above mentioned negative effects and still use it. I blame my self for not being able to overcome the addiction. There has not been a trigger yet that has made me quit. The nicotine patch does work to satisfy the cravings as I tried it a few times. Of course I did not go through the gradual declining doses and actually quit tobacco use though.

  67. Sadly, it might be by Anonymous Coward · · Score: 0

    If the DMCA is Constiutional, then yes, it is illegal to modify your own equipment to play DVDs from another region. This is for either software or hardware modifications or even "secret menus". Stupid yes. But it's the law.

  68. A more accurate headline by Anonymous Coward · · Score: 5, Funny

    MPAA Sues DVD Chip Manufacturers For Making Things People Want To Buy

    1. Re:A more accurate headline by mwa · · Score: 1
      Funny, yes, but probably true. If these companies are in breach of contract for selling chips to "unathorized" DVD player builders, then one has to assume the someone, somewhere, is buying those "unauthorized" players.

      Maybe the chip manufacturers are starting to realize that they're better off without the CSS contract restrictions and selling things people actually do want to buy. IIRC, it's called "meeting customer demand."

  69. Re:Insane. Absolutely Insane. by Anonymous Coward · · Score: 0

    Maybe you should go to the doctor to check to see if you have lip/gum cancer.... might that be the trigger for which you seek?

  70. IANAL, but, AFAIK, by orangesquid · · Score: 2, Informative

    Contracts are considered legally binding. The GPL is a contract. If a court deems a contract to be either enforceable or nonenforceable, it sets a precedent, which is sort of pseudo-law, but you generally do not go to jail or the federal pen for breaching a contract, unless the State, the Federal Government, or a private party files criminal charges against you. Criminal charges show up rarely in business, except for things like shoplifting, fraud, and tax evasion; usually, it's just civil charges, and those are pretty much all private party money exchange (and sometimes a way for the big guy with the good lawyers to screw over the little guy who can't afford a nice lawyer).

    I know you wanted a lawyer, but I just like the sound of "I, Anal!" (or is that Aye, Anal! Or.. Eye-Anal!)---don't you?

    --
    --TheOrangeSquid Is it any wonder things seem so awry? We swim in a sea of confusion and don't have to think to survive
    1. Re:IANAL, but, AFAIK, by Rude+Turnip · · Score: 0

      "The GPL is a contract."

      No, it isn't. The GPL is a software author giving you permission to modify/redistribute his work under certain conditions without you having to write and get permission. There is no need to read into it any more than that.

      You'll know a real software contract when you see a real one. It involves paper and signatures and *no sign whatsoever* of buttons you click on.

    2. Re:IANAL, but, AFAIK, by kfg · · Score: 3, Informative

      The GPL is a contract.

      No, the GPL is a license.

      KFG

    3. Re:IANAL, but, AFAIK, by activewire · · Score: 1

      "The GPL is a contract"
      You must be thinking of the GPC (General Public Contract)?

      GPL = General Public License.

    4. Re:IANAL, but, AFAIK, by orangesquid · · Score: 3, Informative

      Err, whoops, you're correct, but that doesn't really detract from the rest of my post.

      [ The English-language definition of contract is somewhat broader than the American legal definition, but, I was attempting to speak in legal terms. (I _did_ disclaim my non-lawyer status already, though *g*). Contracts _can_ be merely implied, if wikipedia is to be believed; I would call the GPL a weak contract in this sense, since you're agreeing to abide by the rules and regulations set forth in exchange for permissions granted to do things that may otherwise be prohibited, but, it's probably more properly called a license, to distinguish from the traditional oral or written agreement to negotiated terms of exchange. ]

      These are some good resources about contracts and contract law:
      http://www.law.cornell.edu/topics/contracts. html
      http://en.wikipedia.org/wiki/Contract
      http: //en.wikipedia.org/wiki/Breach_of_contract
      The exact nature of the GPL has been subject to some debate (http://en.wikipedia.org/wiki/GNU_General_Public_L icense), because it differs so greatly from traditional software licenses.

      --
      --TheOrangeSquid Is it any wonder things seem so awry? We swim in a sea of confusion and don't have to think to survive
    5. Re:IANAL, but, AFAIK, by mav[LAG] · · Score: 1

      I'm not sure if you're trolling but nowhere does the GPL attempt to be a contract. Its use of the word "accept" is just like for any other kind of license: "do you accept the terms of this license?" If yes, then fine - here are the terms. If not then sorry, nothing else gives you permission to distribute the software.

      That process is the same for any license. A license just gives a licensee permission to do what he otherwise wouldn't be allowed to, fishing on someone else's private property (a fishing license) or copying, distributing and modifying someone else's copyrighted work (the GPL). If the licensee doesn't "accept" the terms of the license then he doesn't have permission from the licensor and other laws kick in (trespassing and copyright laws in my two examples). But there are no requirements or agreements signed beforehand that must be honoured a la a contract.

      And the "mode of assent" has nothing to do with whether there are contractual obligations in the GPL or not.

      --
      --- Hot Shot City is particularly good.
    6. Re:IANAL, but, AFAIK, by orangesquid · · Score: 1

      Heh... good point.

      ( Man, you say one-quite-perfect thing on /., and you won't believe how quickly your inbox can fill up... *g*)

      --
      --TheOrangeSquid Is it any wonder things seem so awry? We swim in a sea of confusion and don't have to think to survive
    7. Re:IANAL, but, AFAIK, by orangesquid · · Score: 2, Interesting

      Hmm, it seems that I accidentally started a small debate from my categorical error (or misnomer, seen from the other end). I've learned an awful lot about contracts versus licenses today =D I had always considered a license a diminuitive form of a contract, but, touche.

      It seems to me that this is the simplest way of defining it:

      License = you gain something you did NOT have before (previously, you were prohibited), often via purchase, or through acceptance of terms of usage (which is an agreement, but not a "contractual agreement" in the courts). Licensing is like letting a kid borrow your calculator for an evening if he gives you a couple dimes.
      Contract = some sort of definite terms of agreement (very broad); generally, there is an exchange of goods/services/money. Contract can be used in a broad sense, but it has a specific legal meaning.

      Or something like that. I give up. Time to go home now...heh.

      --
      --TheOrangeSquid Is it any wonder things seem so awry? We swim in a sea of confusion and don't have to think to survive
    8. Re:IANAL, but, AFAIK, by Brandybuck · · Score: 1

      If the typical EULA is a contract, then so is the GPL, for both operate under the same mechanism: the requirement to agree to the license before gaining any rights or permissions.

      The GPL is also like the typical EULA, in that you can LOSE YOUR RIGHTS if you do not follow the specified conditions and restrictions. According to RMS, you lose your rights until such a time as you formally apologize.

      --
      Don't blame me, I didn't vote for either of them!
    9. Re:IANAL, but, AFAIK, by mav[LAG] · · Score: 1

      If the typical EULA is a contract, then so is the GPL, for both operate under the same mechanism: the requirement to agree to the license before gaining any rights or permissions.

      I don't really follow this logic: if EULAs are contracts, then then so is the GPL because both require assent? Nonsense. Firstly, the GPL is not a EULA. There is nothing in it which restricts usage. It only affects distribution.
      Secondly, although some EULAs may think they are contracts or try and impose contractual obligations, there is no mutual agreement entered into between the parties beforehand, nothing that specifies payment made for good or services received or penalties under contract law. It's just a license - permission to do something which you otherwise would not be allowed to do.
      Thirdly, the difference between contracts and licenses is far more than their similarities. I might just as well try and tell a court that homicide and illegal hunting are the same because in both cases I pulled a trigger but I wouldn't get very far.

      The GPL is also like the typical EULA, in that you can LOSE YOUR RIGHTS if you do not follow the specified conditions and restrictions.

      Other way around: the GPL GIVES YOU RIGHTS that you wouldn't otherwise have - permission to copy, modify or distribute someone else's copyrighted works. If you don't accept its terms, then you don't have those rights in the first place. Simple.

      According to RMS, you lose your rights until such a time as you formally apologize.

      Heh - thanks for the coffee out the nose. I'm sure SCO will get back their rights once they formally apologize for distributing IBM's copyrighted code without a license. Oh didn't you hear? SCO has been distributing Linux without a license to do so. Linux includes a considerable body of IBM"s copyrighted code so IBM is taking them to court. SCO can either fork out damages under copyright law (not contract law) or it can wave their license - the GPL - and get off. It can't really do the latter though since it says the GPL is unenforceable, null and void.

      --
      --- Hot Shot City is particularly good.
    10. Re:IANAL, but, AFAIK, by Neil+Rubin · · Score: 1
      Thirdly, the difference between contracts and licenses is far more than their similarities.
      No doubt, but it doesn't follow that EULAs or the GPL are not, in fact, both licenses and contracts. Calling something a license does not mean that it can't be a contract as well, and in fact it is common for documents that look like what the layperson would call a contract, a negotiated written document signed by both parties, to in fact function as both a contract and a license, and perhaps some other things as well.

      In U.S. law, perhaps the definative definition of "contract" is that in the Restatement (Second) of Contracts, section 1:

      A contract is a promise or a set of promises for the breach of which the law gives a remedy, or the performance fo which the law in some way recognizes as a duty
      A distributor who elects option (b) under section 3 of the GPL is indeed making such a promise, namely a promise to distribute source code to anyone who requests it for a period of at least three years, in exchange for a license from the copyright holder.
      although some EULAs may think they are contracts or try and impose contractual obligations, there is no mutual agreement entered into between the parties beforehand, nothing that specifies payment made for good or services received or penalties under contract law. It's just a license - permission to do something which you otherwise would not be allowed to do.
      What prevents the typical shrinkwrap EULA from being legally enforcable is not any distinction between licenses and contracts. Rather it is the lack of legal consent by the recipient of the software license. Courts which have rejected shrinkwrap agreements have generally found that a contract was formed at the time of sale, including an implicit license to use the software. Presenting the user with the terms of the shrinkwrap agreement after this sale then is viewed as an attempt to modify this contract, and this modification is found to fail because either the user does not perform acts sufficient to manifest assent to the modification or because the changes only benefit the copyright holder and thus lack the mutual exchange generally required for a contract to be enforcable. See, e.g., Klocek v. Gateway, Inc. , 104 F. Supp. 2d 1332 (D. Kan. 2000) (refusing to enforce an arbitration provision in Gateway "Standard Terms" provided inside a computer box).
    11. Re:IANAL, but, AFAIK, by Neil+Rubin · · Score: 1
      You'll know a real software contract when you see a real one. It involves paper and signatures and *no sign whatsoever* of buttons you click on.
      Hogwash. Most U.S. states only require certain types of contracts to be written and signed, e.g., contracts for sale of interests in land, contracts not to be performed within one year, contracts made in consideration of marriage, suretyship contracts, certain contracts made by executors or administrators of estates, contracts for over a certain dollar value, or contracts for sales of goods for a price of over $500.

      Since software is generally not considered to be a "good" for legal purposes, most contracts involving contracts do not legally require a writing or signatures. An oral agreement or other behavior indicating mutual assent is generally sufficient. That doesn't mean, of course, that there aren't very good reasons to make such a contract in writing.

    12. Re:IANAL, but, AFAIK, by mav[LAG] · · Score: 1

      No doubt, but it doesn't follow that EULAs or the GPL are not, in fact, both licenses and contracts. Calling something a license does not mean that it can't be a contract as well, and in fact it is common for documents that look like what the layperson would call a contract, a negotiated written document signed by both parties, to in fact function as both a contract and a license, and perhaps some other things as well.

      Fair enough, but I think the GPL is very carefully and deliberately worded as a license and nothing more.

      A distributor who elects option (b) under section 3 of the GPL is indeed making such a promise, namely a promise to distribute source code to anyone who requests it for a period of at least three years, in exchange for a license from the copyright holder.

      I think you're wrong but fascinatingly so :) It took me a while to pin down what I think is wrong with that argument and it's this: that promise is not enforced under contract law. It's just part of a classical unilateral permission to use someone else's copyrighted work and hence must be enforced under copyright law. To quote Eben Moglen:

      A contract, on the other hand, is an exchange of obligations, either of promises for promises or of promises of future performance for present performance or payment. The idea that 'licenses' to use patents or copyrights must be contracts is an artifact of twentieth-century practice, in which licensors offered an exchange of promises with users: 'We will give you a copy of our copyrighted work,' in essence, 'if you pay us and promise to enter into certain obligations concerning the work.' With respect to software, those obligations by users include promises not to decompile or reverse-engineer the software, and not to transfer the software.

      Presenting the user with the terms of the shrinkwrap agreement after this sale then is viewed as an attempt to modify this contract, and this modification is found to fail because either the user does not perform acts sufficient to manifest assent to the modification or because the changes only benefit the copyright holder and thus lack the mutual exchange generally required for a contract to be enforcable.

      Aha - thanks.

      --
      --- Hot Shot City is particularly good.
    13. Re:IANAL, but, AFAIK, by Brandybuck · · Score: 1

      Firstly, the GPL is not a EULA. There is nothing in it which restricts usage.

      A contract is not limited to mere usage. I claim that EULAs and the GPL are similar in that they both require acceptance of the license before the permission specified within are granted. It is their legal form which is similar, and not their particular enumeration of rights and non-rights.

      there is no mutual agreement entered into between the parties beforehand

      I agree. I personally do not believe that EULAs are bona fide contracts. Neither do I think the GPL is a contract. I stated this earlier, if you forgot. However, the form of the GPL is that of a contract. My only assertion is that *if* a EULA is a contract, *then* so is the GPL, on the basis that they use identical mechanisms to grant/impose rights and restrictions upon the user.

      Other way around: the GPL GIVES YOU RIGHTS that you wouldn't otherwise have

      But according to the GPL, you MUST agree to the license before getting them. To quote: "These actions are prohibited by law if you do not accept this License." This is far more than the mere granting of permission.

      Sidenote: there's also some small dispute as to certain pre-existing rights that are taken away under the FSF's interpretation of the GPL. Namely, the FSF asserts that certain classes of run-time linkage are indicative of derivation, even though copyright law says nothing to afirm this. Also the next version of the GPL will probably contain restrictions on usage to close the "web application" loophole.

      Heh - thanks for the coffee out the nose.

      The apology is necessary, but not sufficient. I should have added, "...and correct your non-compliance." After SCO corrects their non-compliance and apologizes to the licensors, then they'll get their rights back.

      But I was referring to Richard Stallman's remarks regarding Trolltech's placement of Qt under the GPL. Most KDE developers had coffee shooting out their noses as well when the heard his statements that day. His later clarifications made it clear that he believes a formal apology is necessary to regain any lost rights under the GPL.

      In case you need reminding, the RMS forgiveness statement can be found at Linux Today.

      --
      Don't blame me, I didn't vote for either of them!
    14. Re:IANAL, but, AFAIK, by Rude+Turnip · · Score: 1

      A contact, written or verbal, also requires the parties to know one another. I don't think Linus & friends know me.

    15. Re:IANAL, but, AFAIK, by swillden · · Score: 1

      A distributor who elects option (b) under section 3 of the GPL is indeed making such a promise, namely a promise to distribute source code to anyone who requests it for a period of at least three years, in exchange for a license from the copyright holder.

      Yes, but no.

      If the GPL is a contract, who are the contracting parties? The copyright holder and the distributor, right? Now, to whom is the commitment to provide source code made? To the recipient of the offer (or anyone they give it to, etc.).

      The GPL is a pure grant of permission, with some specification of how the permission is to be exercised. If a distributor provides the written offer along with the binary, then the terms of the GPL have been satisfied, even if the distributor later fails to make good on the offer. The GPL's language only requires that the offer be provided. The GPL only places constraints on how you go about exercising the granted permissions of copying, distribution and modification, it creates no obligations.

      The GPL is purely one-sided.

      This is actually very interesting, because it makes the GPL more powerful than any license that creates future obligations on anyone who accepts it. Any license that does that is clearly also a contract, by definition. And any contract is subject to a judicial review of the contract, which review could potentially find the contract invalid. But the GPL, as a pure license, is not subject to the vagaries of contract law. The only determinations to be made in court are:

      1. Did the distributor/modifier comply with the terms of the license when (s)he distributed/modified? (Interpretation of the terms and decisions about whether or not the software was actually distributed/modified have to be made).
      2. If not, did the distributor/modifier have some other permission for distributing/modifying? (Since the GPL's permission was not exercised).
      3. Would the defendant like to negotiate a settlement with the plaintiff?

      Very, very clever, actually.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    16. Re:IANAL, but, AFAIK, by Neil+Rubin · · Score: 1

      If the GPL is a contract, who are the contracting parties? The copyright holder and the distributor, right? Now, to whom is the commitment to provide source code made? To the recipient of the offer (or anyone they give it to, etc.).

      Let A be the copyright holder and B the distributor. B promises to offer the source code to C, D, E, etc. The offer is to C, but the promise is to A. The offer by itself may not be legally enforceable. In general, the offer would need to be part of an agreement in which B received something from C, or B must have reasonably expected the offer to induce action on the part of C.

      What is almost surely enforceable, however, is B's obligation under the GPL to make (and by implication to honor) the offer.

      The GPL is a pure grant of permission, with some specification of how the permission is to be exercised. If a distributor provides the written offer along with the binary, then the terms of the GPL have been satisfied, even if the distributor later fails to make good on the offer. The GPL's language only requires that the offer be provided. The GPL only places constraints on how you go about exercising the granted permissions of copying, distribution and modification, it creates no obligations.

      Really? You think that I'm complying with the GPL if I make an offer to distribute source with no intention of honoring the offer? I agree that it's a plausible literal reading, but it is a reading that entirely defeats the aims of the GPL and I find it extremely hard to see a court accepting it.

      Whatever doctrinal boxes you want to put the GPL into, the intended effect is clearly to require people who distribute the covered code in binary form to also either distribute the source code with the binaries, or to promise to provide the source code to anyone who wants it. It is clear, to me at least, that the intent is that this promise be legally enforceable. Why else go to all the trouble?

      To the legally trained (I'm a law student, by the way), there is a word for an enforceable promise: contract. To a lawyer or a judge, in the U.S. at least, if it's a promise and it's not a contract, it's not legally enforceable.

      That said, it appears from the wording that Prof. Moglen was intentionally trying to avoid making the GPL look like a contract. Taking the language literally, when B accepts the GPL he is not making any promises to A to be performed in the future. He is merely obligated to make an offer to C at the same time as he exercises his rights to distribute under the license. As long as someone plans to enforce that offer, however, there has to be a contract with someone.

      The GPL is purely one-sided.

      Well, the intent of the GPL is to enforce a reciprocal exchange. It is clearly intended to induce persons to distribute the software, possibly modified, and make the source code available to all users. It could have achieved this goal by requiring anyone distributing binaries to distribute source simultaneously, but in a nod to practicality it allows distributors to merely promise to make the source code available in the future. As such, the effect is not merely allowing distribution only in certain ways. Rather, the effect of section 3(b) is to allow distribution in exchange for certain promises. Granted, the terms are set entirely by the copyright holder, but to this legally trained mind, it sure looks like a reciprocal exchange to me.

      This is actually very interesting, because it makes the GPL more powerful than any license that creates future obligations on anyone who accepts it. Any license that does that is clearly also a contract, by definition. And any contract is subject to a judicial review of the contract, which review could potentially find the contract invalid. But the GPL, as a pure license, is not subject to the vagaries of contract law. The only determinations to be made in court ar

    17. Re:IANAL, but, AFAIK, by Neil+Rubin · · Score: 1
      A contact, written or verbal, also requires the parties to know one another. I don't think Linus & friends know me.
      Where did you get that idea? A contract in the U.S. generally requires at least two parties of sufficient mental capacity, mutual assent, terms definate enough to be enforced, possibly a signed writing depending on the subject of the contract. There is no requirement that the parties ever engage in mutual communications, let alone that they know each other.

      Suppose I publish an ad offering $1 million to the first person to walk on Mars, so long as it occurs before 2020. If someone I've never met shows up at my doorstep with proof that she has just walked on Mars, then my promise to pay her $1 million is enforcable as a contract, so long as I have not revoked the offer prior to her successful performance. U.S. law students will recognize this as a "unilateral contract," as neither part is bound until one of them has performed, but it is certainly treated as a contract, despite the fact that the astronaut and I communicated only through a one-way newspaper ad. (Of course, good luck collecting $1 million from me...)

      This is no different from the GPL case where I read the "COPYING" file included in the kernel tarball by Linus, for example, and I accept the license/contract through the act of copying, modifying, or distributing the kernel.

    18. Re:IANAL, but, AFAIK, by Neil+Rubin · · Score: 1
      It took me a while to pin down what I think is wrong with that argument and it's this: that promise is not enforced under contract law. It's just part of a classical unilateral permission to use someone else's copyrighted work and hence must be enforced under copyright law.
      The problem is that any contract can be recast as unilateral permission with certain conditions. You say that A made a contract to pay B $10,000 for B to paint A's house. I say that A unilaterally gave B permission to take $10,000 from A's bank account on the condition that B paint A's house first.

      I think you have the right idea, however, in looking at available legal remedies in deciding what to call the GPL. I would argue that under certain circumstances, contract remedies are available for breaches of the GPL. In particular, suppose that A is the copyright holder, B is a distributor who has elected option (b) under section 3 of the GPL, and C is recipient of a covered binary, not necessarily from distributor B. I think that C as an intended third-party beneficiary of the section 3(b) agreement between A and B should be able to sue to enforce it, even if A herself is for some reason no longer interested in enforcing it. Third-party beneficiaries are allowed to bring such a suit under contract law, but not under copyright law alone. Since the GPL generally will satisfy all the legal requirements of a contract, I see no reason for a court not to allow such a suit, and in this suit, the GPL would clearly be functioning as a contract.

    19. Re:IANAL, but, AFAIK, by Pofy · · Score: 1

      >A contract is not limited to mere usage. I claim
      >that EULAs and the GPL are similar in that they
      >both require acceptance of the license before
      >the permission specified within are granted.

      Out of curiosity, what rights would the typical EULA in your opinion give that you don't otherwise have. Typically they want to give an impression that due to copyright issues, you need some permissopn to use the software. There is no such need to get a permision, copyright does not give use as an exclusive right to a copyright holder. Since distribution and copying (apart from copying in the computer when you run the program which most copyright laws actually don't consider a copyright infringement), there is no need for any permision for those rights either for a typical user. So what in an EULA do you actually NEED?

    20. Re:IANAL, but, AFAIK, by Pofy · · Score: 1

      >A contract in the U.S. generally requires at
      >least two parties of sufficient mental capacity,
      >mutual assent, terms definate enough to be
      >enforced, possibly a signed writing depending on
      >the subject of the contract.

      A question about the mutual assent and how it works in the US. When and how is the mutual assent determined? When I studied contract law here in Sweden, one of the requirements for a contract was that the assent (done on an offer) actually reached the one making the offer.

      That is, it is not enough to simply think in your head that you agree, it is not enough to write it down, or even to send it away, as long as the agreement has not reach the other part, you can intercept it and void it and there will never have been a contract.

      This is interesting in cases of EULA for example since very often the agreement does not reach the other part (the software company) and a computer program is not a legal entity that can enter into agreements (or work on behalf of the software company).

    21. Re:IANAL, but, AFAIK, by Aneurysm9 · · Score: 1

      It is necessary that you communicate your assent or take actions which reasonably convey the appearance that you assent. Taking the walking on Mars example from before, if you walk on Mars that is action indicating your assent to the terms (and, indeed, performance of your part of the contract). There is no requirement that the offeror be aware of your acceptance unless such a requirement is part of the offer.

      --
      There was Cowboy Neal at the wheel of a bus to never-ever land.
    22. Re:IANAL, but, AFAIK, by Brandybuck · · Score: 1

      It doesn't matter that the "contract" of a EULA takes away your rights, and the "contract" of the GPL gives you some rights. The main point is that they're both in the form of a contract. It doesn't matter how many freedoms the GPL gives me, if I have to agree to it before receiving them then it is taking the form of a contract.

      Don't mistake my arguments as being pro-EULA and anti-GPL. I am doing nothing of the sort. I am merely trying to correct a commmon misconception.

      --
      Don't blame me, I didn't vote for either of them!
    23. Re:IANAL, but, AFAIK, by swillden · · Score: 1

      Taking the language literally, when B accepts the GPL he is not making any promises to A to be performed in the future. He is merely obligated to make an offer to C at the same time as he exercises his rights to distribute under the license.

      Exactly.

      As long as someone plans to enforce that offer, however, there has to be a contract with someone.

      Right, but it sure looks to me like the enforceable promise is the one made to C. Wouldn't that constitute a contract between B and C?

      You think that I'm complying with the GPL if I make an offer to distribute source with no intention of honoring the offer? I agree that it's a plausible literal reading, but it is a reading that entirely defeats the aims of the GPL and I find it extremely hard to see a court accepting it.

      IMO, what the court cares about is that the written offer was made, creating a contract between B and C that was then breached when B refused to perform.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    24. Re:IANAL, but, AFAIK, by Pofy · · Score: 1

      I was actually only commenting (or asking about) what persmissions in the EULA you actually need to agree tom that is, what is GIVEN in the EULA that you don't allready have. I was not commenting on the similarities of a EULA and a GPL or if they are contracts or not.

    25. Re:IANAL, but, AFAIK, by Pofy · · Score: 1

      Doesn't this mean that just having the thought of agreeing makes you bound by the contract? Sure, hard to prove but still? Also, what type of "action" is allowed? For example, me sending you a note that if you walk on the left side of the street to going to work to morrow, you agree.... Does the fact that you walk on the left side makes you agree to it? That can lead to absurd situations.

    26. Re:IANAL, but, AFAIK, by mav[LAG] · · Score: 1

      I agree. I personally do not believe that EULAs are bona fide contracts. Neither do I think the GPL is a contract. I stated this earlier, if you forgot.

      I did actually - too hung up on the GPL is a contract argument...

      However, the form of the GPL is that of a contract. My only assertion is that *if* a EULA is a contract, *then* so is the GPL, on the basis that they use identical mechanisms to grant/impose rights and restrictions upon the user.

      OK - I follow. I'm still a bit hazy on the similarities though - ...goes to look at a standard EULA...

      But according to the GPL, you MUST agree to the license before getting them. To quote: "These actions are prohibited by law if you do not accept this License." This is far more than the mere granting of permission.

      I think because herein lies the Giant Hack of Copyright that copyleft achieves. If it was straight copyright we're all talking about then it would be pretty clear. Likewise if it was a straight contractual thing, no problem. But because it's the Drawing Hands version that combines both, you can't seperate them. I'm starting to believe the GPL really does have some contractual elements. If only more /. arguments were like this - well argued, polite, convincing etc...

      The apology is necessary, but not sufficient. I should have added, "...and correct your non-compliance." After SCO corrects their non-compliance and apologizes to the licensors, then they'll get their rights back.

      That would be a climbdown and a half.

      But I was referring to Richard Stallman's remarks regarding Trolltech's placement of Qt under the GPL. Most KDE developers had coffee shooting out their noses as well when the heard his statements that day. His later clarifications made it clear that he believes a formal apology is necessary to regain any lost rights under the GPL.

      Good grief. You're absolutely right. Dunno how I missed this but it confirms that the man is even further out than I thought - and I'm a Gnome-using, GPL-advocating kind of person.

      --
      --- Hot Shot City is particularly good.
    27. Re:IANAL, but, AFAIK, by Neil+Rubin · · Score: 1
      IMO, what the court cares about is that the written offer was made, creating a contract between B and C that was then breached when B refused to perform.
      The problem is that merely making an offer doesn't necessarily create an enforcible contract. The two biggest problems I see are:
      1. For a contract to exist in Common Law countries like the U.S., U.K., etc., there must be "consideration." Basically, each party must give up something. This means, for example, that promises to give gifts are not enforceable (there is generally an exception recognized for promises of gifts to charities, which can be enforceable). It is possible to argue that the offer to provide source is given in exchange for the purchase of the software product, in which case the sale and offer would form part of a single enforceable contract. It is easy to imagine, however, factual situations where this is not a plausible description of transaction between B and C, particularly when it comes to B's obligations to offer source code to D, E or F, who did not participate in the distribution of code from B to C that triggered B's obligation to make an offer under section 3(b) of the GPL.
      2. Again in Common Law, offers can be freely revoked, assuming that they have not yet been accepted. (There are sometimes exceptions for offers that are by their terms irrevokable.) If you want to read 3(b) of the GPL narrowly so as to avoid any ongoing obligation from B to A, then B can comply with the literal terms of the GPL by distributing the binary code for sale, along with an offer to provide source code, and then immediately revoking the offer.
      Of course, courts do have some tool available for dealing with such funny business, e.g., promissory estoppel. To invoke this, however, someone seeking to enforce the promise, say D, must prove that D reasonably relied on the promise, that B should have foreseen that D would rely on the promise, and that as a result D "to his or her loss acts or fails to act and suffers an injustice that can only be avoided by enforcement of the promise." It will be extremely difficult to make this sort of showing in the case of hobbyist programmer whose only loss is lack of access to source code he otherwise had no connection to.

      In contrast, a court should have no problem enforcing B's promise to A, based on B's acceptance of the GPL. I can't see a court having any trouble finding a contract between A and B based on GPL section 3(b), and the remedies available based on such a contract are possibly very helpful to the GPLed-software author and his community.

      I would note further that Prof. Moglen, while rightly pointing out that the most important remedies for enforcing the GPL are copyright remedies, not contract remedies, does not seem at all confident that a court will not treat the GPL as a contract. All of the capitalized text about express and implied warranties is really only relevant if you think it's a contract. Implied warranties generally exist only for sales (which are always treated as contracts in U.S. law), and only for sales of goods at that. Harms caused by property that is used under a license are generally only recoverable under tort, not warranty.

  71. Let me get this straight... copying movies is bad? by macz · · Score: 1

    So if I use DVDShrink or a similar tool to easily and quickly duplicate or resample DVD's then Julia Roberts goes homeless and has to sell herself for scratch tickets?

    I like those odds!

    --
    ...But I digress. TREMBLE PUNY HUMANS!ONE DAY MY SPECIES WILL DESTROY YOU ALL!
  72. mod parent up by tuc · · Score: 1

    I found it informative. I didn't know such beasts existed. Now I (think I) want one.

    --

    You write your nine symphonies, then you die.

  73. Re:Insane. Absolutely Insane. by fitten · · Score: 1

    That's a legitimate avenue to pursue, in my opinion, as opposed to the ridiculous restrictions on advertising and other means by which government is trying to eliminate smoking.

    The weight of the cost for government medical care for all of the people who smoke and can't afford to pay their own health bills or afford insurance that will cover it causes my taxes (I'm not a smoker although everyone else in my family is) to go up to support this harmful habit that others "choose" to do. I feel that if others can "choose" to keep this habit, then I should be able to "choose" whether or not to pay the taxes required to support their partaking of this habit.

  74. Where's this proof?-RTFP. by Anonymous Coward · · Score: 0

    "I still haven't seen a single piece of documentation that can dirrectly link a damage to the music industry as a result (even in part) by file-sharing."

    And if there were? Would the Slashdot, or pirate crowd actually pay attention to it? Having proof doesn't mean that a wrong is suddenly corrected. People aren't suddenly going to go "Oh how could I be so blind? I'll be good from now on."

    In fact I'll put up $10 that says that the majority would either:

    a) Ignore it.
    b) Laugh at it, then ignore it.
    c) Proceed to discredit it, no mater how ironclad, just because of it's source.
    D) Makes excuses that have nothing to do with what it actually says.

    1. Re:Where's this proof?-RTFP. by jb_02_98 · · Score: 1

      I understand your point. Evidance won't change what is happening either way. I would like to see if sharing has hurt or helped the industry.

      Personally, I don't copy music or video using p2p technology. I download large ISO files to burn cd's of my favorite distro of linux. I think that the parent of your post was making the point that they are attacking something that isn't hurting them at all. Its like me going after the speeders to try and reduce the armed robberies in a city. They may both be crimes, but one is doing much more damage.

      This post is referring more to p2p, but I think it applies in many differant situations, including this one.

  75. to gain other things than immeadiate cashflow by Anonymous Coward · · Score: 0

    To get recognition for the artistic merit of a project.

    To get your project exposed to the people who follow
    independant films.

  76. Just like Ye Goode Olde Dayes by serutan · · Score: 5, Funny

    Thanks to Intellectual Property, the feudal system lives!

    Hunt thou not in the King's Forest, knave! Double not thy clicks, nor singly if for commerce they be. Scribe ye not the holy GIF format, nor the code of Linux employ within thine enterprise, lest ye suffer sorely in combat with the royal tort attorneys!

    1. Re:Just like Ye Goode Olde Dayes by Anonymous Coward · · Score: 0

      Sadly it's true.

  77. Lik-Sang to the rescue (Was:Just annoyances any..) by hfcs · · Score: 2, Informative

    Among other choices... Provision+ DVD Decoder I have it on good authority that it works like a champ, although I personally would never own anything like this that would allow me to circumvent a content protection system. :-)

    On-on!

  78. DMCA Circumvention by Anonymous Coward · · Score: 0

    so let me get this straight under the DMCA a computer is illegal, Its a wonderful device that can bypass the best of it all.

  79. How clueless can you get! by blitz-krieger · · Score: 2, Interesting

    The MPAA suing chip manufactures for allowing "pirated" copy protection to be played on DVD players? This only shows me how clueless MPAA really is about how DVD's are actually copied.

  80. The deep point: sued by decode divx/xvid by faragon · · Score: 1

    More or less rethorical, I see this suing hit/act just as a reply to these companies: they are two of the few that sell MPEG2+MPEG4+ARM on-a-chip solution, allowing the user to watch DivX and XVID streams (I have one witch includes one Mediatek 1389GE, the whole aparatus was just 50 euro (16% VAT included)).

    May be this was just a desperate action, stopping people enjoing 5 or 6 films on a DVD-R disk in a row. What a paradise.

  81. Piracy Isn't Just a Naval Term-Stubborn. by Anonymous Coward · · Score: 0

    "Now, the word "theft" is the word I object."

    The act is now dubbed. "Hubert's Revenge". Better?

    "One cannot steal an idea, one cannot steal the text of a book, one cannot steal the image of a mouse. Even if it is copied and the copy is somehow proven to impact the sales payable to the original creator, it is not theft. The original creator is not denied the chance to continue to sell their creation. It is a crime to infringe the creator's rights of monopoly, but it is not "theft." Rightly, the courts have also recently been pointing out to the MPAA that their aggressive rhetoric is squarely outside the definitions of law."

    How about we simply cut to the chase and simply choose two stock Slashdot paths. Either dueling websters, or just ignore me because I'm an AC.

    We both know that there is a group that will accept no answer that runs counter to what they want to do. So once again why are we even bringing up the subject repeatedly on Slashdot? Are more people suddenly going to be enlightened? Is the world going to be a better place after all the talking's done?

  82. library? by phishfood · · Score: 1

    if i were to make a copy of a dvd that i can borrow for free at the library, at any time i wish, is that a crime?
    if i were to copy a complete book by hand to enjoy again in the privacy of my own home, is that a crime?

    1. Re:library? by TheoMurpse · · Score: 1

      "if i were to make a copy of a dvd that i can borrow for free at the library, at any time i wish, is that a crime?
      if i were to copy a complete book by hand to enjoy again in the privacy of my own home, is that a crime?"

      the answer to both of your questions is a resounding "YES, YOU IDIOT."

  83. Dark Mushy Cartoon Apathy by DamienMcKenna · · Score: 1

    The DMCA in the US makes it illegal to use a device that could be used to decrypt encrypted data, to use it, to make it, to obtain it from someone, but not to have it sitting on your mantle-piece. So if you can't make it, or get it from someone else, how do you get it?

    Damien

    1. Re:Dark Mushy Cartoon Apathy by sadler121 · · Score: 1

      You can always get it from a distributor outside the US, and as long as you are not distributing it inside the US your OK. ;-)

  84. Region system - prevents sales, encourage pirates by Anonymous Coward · · Score: 1, Insightful

    "Actually, regional DVD's aren't about price fixing as much as it has to do with selling rights"

    No, it is about discouraging sales and encouraging cracking and duplication. I have many CDs from outside my region. The company does not produce them for my region, and never intends to. I have to "crack" them using a computer utility and then burn watchable ones in order to view the out-region DVDs I bought. What a hassle. It is insane.

    ", if you buy a region free DVD player, you're stealing from the producer,"

    You are not stealing from anyone. It is impossible to steal using such a device.

  85. Re:Lyric Nitpick... by Anonymous Coward · · Score: 0

    Yup,

    If you listen to the MegaDeath redo then you just plain suck.

    Long Live Jonny Rotton

  86. Nothing stolen by Anonymous Coward · · Score: 0

    " Any way you slice it, you've stolen. "

    Correction: no way you slice it. If theft does not occur, nothing is stolen. If unauthorized duplication is theft, then it is rape and murder too.

    1. Re:Nothing stolen by westlake · · Score: 1
      If unauthorized duplication is theft, then it is rape and murder too.

      Historically, rape and murder have often been defined as theft or trespass. To avoid the evils of private vengeance there has to be a way to get the aggressor into civil, if not criminal, court even if the victim is no longer able or willing to speak, Framing the solution as a property right sounds awkward and demeaning to modern ears. But it works.

  87. Re:Insane. Absolutely Insane. by jav1231 · · Score: 1

    What's your point? That doesn't begin to justify the lawqsuits that came out. Since the 70's the Surgeon General Warning's have been on the pack. Only in the early 90's did these suits come about. Oh yeah, anyone know if any individuals got a penny? Very few. Most of the money went to states. It was simply redistribution. If you want to go after them for lying then do so, but to justify extortion this way is a joke. As for guns, if you don't realize that people kill people, perhaps you need to spend some time at the bad end of a gun. Suing gun manufacturers is idiocy. Anyone who would attempt to try to justify it in the current frame of "so many people are being shot" is an extortionist. (Bill Campbell, do you hear me?)

  88. might not be breach of contract by tuc · · Score: 1
    I think this suit is about a breach of contract. The chip makers have a contract with the MPAA(or some related org) that they will only sell to approved DVD player manufacturers. The chip maker signed the contract and then breach.

    But did they really breach the contract?

    I'm just making this up, but presumably Sigma and MediaTek licensed code years ago from the MPAA to allow them to produce chips that can decode DVDs. Later they realize they can create equivalent chips without using any MPAA code, so they do.

    Are they restricted to whom they can sell these new unencumbered chips? I dunno. I suppose it depends on the terms of their contract with the MPAA.

    --

    You write your nine symphonies, then you die.

  89. My business terms... by KjetilK · · Score: 2, Interesting

    It's still pretty easy to make DVD player region-free. I mean, it's not illegal to modify your own hardware now is it?

    Well, it is legal where I live (Norway), but many others can be thrown in jail for this. Nevertheless, I'm not doing it: Even if I can make myself a region-free DVD player, if they don't respect me as a customer enough to sell me one without that crap, they're not getting my money. Those are my terms. I know that it may imply that I can't play some DVDs that refuse to play on region-free players, but again, I don't care, I won't be interested in those DVDs anyway.

    Come to think of it, these companies sound like they may be worthy of my business. Anybody know where I can get a region-free DVD player for my box, that is, one that fits in a 5.25" slot?

    Actually, I think I could even use a DVD burner... Anybody know of a company that sells that? It needs to work well under Linux.

    --
    Employee of Inrupt, Project Release Manager and Community Manager for Solid
    1. Re:My business terms... by Anonymous Coward · · Score: 0

      go look into reflashing your dvd drive/burner with a new firmware

  90. My favorite part by mrdeathgod · · Score: 2, Funny

    The CSS license pact has aided the success of DVDs because it has provided protection against illegal copying to copyright owners of movies, television shows and other content sold on DVD.

    Yeah, it protects the HELL out of em...

  91. Re:Insane. Absolutely Insane. by geekboy2k · · Score: 1
    Hmm.. Despite the rhetoric around here, the entertainment industry only makes pennies to the tech industries dollar. Sony (the maker of CD and DVD burners) is much much larger than Sony (the publisher of DVDs and PS2 games) - hence the 'paradox' that protects us.

    Uhh, care to back that up? I fail to see how making millions of copies of things that have actual cost (DVD players, TV's) makes more money than making millions of copies of things that essentially have no cost (DVD's, Music CD's).

    Yes, consumer electronics have development costs, just like music and movies have "development costs".

  92. Re:Insane. Absolutely Insane. by gfxguy · · Score: 1

    Maybe I just have a bad memory, but have any gun manufacturers been succesfully sued? I'm not asking about settlements, but actually found liable by a court?

    --
    Stupid sexy Flanders.
  93. Re:Insane. Absolutely Insane. by PainKilleR-CE · · Score: 1

    The weight of the cost for government medical care for all of the people who smoke and can't afford to pay their own health bills or afford insurance that will cover it causes my taxes (I'm not a smoker although everyone else in my family is) to go up to support this harmful habit that others "choose" to do. I feel that if others can "choose" to keep this habit, then I should be able to "choose" whether or not to pay the taxes required to support their partaking of this habit.

    The real question is, do you vote for people that want to reduce your tax burden when it comes to paying for medical care for people that can't afford it (or for people that not only can't afford it, but are not likely to actually be cured of their problem(s))?

    As we continue to increase the burden on our tax system with increases in state-run medical insurance, we seem to continue adding bullshit laws to protect people's health so that they won't increase the burden on the same system. Laws for bicycle and motorcycle helmets, seatbelts, smoking, and so on, often with the "medical care for those that can't afford it" and its associated costs listed as one of the reasons for the legislation. If you really want to cut the cost, cut the benefit.

    The reality is that the half-assed system of government-provided medical care costs us more than it would if it were either offered to everyone or offered to no one. I pay more for someone that doesn't (or can't) work to have medical care than I do for my own (even with my wife on the plan), and I can't imagine that my company has more people paying into its insurance plan than the government (though I will admit the company is also adding in a good chunk of money on its own to reduce the costs for employees, it's rediculous to think the government wouldn't take money from somewhere else in our taxes to pay for any cost over-run in medicare, too).

    Finally, look at the taxes paid on cigarettes themselves. Most of that money (though it depends on your state; and much of it probably goes into advertising and programs that are supposed to reduce smoking in general) is supposed to go to alleviate the cost burden on non-smoking tax-payers in precisely these areas. Any state in which a pack of cigarettes sells for more than $4 is bringing in more in taxes than the price of the pack of cigarettes (and I'm not even taking into account that a retailer pays less than the ~$2 they charge for a pack of cigarettes in states with little or no tobacco tax).

    --
    -PainKilleR-[CE]
  94. Then everyone is a thief! by Anonymous Coward · · Score: 0
    "You deprive the origional owner of full usage of that idea, if you use it in any way shape or form"

    Using this to claim piracy = theft busts words beyond any reason. It makes these people thieves:

    someone who parks in a parking spot, this depriving someone else the opportunity to park there.

    picketers and protesters, who steal business.

    Bought the last model E4-433 lawnmower at Sears last Sunday? You STOLE someone else's chance to own it.

  95. So, no more TBCs? by Ralph+Spoilsport · · Score: 4, Informative
    A Time Base Corrector strips all that crap out, and gives you a raw video signal, which is very necessary if you're editing in a professional video suite.

    However, if you put a DVD into the line, and run it through a TBC, you ca nthen re-record it onto a digital target, and make as many copies as you want. Sure: there's some loss, and a good TBC costs several hundred bucks, but IT WORKS.

    The MPAA is so full of shit. Grrrr.

    RS

    --
    Shoes for Industry. Shoes for the Dead.
  96. Re:Insane. Absolutely Insane. by PainKilleR-CE · · Score: 1

    It'd probably take a while to find one, because the reason the poster stated for a gun manufacturer to be sued is nearly impossible precisely because gun manufacturers rarely sell guns directly to the consumers. In fact, even Wal-Mart, which was found negligent in its policies regarding sales of guns was not sued, but simply had any license to sell a firearm in the state of California revoked (and therefore one of my favorite jokes about being able to buy a gun but not an uncensored album in WalMart is no longer applicable in California, though it made it even more interesting that you could buy a gun without proper ID, but not an R-rated movie).

    --
    -PainKilleR-[CE]
  97. There is no censorship of wal-mart albums by Anonymous Coward · · Score: 0

    " but not an uncensored album in WalMart is no longer applicable in California"

    That is not censorship. Wal-Mart, like any dealer, has a right to choose what to sell and not sell. Those who don't meet their standards are free to sell their stuff elsewhere.

  98. Ralph Nader on the DMCA by Anonymous Coward · · Score: 0

    "however I should say that Nader would probably repeal the DMCA, but he won't be getting elected"

    Nader's basic government view is that of a fascist: government should control everything. He'd probably change the DMCA so that a much more powerful oppressive government owns the copyrights rather than a few corporations.

  99. Lawyers are responsible for all of it by Anonymous Coward · · Score: 0

    "Lawyers are certainly responsible for a lot of these messes, but not because they talked people into filing the suit."

    They are responsible for all of it. If they all said NO to frivolous lawsuits, the problem would pretty much vanish. Self-representing lawyerless clients are a not the problem.

    If someone spills hot coffee in their lap and there is no one to file a frivolous lawsuit over it, does it make a sound?

    1. Re:Lawyers are responsible for all of it by Shadow+Wrought · · Score: 2
      They are responsible for all of it. If they all said NO to frivolous lawsuits, the problem would pretty much vanish.

      In theory you're correct. Reality is, however, far different. If a client comes in and is willing to pay you several hundred dollars an hour to pursue their BS claims (ala SCO) what is the incentive to say no? I did a trial once and calculated, roughly, that the combined billing in the room was close to $10,000 an hour. People are not going to walk away from that simply because someone else thinks it might be "fivilous."

      Too often litigation happens because of blood-lust. Disputes can be settled amicably, if everyone agress to share part of the pie, but everyone wants to take the whole thing. Lawyers simply profit off of their greed. No more, no less.

      The reality is your logic could also be used to stop all war on the planet. After all, if all governments said NO to war, it'd stop. If you really want to end frivilous lawsuits, then you have to change the system to discourage frivilous lawsuits. 'Tis the only way.

      --
      If brevity is the soul of wit, then how does one explain Twitter?
  100. "...its members loose billions..." by Anonymous Coward · · Score: 0

    I guess it isn't only Slashdot readers that didn't pass grade school English class.

    Of course, had this been written by a Slashdot reader, it would have said, "...it's members loose billions..."

    Without literacy, all is lost.

  101. You do realize Reuters is not American, don't you? by Trepidity · · Score: 1

    It was founded by a German immigrant to the United Kingdom, and is currently a UK company headquartered in London.

    I guess the British are also functional illiterates, eh?

  102. GPL is not a contract by gr8_phk · · Score: 2

    FYI The GPL is not a contract, it is a license. There is a difference which has been written about by the FSF as well as Groklaw.

    1. Re:GPL is not a contract by orangesquid · · Score: 1

      Do you have pointers to those documents? I'm curious to see them. I know that arrangements similar to the GPL can be implied contracts or such, although, this may be an out-of-date notion since the rise of software license law by precedent (a la the first sale doctrine).

      --
      --TheOrangeSquid Is it any wonder things seem so awry? We swim in a sea of confusion and don't have to think to survive
    2. Re:GPL is not a contract by Anonymous Coward · · Score: 0

      Sorry to be an asshole, but first hit on google search for "GPL contract license" is a nice wikipedia article with links and everything. I'm not going to put it here because it looks like you could USE THE FUCKING PRACTICE!

    3. Re:GPL is not a contract by Anonymous Coward · · Score: 0
    4. Re:GPL is not a contract by orangesquid · · Score: 1

      Actually, if you read the rest of this thread, you'll notice that I already found and perused that. I google more often than I whack off, and for a computer nerd, you KNOW that's a lot. ;)

      I was more interested in the FSF stuff, though.

      But, the first hit is actually a very informative page which gives a clever (thought somewhat obvious) argument:
      "Because the GPL does not require any promises in return from licensees, it does not need contract enforcement in order to work. A GPL licensor doesn't say in the event of trouble "But, judge, the licensee promised me he wouldn't do what he's doing now." The licensor plaintiff says 'Judge, the defendant is redistributing my copyrighted work without permission.' The defendant can then either agree that he has no permission, in which case he loses, or assert that his permission is the GPL, in which case he must show that he is obeying its terms. A defendant cannot simultaneously assert that the GPL is valid permission for his distribution and also assert that it is not a valid copyright license, which is why defendants do not 'challenge' the GPL.

      But, this is getting pretty far off-topic...

      --
      --TheOrangeSquid Is it any wonder things seem so awry? We swim in a sea of confusion and don't have to think to survive
    5. Re:GPL is not a contract by orangesquid · · Score: 1

      hah.. clever, hadn't seen "justfuckingoogleit" in a tinyurl before. nice =)

      --
      --TheOrangeSquid Is it any wonder things seem so awry? We swim in a sea of confusion and don't have to think to survive
    6. Re:GPL is not a contract by Neil+Rubin · · Score: 2, Informative
      Because the GPL does not require any promises in return from licensees, it does not need contract enforcement in order to work.
      It is true that the GPL does not require promises in return from licensees, it does often exact such promises. In particular, section 3 of the GPL requires that commercial distributors either actually accompany any distribution of covered software with the source code or "b) Accompany it with a written offer, valid for at least three years, to give any third party . . . a complete machine-readable copy of the corresponding source code." Though the literal text of the GPL only requires that the distributor make the offer, I think that the only reasonable way to interpret the GPL is that it also requires the distributor to honor this offer. That is, I take it that a failure to honor the offer, and not merely a failure to make the offer, would give the copyright owner an action for breach of the GPL. This is important because the offer itself may not be enforcable as an independant contract.

      In that case, a court would be enforcing a promise (to provide the source code) that was given in exchange for a license to distribute copyrighted material. That sure smells like a contract to me.

      My reading is that if a person distributes under the GPL and chooses either option (a) or option (c) under section 3, the GPL functions as a simple license--permission to engage in a certain use of copyrighted material. If the distributor chooses option (b), however, the GPL functions as both a license and a contract. That is, the license to distribute under the GPL is granted in exchange for a promise to distibute source code on request in the future.

      Ultimately the label doesn't matter a great deal, since copyright remedies are generally more desirable to a free software author than breach of contract remedies are. In particular, copyright law allows damages without any proof of harm. There are two places where having contract remedies available could be useful:

      1. Contract law would allow specific enforcement of the promise to distribute source under certain circumstances, meaning that the court could actually force the release of source code to derived works and not merely award monetary damages. This is only likely in U.S. law where monetary damages were somehow inadequate.
      2. Contract law would also allow enforcement by third parties that were intended beneficiaries of the contract. That is, GPL section 3(b) might give persons other than the copyright holder the right to enforce the promise to distribute source code. Copyright law itself gives third parties no cause of action for copyright breach. This could be very important if, for example, the original copyright holder went out of business or for some reason decided to abandon its commitment to free software.
    7. Re:GPL is not a contract by Neil+Rubin · · Score: 1

      FYI The GPL is not a contract, it is a license. There is a difference which has been written about by the FSF as well as Groklaw.

      This is indeed the position of Eben Moglen, but there is nothing to prevent a single document from being both a license and a contract (and indeed several other thing, e.g., copyright assignment).


      As I read the GPL, a distributor who elects option (b) under section 3 of the GPL makes a legally enforceable promise, one enforceable by both the license grantor and most likely by third parties. Such a distributor has thus entered into a contract obliging them to distribute certain source code in exchange for a license.


      Prof. Moglen's main point is that the mostly likely remedies for breach of the GPL are copyright remedies, not contract remedies, and thus that it is useless for a defendant to argue that the GPL is not an enforceable contract. This is certainly true. It does not mean, however, that a court may not treat the GPL as a contract in certain circumstances, for example by allowing third parties to sue to enforce the requirement to distribute source code under GPL section 3(b), a remedy clearly grounded in contract law, not copyright law.

    8. Re:GPL is not a contract by Asterisk · · Score: 1

      A license is a contract.

  103. MPAA and DOJ vs MS by Wile_E_Peyote · · Score: 2, Interesting

    What the MPAA is doing to these chip manufacturers sounds a lot (to me) like what Microsoft got into trouble with the DOJ for doing. Enlighten me if I'm way off base... W.E.P.

  104. Citizens by Sirius+Cybernetics+C · · Score: 1

    As a citizen you're permitted to try, but for each penny you'll willingly spend to change it you'll willingly give two (buying products) to those who want to keep it as it is. If not, you'r a public domain addict or a "criminal".

    What a wonderful world...

  105. Maybe it's time by bigberk · · Score: 2, Interesting

    to vote with your wallets? I'm suggesting, not buying DVDs of MPAA products. If the industry thinks it's losing money because of chips that are too feature-rich, wait til they lose money due to lack of sales period.

    1. Re:Maybe it's time by angrykeyboarder · · Score: 1

      That would eliminate about 90% of the DVDs I'd ever buy.....

      --
      Scott

      ©20014 angrykeyboarder & Elmer Fudd. All Wights Wesewved
    2. Re:Maybe it's time by Anonymous Coward · · Score: 0
      That would eliminate about 90% of the DVDs I'd ever buy.....
      How about Family Guy DVD set? Porn?
    3. Re:Maybe it's time by FusionDragon2099 · · Score: 0

      Yeah, but whenever there's a boycott, the ***A just alters the data and it comes out as "lost sales due to piracy" and things just get worse.

    4. Re:Maybe it's time by Anonymous Coward · · Score: 0

      I only buy used DVDs. Well a total of 3 used DVDs total. So yeah, I'm trying to restrain myself from giving them profit on the format, and my only dvd player is my dvd-rom drive.

      Besides that every used DVD I have bought was scratched and had skips, I was able to resurface them, rip them, and get flawless playback on my computer. I'd encourage anyone who absolutely must buy dvd x, to get it used so you take from the existing pool and not feeding new profit in their pockets.

      Lucky for me though, I like to write music, so I spend most of my free time doing that, rather than watching movies/tv's. The more locked down they make it, the more time I'll have to do something else.

    5. Re:Maybe it's time by MikeBabcock · · Score: 1

      Vote with your wallets by buying only region-free players or players that are obviously designed to allow the removal of regions, and DVDs with no region specificity.

      See http://www.inmatrix.com/drives.shtml

      --
      - Michael T. Babcock (Yes, I blog)
  106. worse than that ... by Anonymous Coward · · Score: 0

    If you live where I live, it's illegal to possess or use a WiFi interface.

    And you're looking for logic in the law? Technical clue?

  107. Re:Insane. Absolutely Insane. by DarKnyht · · Score: 0

    You have to take the first part of your sentence, "In Rhode Island" and then put the rest of the statement into proper context.

    It is kind of like saying, "In Texas, a bunch of citizens shot a drunk driver dead when he killed someone and the highest court in TX gave them a reward for saving them the trouble of handling the case."

    --
    Voting them all out of office, now that's change I can believe in.
  108. Didn't break the law if the contract was illegal. by Ungrounded+Lightning · · Score: 3, Insightful

    If the chipmakers violated their licenses, they have broken the law [...]

    If one of the contract provisions is illegal, the party to the contract is not bound by it, and may violate it with impunity.

    Unless there is verbage to the effect that some rights granted to that party conditional on his performance on that provision, and are voided if he can not perform on his side due to laws to the contray, he doesn't lose the rights granted. The illegal provisions are by default separable.

    At least that's how I, who ANAL, understand it.

    The primary function of the CSS and its licensing regime is not to inhibit unauthorized copying (although it does make it - along with fair use - slightly more difficult for the non-techies among the general population).

    The primary purpose is to support both shady and explicitly illegal business activity: Regional pricing / price fixing and inhibition of international resale, regional distribution timing and availability control, and regional content censorship.

    This could be construed to make adherence to the contract terms that require sale of chips only to licensees who build products that adhere to the regional coding schemes unenforcable.

    = = = =

    I just realized: It might be possible to bring a suit against the MPAA/CSS scheme in international courts under GATT!

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
  109. What is "full usage"? by tepples · · Score: 1

    If I use the words of another, how does this stop the author from making what you call "full usage" of the words?

    1. Re:What is "full usage"? by Richard_at_work · · Score: 1

      If the 'thief' uses the idea in a situation, then he becomes the first person to do that. That basically excludes the author from being the first in that area.

      A demonstration using Journalism. Journalist A gets wind of a great news story, so he does his bit and writes it up. Journalist B takes a copy of Journalist As story and breaks it first in his news paper. Journalist Bs actions has had a real and measurable effect on Journalist As story, because after all, who is going to buy a paper with 'old' breaking news. Journalist B didnt deprive A of anything physical, all he did was take a copy without exerting any real effort on his part.

    2. Re:What is "full usage"? by tepples · · Score: 1

      I guess my mind just can't easily comprehend "usage" to mean "excluding others from using."

    3. Re:What is "full usage"? by Richard_at_work · · Score: 1

      You have a seriously fucked up mind if you think its ok to take someones work and cheat them out of the result of that work. I did not mean usage to be excluding others from using ... wait a fucking minute, yes I did. How would you like it if in your place of work one of your colleagues started taking all the credit for the hardwork you put in? I created that idea, its revolutionary/entertaining, its good, its going to make me a millionaire, why SHOULDNT I be allowed to exclude other people from using it, regardless of whether its a physical invention or words on a bit of paper or light on a TV screen somewhere.

      Authors spend weeks, sometimes months coming up with a bestseller, directors sometimes strive long and hard to come up with the next blockbuster movie, music labels spend loads of money supporting and promoting new and current acts (contrary to popular beleif, few acts put much in themselves, most just turn up when told and sing the lyrics someones written for them).

      Why should a pimply kid someplace get to use the fruits of those labours without recourse? He IS getting something for nothing, and he IS depriving the owners of something, because if hes satisfied with what hes downloaded/copied, 9 times out of 10 hes never going to buy it for real. Oh, people on here like to say 'downloading made me buy....' but YOU ARE IN THE MINORITY, when people get stuff for free, 99% of the time they dont give a fuck about who produced it.

  110. Re:Insane. Absolutely Insane. by Nukenbar2 · · Score: 0

    I love how on this site that you can make an analogy with DeCSS and automobiles and be modded to +5, Insightful, but if you make a comparison between theft and copyright infringement, it is an instant -1, Troll.

  111. May run up against 1st Amendment by tepples · · Score: 1

    We DO NOT have the right to purchase them on our own terms; we do not have the right to copy them freely.

    Without the ability to reproduce portions of a motion picture in some form, how can a film critic create a work of criticism? The opinion of the U.S. Supreme Court in Eldred v. Ashcroft, which upheld the constitutionality of a second successive copyright term extension to match that of a foreign government, also hinted that any federal statute that substantially abridges the applicability of a fair use defense would run up against stricter First Amendment scrutiny.

  112. Not so fast . . . in RAM = "copy"? by ziani · · Score: 1

    You might want to take a peak at MAI v. Peak (9th cir., 1993) where the court held that loading software into RAM puts a "copy" in RAM. Now, I don't know how DVD players work, but if any part of the process stores the underlying code, even for a moment in time, there *may* be an argument that circumventing ACM is a DMCA violation, because without doing so, the "copy" (in RAM) couldn't be made. Welcome to the weird, wacky world of law, technology and metaphysics.

    1. Re:Not so fast . . . in RAM = "copy"? by squiggleslash · · Score: 1
      What the hell are you talking about? Where did I say circumventing an ACM wasn't a DMCA violation?

      Circumventing an access control mechanism, as defined by the DMCA, most assuredly is against the DMCA, which is one of many reasons why the DMCA sucks, is anti-content user, and should be repealed.

      --
      You are not alone. This is not normal. None of this is normal.
    2. Re:Not so fast . . . in RAM = "copy"? by Prior+Restraint · · Score: 1

      Correction: Welcome to the weird, wacky world of cause and effect. Part of the point behind the DMCA was to invalidate MAI v. Peak. The DMCA expressly permits copying software into RAM.

    3. Re:Not so fast . . . in RAM = "copy"? by ziani · · Score: 1

      Thank you. I stand corrected. Much obliged.

  113. Re:Insane. Absolutely Insane. by Anonymous Coward · · Score: 0

    You seem to have a very limited understanding of product pricing, fixed costs, variable costs, marginal revenue, and basics like reading annual reports. Just because the marginal cost of a DVD or CD is minimal doesn't mean the fixed cost doesn't represent a very high percentage of the sale price. Some neato little charts. Sony gets almost as much revenue from financial services as they do from their music division. Their game and movie divisions, though, have been improving (especially in terms of net profit), but are still no match for the electronics division which is as large as all the other divisions put together.

  114. The need for reverse-engineering by davidwr · · Score: 1

    Someone, somewhere, needs to reverse-engineer this technology and publish the results. Then grey-market chip- and DVD-makers won't have to license anything unless they want the precious "DVD" logo on their box.

    Of course, this will only work after the relevant patents - if any - have expired :(.

    --
    Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
    1. Re:The need for reverse-engineering by Anonymous Coward · · Score: 0

      That would be called "DeCSS".

  115. Piracy Isn't Just a Naval Term-Broken Record. by Anonymous Coward · · Score: 0

    "The original poster was correct. The "pirate" has only infringed the "temporary right of monopoly on distribution of copies"."

    Another word for "social contract". Basically the artist has agreed with the terms of the "social contract" and released their works under it. Piracy however is basically some members of the society saying "we don't wish to honor our side of the social contract we signed".

    "In a human rights sense, this is an artificial "right" (no direct harm is inflicted on the originator of the idea because a copy of it has been made). The original purpose of granting this lucrative "right" was to encourage the production and distribution of more works by creators."

    If there was no "harm (implicit or otherwise)" then why do we need to "encourage". In a "real rights" world there wouldn't need to be "artificial" incentives to create works.

    "Now, of course, the creators of works see little of the monetary gains derived from temporary monopoly status; most of the revenue goes to the distributors."

    Do they? I made this post and it falls under copyright. Were's my money? Here's a hint for you. Copyright is for everyone, big and small.

    "And, unfortunately, a rational and logical analysis of whether the copyright system ought to be changed in some way to possibly encourage more creation of higher quality works will be heavily influenced by the industries that make money by virtue of the current system."

    It will also be influenced by those who are misinformed about what copyright law is, and the history of copyright.

  116. I need NAMES! by nusratt · · Score: 2, Insightful

    (actually, URLs).
    This the second tantalizing /. story about this subject which teases us by not disclosing:
    exactly WHO are the makers and vendors of the liberalized equipment containing the subject chips?

    (I quit looking after the first 50 posts.)

    1. Re:I need NAMES! by slash.dt · · Score: 1
      WHO are the makers and vendors of the liberalized equipment

      There are plenty of them - they are not illegal in the UK so companies can openly advertise chipped players.

      Have a look at http://www.techtronics.com/ for example.

  117. Bans open source media players? by Kazoo+the+Clown · · Score: 1

    Guess that means an open-source DVD player is illegal.

    Such a ban would be "restraint of trade" in a country who's government isn't just the corporations bitch.

  118. Mistake.. by 56ksucks · · Score: 1
    The MPAA, recognizing the damage the advent of digital file-sharing did to the music industry...

    Funny. I thought crappy music played on the radio several times a day and overpriced CD's were the cause.

    --

    ---- "Excuse me. Where's the children's gun section?"

  119. Worse yet... by Kozar_The_Malignant · · Score: 1

    Tweaking your own box is just a misdemeanor. However, if you and two of your buddies sit around and talk about how to do it. but don't do it, that is a conspiracy to commit a misdemeanor, which is a felony crime. Another four years of the Shrub, and it'll make you an enemy combatant.

    --
    Some mornings it's hardly worth chewing through the restraints to get out of bed.
    1. Re:Worse yet... by Gojira+Shipi-Taro · · Score: 1

      And how exactly do you think 4 years of the "part-most-firmly-in-the-pocket-of-Hollywood" (Dems) would be different in this regard? If anything, I would expect them to be even MORE interested in protecting the interests of the MPAA.

      This is one issue where without groups like the EFF, we would be screwed no matter WHO was in office. Kerry's not our friend here anymore than Bush is.

      --
      "Oh my God. This is terrible. This is the end of my Presidency. I'm fucked."; ~ Donald J. Trump
    2. Re:Worse yet... by BlueStrat · · Score: 1

      "Tweaking your own box is just a misdemeanor. However, if you and two of your buddies sit around and talk about how to do it. but don't do it, that is a conspiracy to commit a misdemeanor, which is a felony crime. Another four years of the Shrub, and it'll make you an enemy combatant."

      What makes you think that either Bush or Kerry would be any different in regards to DMCA/copyright/et al? Remember, it was under Clinton that the DMCA was passed, and though there was a Republican-controlled congress at the time, I didn't see the Democrats fighting it like they have done GWB's judge appointments. Face it, both parties are equally at fault, and blaming either party alone is simply partisanship. Also, one of the worst politicians for proposing these kinds of laws is Fritz Hollings (D-SC) of "Fritz chip" fame.

      Strat

      --
      Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
  120. Re:Even Reuters can't spell by cayenne8 · · Score: 3, Informative
    From the article:" The suits are the latest legal action by the Motion Picture Association of America, which claims its members loose billions of dollars annually to copyright piracy."

    Man, its getting bad when even news articles spell LOSE wrong....

    You can lose money.

    A shoe string can come loose.

    They mean different things...and are pronounced differently...PLEASE get it right...

    --
    Light travels faster than sound. This is why some people appear bright until you hear them speak.........
  121. P2P Has Hurt Music Industry: Fact? by kmactane · · Score: 3, Insightful

    From TFA, second-to-last paragraph: "The MPAA, recognizing the damage the advent of digital file-sharing did to the music industry, has waged an aggressive campaign against movie piracy. [emphasis mine]"

    This is a damned bad sign. I know it's popular to bash on the media, but really, they're supposed to print objective fact rather than opinion. The fact that this article simply claims that P2P has damaged the music industry, rather than attributing it as an opinion of someone else's, says to me that we've already lost that particular part of this fight.

    Really, they could (and should!) have said something like "The MPAA, agreeing with the music industry's claims that file-sharing has caused it massive damage, has waged an aggressive campaign against movie piracy." By phrasing it as they did, Reuters seems to be claiming that it's simply an established fact that P2P has hurt the RIAA.

    And it's probably too late to fix that.

    1. Re:P2P Has Hurt Music Industry: Fact? by kellererik · · Score: 1

      In one way or another all media outlets are owned by content-providers. Look at CNN, they used to be objective, now they are just repeating the mantra fed by Time-Warner. "P2P is bad, we're an objective news-source owned by the cartel, we know, P2P costs the taxpayers millions."
      I'm to lazy to check who owns Reuters, but they must be owned by the Media-Cartel(TM), otherwise they would have used the phrase you mentioned in your posting or they are to sleazy to report the facts. They are undermining their credibility anyway.

      my 2 cents

  122. copyright of reasonable length by dpilot · · Score: 4, Insightful

    OK. Show me the 'copyright expiration field' in the DVD/CSS format.

    Actually, I don't KNOW that it's not there, because I've never looked at the specs. But I'm absolutely sure it's not, because otherwise we'd have seen 'clock hacks' to bypass "protection" long ago. The lack of a 'copyright expiration field' might be taken as an indication of intent to keep extending copyrights forever. (I suspect it's really negligence, but I'll bet the MPAA never gets sued over their negliegnce, only chipmakers.)

    I don't disagree with you. This is indicative of another problem the US is refusing to face. Back in 1992, Clinton tried to make health care reform a national focus. AS A NATION, we turned our backs on the whole issue, and it has come back to bite us badly. IMHO, health care costs are in large responsible for migration of jobs overseas. Not that I necessarily cared for Clinton's plan, BUT WE REFUSED TO EVEN DEBATE THE MATTER! Our bad!

    The entire field of intellectual property NOW needs the same kind of national debate. We are in the process of screwing over our national competitive posture by pretending to stay with existing ways.

    --
    The living have better things to do than to continue hating the dead.
    1. Re:copyright of reasonable length by Anonymous Coward · · Score: 0

      Health care reform was debated and the plan that was put forth (Clinton's) was rejected. It is interesting to note that Tennessee decided to implement a plan similar to Clinton's (the governor at the time was a Clinton fan and wanted to show that it would work). The result has been an out of control system that is the root cause of many of the state's budget crises. My company prints out what I pay for my health plan in addition to what they are paying - health coverage is a small fraction of what they would be paying an overseas developer.

      They don't need a copyright expiration field. The current expiration of copyrights is so long that the chance that the media or the player survives long enough for it to expire is slim to non.

    2. Re:copyright of reasonable length by DavidBrown · · Score: 1

      You have a very good point, and I absolutely agree with you. The idea of having some sort of copy protection with expiration date is a good idea. It's also possible to have an encryption/copyright protection standard that allows fair use (say, copying a one-minute segment as an example) of the material.

      Of course, the technical reality of the situation is that it won't work as long as there are not fixed copyrights, and under our current system there are NO fixed copyrights, because every 5-10 years Disney's representatives in Congress extend the copyright on Steamboat Willie.

      Disney, I believe, is playing a very smart game. Notice how every time the copyright law is changed in the US and in Europe, there are still significant differences between the two. This gives rise to the ready made excuse that "We need to change our law to bring it in line with the international community." (with a modest extention beyond existing laws to spur future changes on the other side of the Atlantic)

      I believe in the middle ground - copyrights of fixed length that cannot be retroactively increased in length, the violation of which is punishable by civil lawsuit, or criminal prosecution in cases of for-profit violations.

      And I believe that abuses of the system (price fixing of CD's and DVD's for example) should be handled by anti-trust litigation, rather than circumventing the system. Of course, the ultimate problem is that any technological system of copyright control is only good until it's decrypted, hence the DMCA. But with the internet the way it is, violations of the DMCA are not going to be possible to prosecute provided that the people who crack the next encryption standard keep their heads down.

      --
      144l. ph34r my 133t l3g4l 5k1lz!
    3. Re:copyright of reasonable length by Anonymous Coward · · Score: 0

      Which is why it's great to see countries in Asia that tell Disney to "get stuffed" when they ask to get copyright lengths increased there.

      And aside from governmental trade sanctions, there's not a damn thing they can do about it.

    4. Re:copyright of reasonable length by dpilot · · Score: 1

      I wasn't speaking on any relative merits of Clinton's health care plan. Rather that there was no national debate, no alternate proposal. Even discussion was shut down flat. I kept my job through the bust, but my pay has stayed pretty well flat, while my health care keeps rising, and the company keep whining about their share rising.

      As for expiration, IMHO it's the arrogance of NO provisions at all. That DVD may wear out, but how about the stamper/master/master-mother? Those have longer lives, and those have no expiration, either. The same argument was once made about two-digit dates, Cobol, etc.

      --
      The living have better things to do than to continue hating the dead.
  123. Class action against Chev and Ford ... by Anonymous Coward · · Score: 0

    "music companies who claimed they should be held liable because of how their software was used"

    I had a few cousins who died from accidents involving these car manufacturers and others ... as soon as companies are held liable for the use of their products ... I'm going to sue sue sue!

    I wouldn't want to be manufacturing guns or knives right now!

  124. Re:Insane. Absolutely Insane. by Anonymous Coward · · Score: 0
    Suing gun manufacturers is idiocy. Anyone who would attempt to try to justify it in the current frame of "so many people are being shot" is an extortionist.

    While I generally agree with what you said, the selling of saturday night specials into poor neighborhoods was not just idiocy it's evil. Do some searches on Google and read up on this. I think even most pro-gun people will agree this should not be allowed.

  125. Who holds the License? by lionchild · · Score: 1

    Sigma and MediaTek make chips to decode the Content Scramble System, or CSS, which is the copy-protection system used for DVDs. Their licenses require that they sell only to other CSS-licensed companies.

    I'm curious...who holds these licenses in question? Or rather, who are the licenses granted from? The MPAA? The article isn't well written enough to tell.

    If it's not the MPAA, then it's a silly lawsuit, since the companies haven't broken a contract with the MPAA, but rather with the license holder.

    Can anyone fill in the gap? (Or am I just too dense to see the forest afore the trees?)

    --
    Awk! Pieces of eight. Pieces of eight. Pieces of seven... ERROR: General Protection Fault. [Paroty Error.]
    1. Re:Who holds the License? by t_allardyce · · Score: 1

      The nice people at the DVDCCA would be happy to sell you a license for their great product, which not only has been cracked, but was cracked about 5 years ago! Im not exactly sure what the point of selling an expensive copy-protection system thats been broken is (since the only people that are going copy it are going to know about DeCSS anyway) but if you want to burn your money on crap its up to you. I think 1000s of poor filmmakers get ripped off by these people every year they just accept paying the license when they could just release the DVD without CSS and exactly the same number of illigal copies (maybe minus 1) would be made.

      --
      This comment does not represent the views or opinions of the user.
  126. Read it again by optimus2861 · · Score: 2

    Somehow you overlooked the killer:

    1201.(a)(1)(A) No person shall circumvent a technological measure that effectively controls access to a work protected under this title.

    If "No person shall circumvent" doesn't outlaw use, what does it do?

    (a)(1)(A) doesn't care about fair use as it doesn't reference copyright at all -- it never defines this violation as any form of copyright infringement. So, sure, your use might be fair, but that just gets you off the hook for infringement. If you circumvented, you still violated (a)(1)(A). It's a blatant and grotesque end-run around fair use, no question, but I wouldn't want to rely on (c)(1) to defend against it.

    1. Re:Read it again by Smallpond · · Score: 0

      If I circumvented the measure, then it didn't effectively control access, did it? If you leave your garage door open, its illegal for me to steal and sell your car, but its not invasion of privacy.

      Effective (adj.) Produces the desired result.

    2. Re:Read it again by optimus2861 · · Score: 1

      "Invasion of privacy" isn't a crime. Trespassing sure is, and unlocked door or no, you could still get nailed for that.

      While we tech-heads might like to think that anything that could be circumvented can't be "effective", do you seriously think a judge would go that far? That would pretty well kill the bill outright since any measure that could be circumvented would therefore not fall under the bill's protection in the first place! Which would mean that truly "effective" measures would not be possible to circumvent, rendering the bill pointless..

      Then you've got something like a chicken-and-egg problem. If the protection hasn't been circumvented yet, would it then be "effective"? Making it illegal to (try to) circumvent? But the moment you circumvent it, the protection's no longer "effective", making it legal?

      Oy, I just made my head spin. There's an argument in there to be made for why that provision should be unconstitutional, if someone can word it better than that.

    3. Re:Read it again by Smallpond · · Score: 1

      That was my point. *They tried to distinguish "DeCSS" from "a tamper-resistent seal" (for example) by inserting the word "effective" when they wrote the law. However, I believe that they shot themselves in the foot. It clearly renders the law meaningless.

      * by "they" I don't mean Congress, I mean the lobbyists who write the laws.

  127. Where have you been? by LesPaul75 · · Score: 1

    There is plenty of legal precedent. Not to mention that it's just common sense to most people. But why would you expect legal precedent and common sense to matter? Where were you when the DMCA was passed? Ever heard of the INDUCE Act? It just gets worse and worse... Legal precedent and common sense mean nothing to the RIAA and the MPAA, because they have politicians (Oren Hatch) in their pocket, and they can get laws passed no matter how ridiculous they are. But, the good news is that the DMCA and especially the INDUCE Act are so incredibly nonsensical that trying to really enforce them would be comical. The INDUCE Act makes peer-to-peer software, DVD burners, iPods, and even hard disks illegal. No, I'm not kidding. Seriously.

  128. Re:You do realize Reuters is not American, don't y by Anonymous Coward · · Score: 0

    I guess the British are also functional illiterates, eh?

    Well they do often mispell common words like "color" and "center", and most of them don't even know the proper terms for common items like elevators.;)

  129. Contradiction? by KrisHolland · · Score: 2, Insightful

    "Copyright is a legal monopoly. Maybe someday we'll ditch the free market for information..."

    You do realize what you just said is a contradiction in terms?

    It is a monopoly, it is a free market of information... well which do you think it is?

    1. Re:Contradiction? by DavidBrown · · Score: 1

      It's not a contradiction, although perhaps I could have stated it better.

      Monopolies are not necessarily inconsistant with free markets. In fact, under a pure free market system with no govt. intervention, a monopoly is perfectly valid - even unlimited copyrights could be fashoned through the use of shrink-wrapped licensing agreements.

      In this case, by stating that maybe we'll someday ditch the free market in information, I meant to say that we would ditch the concept of copyright and let information be free the way it wants to be free.

      --
      144l. ph34r my 133t l3g4l 5k1lz!
    2. Re:Contradiction? by zooblethorpe · · Score: 1

      Ah, this makes more sense. (note to self to read the rest of the thread before posting replies :)

      However, I still stand by my previous statement -- any enforceable copyright is an impingement upon the market, thereby rendering it less than free. I agree that monopolies do happen in a free market of sorts (just look back at the robber barons of 100 years ago) ... but then I find myself straying into more philosophical ground: What is a free market? Is the market freer when there are no legal restrictions on economic activities? This gives rise to monopolies, historically shown to be as ruthless as many dictators when it comes to holding onto market share. Or is the market freer when certain economic activities are explicitly proscribed in an attempt at "levelling the playing field"?


      ...

      Hm. How'd I wind up way out here in left field?

      --
      "What in the name of Fats Waller is that?"
      "A four-foot prune."
  130. M & L by Anonymous Coward · · Score: 0

    A nation can survive on Marketing and Lawyers for only so long.

    Hospitals all over the nation are closing their emergency rooms due to in-ability to sustain operating costs (un-insured patients, which is the politically sensitive equivalent of non-paying patients), physicians are taking massive paycuts (even when you factor in Cost-of-Living) when they move to a less lawsuit prone area of the country. Companies are hiring engineers (who trained in America!!) and skilled labor in other countries, then shipping the finished project to the US for sale. Bridges and buildings, ships and chemical plants are all using non-union workers who are given greencards for the duration of the project. Factor in reduced farm subsidies, the national deficit, and annual Congressional payraises.

    That's generally the ancient Russian formula for Revolution.

    In Oktober....

  131. MPAA's going to tick people off like the RIAA by gorfie · · Score: 1

    Currently I have absolutely no problem buying a DVD. You get hours of unique content for a mere $10-$20 US. I happen to own over 70 titles myself.

    That said, stories like this really get my attention because I don't want to support an organization that stifles fair use and technological innovation just so they can earn a few extra dollars (which goes directly to the producers and a few select others, not the stuntmen/gaffers featured in the sympathy ads that play in movie theaters these days).

    MPAA be warned... don't get too greedy. I'd hate for my movie collection to become dated just like my CD collection (I don't download or buy, I avoid).

    Oh yeah... you guys owe me money for Dumb and Dumberer, Jurassic Park III, and Vanilla Sky.

    1. Re:MPAA's going to tick people off like the RIAA by narcc · · Score: 1

      Oh yeah... you guys owe me money for Dumb and Dumberer, Jurassic Park III, and Vanilla Sky.

      Mel Gibson: Give me back my 18 dollars!

  132. Real smart. by Anonymous Coward · · Score: 0

    Yes, I know it's been said before, but this is like saying "My Brother was murdered and the murder weapon was a kitchen knife, I'm now going to sue the manufacturer of that knife."

    Only in America (I hope)

  133. Odd: these are mpeg4/divx capable dvd chips... by droopycom · · Score: 1

    So they sued ESS, and now Sigma Designs and Mediatek, which are, AFAIK, the only 3 companys selling chipset for Divx capable DVD players ?

    Hum... what are the odds...

    Mediatak probably wont give flying shit to the MPAA since they are a taiwanese company probably making the bulk of their sales to cheap ass asian manufacturers.

    American company Sigma Designs is going to have to play ball though...

  134. Re:Insane. Absolutely Insane. by soliptic · · Score: 1
    With tobacco firms, I think you'll find its not a case of :

    "you told us cigarettes would kill us, but we chose to smoke them anyway, and now we're dying, we're suing you!"

    its more a case of :

    "you told us cigarettes were GOOD for our health [40s-50s-60s? adverts], when they're actually FATAL, and you even KNEW that at the time, so we're suing!"

    which is a bit more sustainable imho. and fwiw- IAAS.

  135. Free Market by The+Snowman · · Score: 1

    ...non-approved DVD players.

    Yay free market economy! The fact that we need our DVD players approved by anyone tells me the system is broken.

    --
    24 beers in a case, 24 hours in a day. Coincidence? I think not!
    1. Re:Free Market by t_allardyce · · Score: 1

      Actually America has such a free economy that you can even buy and sell judgements, legislation and foreign political favours and unlike some of these wannabe free economies you dont have to worry about having your head cut off if you get found out!

      --
      This comment does not represent the views or opinions of the user.
  136. An argument over semantics perhaps by tepples · · Score: 1

    You have a seriously [broken] mind if you think its ok to take someones work and cheat them out of the result of that work.

    Semantic issue: There's a difference between full use of a work and full use of the privilege to exclude others from using that work. I would have understood your position had you said "full usage of the exclusive privileges under the copyright bargain," rather than "full usage of that idea" as in your comment. Your phraseology implies that an idea carries with it a natural right to exclude, when in fact, the copyright bargain as we know it is a legal fiction enacted by governments in order to give authors a monopoly in exchange for the fruits of their labor.

    But when I reproduce a work first published in 1927, whose author died and was buried in the ground in the late 1930s, whom am I cheating? When I import a DVD player and DVD movies from a foreign country, whom am I cheating? When I buy a DVD at Wal-Mart and make a copy on my laptop's hard drive, with no intent ever to distribute that copy nor to play it to the public, whom am I cheating?

    As no government can legislate morality, do you plan on taking this argument down the legal path or down the ethical path?

    1. Re:An argument over semantics perhaps by Richard_at_work · · Score: 1

      Sorry, I shouldnt have sworn at you, I do apologise, had a hard day yesterday. You are right whith the narrow examples you gave, but I was concentrating on the here and now. The copyright infringement that is rife at the moment (mass downloading of material from the internet) hurts people, and it hurts them in the way I have shown. I do have a natural right to exclude others from usage of my ideas, just in the same way I have a natural right to stop someone taking my garden gnomes off my front lawn or protect my kids from abuse. In this day and age, to live in a civilised country, I agree not to kill anyone I catch doing the above, in return for protection from the government from the above 'crimes', whether its laws against copyright infringement or laws against physical theft.

      Your reasoning is persuasive tho, and youve just earnt yourself a slashdot friend.

  137. Hate to break this to you... by leonbrooks · · Score: 1
    you say one-quite-perfect thing on /.
    ...but you said one-not-quite-perfect thing. (-:

    Also, small differences can be important, CF lightning bolt vs lightning bug, and being unable to cross a chasm in two smaller jumps rather than one.
    --
    Got time? Spend some of it coding or testing
    1. Re:Hate to break this to you... by orangesquid · · Score: 1

      What are you implying? I *always* cross my chasms in two small jumps. It may lower my gas mileage a bit, but I don't have to jump as h---
      *looks down*
      SHIT. Uh-oh.
      .
      .
      .
      *distant thump*

      --
      --TheOrangeSquid Is it any wonder things seem so awry? We swim in a sea of confusion and don't have to think to survive
  138. So just use enough Flash and you're DMCA-safe? by leonbrooks · · Score: 1

    I like this idea. Should drive the price of big Flash cards through the floor as well. (-:

    --
    Got time? Spend some of it coding or testing
  139. So... you're the devil? by leonbrooks · · Score: 1

    Case of been there, done that?

    What keeps you out of sunny Georgia? Got a 15yo pregnant? Prefer mud on your dipstick? What?

    --
    Got time? Spend some of it coding or testing
  140. Re:Aided? How!? by trawg · · Score: 1

    It sure hasn't aided me and a lot of other Australians I know who, because of CSS, wouldn't be able to import a bunch of titles that just aren't available in Australia. Sure, have your CSS, but at least make sure all the titles are available for all regions, or you're just asking for your stuff to be pirated.

    Of course, the fact that its practically impossible to buy a DVD player that ISN'T region free these days makes the above point moot (the Sony region DVD players are also deliciously ironic given their position within the MPAA (yes, yes, different part of the company, whatever).

    That whole statement reeks of pro-control MPAA-press release evil to me.

  141. Best argument I've ever seen for a revolution by leonbrooks · · Score: 1

    Obviously, the system is broken.

    Chances of getting it fixed through conventional paths? Zippo. You then have three choices: live with it, break the law or break the system.

    --
    Got time? Spend some of it coding or testing
  142. F___ing USPTO by tepples · · Score: 1

    Why don't these companies just say they don't make DVD chips/players.

    Because the technology is patented, and the only way to get the rights to manufacture the chips without waiting until A.D. 2018 or so is to license it from the DVD standards group.

  143. A TBC is no different from a lockpick by tepples · · Score: 1

    However, if you put a DVD into the line, and run it through a TBC, you ca nthen re-record it onto a digital target, and make as many copies as you want.

    Which is why the DMCA regulates TBCs, banning VCR makers from bundling a TBC with a VCR (17 USC 1201(k)).

    Sure: there's some loss, and a good TBC costs several hundred bucks

    I've seen budget TBCs at RadioShack for $30.

    Still, I guess the MPAA can't afford to expand the DMCA against TBC makers because it would expose the DMCA to a First Amendment attack, as restricting TBCs restricts speech in video form.

  144. Australia it is legal by Anonymous Coward · · Score: 0

    Number one sony found out the hardway.

    It is legal to mod to use anything legaly aquired.
    Note the word legaly aquired have burntcopy have never been tested in court to see if a dvd is a video or software. All dvd I have seen come with a script based menu and sometime games. The problem here is that you have the right to backup any computer/psx/psx2/xbox program/game for you own use no matter what the disk says and to use mod chips to use the backup as long as you still have the master and don't sell it or copys And this includes the media to make it work.

    So as long as you only copy DVDs with a menu you should be fine but you will really be fine to copy a DVD with a game ie you were backup up the game not the video just the video got copyed while you were at it. Basicly sooner or latter this will be tested in court but the test cases normally says it stands ie a converter from one region to region free would be pefectly fine as long as you own the disk to make it play ie 1.2 floppy converted to 1.4 media format does not have to be the same on the backup as the master.

    Sony lost there fight media produces have overlooked the results of this and then have made major mistakes basicly any dvd with a game is copyable for backup no matter what the licence says here.

    This is wrong in austalia
    2) Distributing those modifications (parts or instructions) IS illegal.
    Because you are allowed to Distributing modifications and instructions to allow people to play backups on different size media than what it came on ie 2 4g dvd on a 8g or a 8g dvd on 2 4g.

    Yep a nice grayline reason why I am alowed legally to have a rom copy of a snes game I own to play on my computer because my snes is stuffed because I am using the backup. Distributing instructions on rom reading is not illegal but giving roms to other people here is.

    They have never been prepared to take on the mod making company in australa after they nuked sony in court all the way to the high court of australia and won every time all the way threw.(once at the high court of austrlia there is nothing more that can be done) Note you can get a Regon X addon for the playstation 2 here as well yep it plays all regons and it just plugs in no opening of case or anything.

    The important thing is legally aquired here steal a DVD and use it you up the creek one of the reasons why DVD not from the region 4 or all regions don't get stollen copyright infringement as well as Theift ie if region 4 or all regions it is just theift. It is a good thing to mix in with a dvd collection if you have a person taking them.

  145. Re:Insane. Absolutely Insane. by jav1231 · · Score: 1

    a) Are you implying that gun manufacturers proliferated guns into poor sections of cities? Links please. And something credible, like say with actual press credentials. Nothing from some PAC group or socialists rags. b) Perhaps they were targeting (pardon the pun) business owners who were tired of being robbed.

  146. LOSE NOT LOOSE!!!!! by DustyShadow · · Score: 1

    The suits are the latest legal action by the Motion Picture Association of America, which claims its members loose billions of dollars annually to copyright piracy. How does one who can't even spell write for Yahoo!?

  147. Please fix the language, not the people. by eugene+ts+wong · · Score: 1

    If we are really concerned about correct language, & I know that I am, then we should be spelling them:
    * loos or loose
    * looz

    Wee shood be spelling things foneticly.

    Note: I'm from BC, Canada, so the spellings that I suggest represent the way that I pronounce them, not necessarily the entire world.

    1. Re:Please fix the language, not the people. by kwoff · · Score: 2, Insightful

      Wee shood be spelling things foneticly.

      Note: I'm from BC, Canada, so the spellings that I suggest represent the way that I pronounce them, not necessarily the entire world.

      This phonetic spelling thing ought to be successful, then, if everyone pronounces the words differently. Eh?

      Mark Twain simplified spelling

    2. Re:Please fix the language, not the people. by eugene+ts+wong · · Score: 1

      Well, okay. There'll be some extremes that we'd want to avoid, but in general, some changes should be good. If people are already misusing something, then it's no use enforcing the "correct" way, I think.

  148. And in a similar fashion... by Julz · · Score: 1

    Okay slightly offtopic but from article refering to P2P software "They had been sued by movie and music companies who claimed they should be held liable because of how their software was used."

    So that should mean if the MPAA had won that one that they would then be open to suits stating "They made the movies which made my little Johnny go and kill some people."

    --
    When shit hits the fan get some of these https://youtu.be/pY-GncsZ-UE
  149. DVD in HD? by achurch · · Score: 1

    They both upscale DVD's to HD resolution and output the unencrypted result over analog component cables.

    I thought the only legal DVD video formats were 640(,704,720)x480 or 320(,352)x240, so it wouldn't make much sense to "upscale" those--you wouldn't get any better quality than the original SD video. Or are there DVDs being distributed in HD now?

  150. But they're right--the industry is being damaged by achurch · · Score: 1

    This is a damned bad sign. I know it's popular to bash on the media, but really, they're supposed to print objective fact rather than opinion. The fact that this article simply claims that P2P has damaged the music industry, rather than attributing it as an opinion of someone else's, says to me that we've already lost that particular part of this fight.

    But if you think about it, file-sharing is damaging the music industry. Why? Because millions of people are discovering that they don't need to be slaves to the labels anymore. Issues of income during a particular year aside, the loss of control over their customers is serious damage.

    The real danger is equating the music industry with the music scene. For a while, these were pretty much one and the same; the Internet is changing that, but as long as the RIAA can get people to believe that the welfare of music itself is dependent on the welfare of the industry, things aren't likely to improve.

  151. get stuffed by dpilot · · Score: 1

    And that's just the thing that is going to kill the competitive posture of the US. Copyright extension and Draconian Media Contoll Authority doesn't really help the media industries, in the long run. It just helps them get lazy, and prevents them from adapting their business model to the realities of electronic distribution.

    More nimble companies will arise in Asia (and no doubt elsewhere) that will have new business models that both allow for electronic distribution and keep artists paid/creating.

    --
    The living have better things to do than to continue hating the dead.
  152. Panasonic sells Region Free DVD Players by acz · · Score: 1

    I have 2 Panasonic and both are Region Free and I
    would have never bought em if they didn't.

  153. Re:The Real Reason Clueless Stewardship by nikko1221 · · Score: 1

    This must have been a fine roomful of folks in control: "About 250 executives from Hollywood studios and home-electronics companies gathered at the Bellagio in Las Vegas earlier this year to toast their soaring fortunes, thanks to the phenomenal success of the digital video disc. Major studios sold a stunning $9.4 billion worth of DVDs to retailers last year, proof that DVDs now bring in a majority--52 percent in 2003--of Hollywood's revenue." (Newsweek July 5, 04)

    So isn't THAT a hoot. These are same maroons who fought videotape under the premise that it would RUIN Hollywood (sorry, there are more than enough folks making crappy movies to do that already). But VHS opened up a multibillion dollar business expansion for them. And now they fight DVD tooth & nail (i.e. buried 321 Studios, r.i.p., etc.) and continue to beat on every other possible means of DVD fair use.

    So they are basically in a position to print money. But in spite of that they are too incompetent to actually run very profitable companies. Keep in mind that many studios have fiscal issues and none of them are really phenominally profitable. So that must mean they must "somehow" "lose" cash. Hmmm, I wonder where.

    --
    "I tried to sleep my way to the top, but my alarm clock always wakes me right up" - TMBG
  154. Legitimate Use clause by os2fan · · Score: 1

    In some countries, the use of DVD regions is held to be a sign of a cartel, and so it is not legitimate to provide this restriction... So i suppose they can point to that...

    --
    OS/2 - because choice is a terrible thing to waste.
  155. Next Up! by Master+of+Transhuman · · Score: 1

    MPAA sues sand for contributing to silicon chips used for piracy!

    Supoenas served in Death Valley, the Gobi Desert, and the Sahara. None were served in Iraq for obvious reasons of security.

    --
    Richard Steven Hack - This sig is TOO GODDAMN SHORT TO DO ANYTHING USEFUL WITH! MORONS!
  156. Strong encryption? by BagMan2 · · Score: 1

    Just curious since we are sort of on the subject of DMCA and encryption. If I make something and I put weak encryption on it (let's say all I do is XOR it with a number that is hard-coded in the source), and then somebody breaks that encryption through relatively trivial means, does that mean they are violating the DMCA?

  157. Re:Insane. Absolutely Insane. by Anonymous Coward · · Score: 0

    "The NRA says 'guns don't kill people, people do.' But I think that the gun helps. You know? I think it helps. I think that if you just walked around going 'Bang!' you wouldn't kill too many people would you? You'd have to be really dogdy on the heart for that to work. I think that people should just try that. Walk around going 'BANG, BANG, BOOM, RATTA TAT, BOOM, RATTA TAT, BOOM!' I think that they should just try it." - Eddie Izzard

  158. Glad some of us live in a free country :) by Kjella · · Score: 1

    For the PC, you can decrypt and burn a DVD to a blank disc. This disc will be playable in nearly ANY DVD player Because of the country I live in, I cannot tell you how to do this.

    That is, Norway :D. Assuming DVD is small enough to fit your disc (DL or otherwise).

    Step 1. Open DVD ripper of choice. Check "remove Macrovision", "remove RCE/REA". (CSS/region coding will disappear anyway). Hit "Start".
    Step 2. Open Nero. Put all files on DVD. Burn.

    This message is encrypted with ROT-26 and is for Norwegian recipients only. Decrypting the above instructions is a violation of the DMCA in the US :D.

    Kjella

    --
    Live today, because you never know what tomorrow brings
    1. Re:Glad some of us live in a free country :) by rworne · · Score: 1

      Actually, I live in the U.S. It's the DMCA that I was referring to.

      --
      I tried every decent and legal way I could think of to resolve the issue w/the business before I rented the chicken suit
  159. Re:Even Reuters can't spell by Anonymous Coward · · Score: 0

    Why? Can't you unleash money?

  160. It's not OK by RLW · · Score: 1

    More bad laws. The public servant should be replaced with corporate puppet for the great many senators and representatives in the US congress.

  161. Re:Insane. Absolutely Insane. by Duhavid · · Score: 1

    I like to watch old movies. ( wait, there is a point ). I was watching a movie from the 1944 ( http://imdb.com/title/tt0037366/ ) called "Thirty Seconds over Tokyo". They refered to cigarettes as "coffin nails" ( in the scene with Van Johnson and Robert Mitchum, where they are on the carrier, the carrier has just left port and is headed out to sea at night ). Anecdotal, and only one data point, but at least the script writer ( and presumably Van Johnson / Robert Mitchum ) knew. I'd bet other instances could be found both in and out of entertainment.

    --
    emt 377 emt 4
  162. MPAA shooting itself in the foot? by worldcitizen · · Score: 1

    IIRC, regional pricing schemes are against international commerce treaties signed by the US

    Also, IIRC, international treaties signed by the US automatically become laws in the US

    Connect the dots with how contracts with illegal clauses lose enforceability and actually the MPAA may be shooting itself in the foot big time with this lawsuit

    1. Re:MPAA shooting itself in the foot? by malfunct · · Score: 1

      I'm not defending the MPAA but I think you will find that they say a Region 2 dvd and Region 1 dvd containing the same movie are actually different products since the Region 1 dvd is only compatible with region 1 players and the region 2 dvd is only comaptible with region 2 players. Furthermore they will probably state that anyone can buy a region 1 dvd for the same price regardless of where they live. They will fail to mention that this is useless to them because they have stopped the sale of region 1 players to thier location.

      --

      "You can now flame me, I am full of love,"

  163. Re:Didn't break the law if the contract was illega by spotteddog · · Score: 1

    The primary purpose is to support both shady and explicitly illegal business activity: Regional pricing / price fixing and inhibition of international resale, regional distribution timing and availability control, and regional content censorship.

    Sounds like racketeering to me....

    --
    . there used to be a sig here.....
  164. Divx players ... Is this a coincidence by Anonymous Coward · · Score: 0

    Is this just a coinincidence that these are also the makers of the most used chipsets for Divx enabled DVD players? I wonder.

  165. Do the scaling before the analog stage by dododge · · Score: 1
    so it wouldn't make much sense to "upscale" those--you wouldn't get any better quality than the original SD video.

    Big-screen TVs have to apply an internal scaler to incoming standard definition signals. Otherwise they'd have problems with visible scan lines. If you can feed the TV a high-definition signal, you can bypass the TV's internal scaler or at least have more control over how the scaling is done.

    For example if your DVD player has a better scaler than the TV, then you probably want to use that instead. This is similar to S-Video output on a Laserdisc player, which in theory provides no benefit but in practice lets you choose between the player's comb filter and the TV's comb filter.

    Even if your DVD player's scaler is the same quality as the TV's, doing it in the player is probably still a better choice. The DVD's scaler gets to work with the original digital image. The TV's scaler starts with the SD video which has already gone through a lossy digital-analog-digital conversion.

    A similar option is to modify a DVD player to output SDI, which is the sort of fully-digital unencrypted standard definition video normally used in video production environments. You can feed SDI into an outboard scaler -- companies like Extron and Key Digital make these -- or use an SDI input card to make a computer-based scaler.

  166. Government-granted monopolies by tepples · · Score: 1

    The solution to a monopoly is competition.

    Who is the competitive provider of electric power? Who is the competitive provider of local low-latency high-speed residential Internet service? Closer to the topic of this article, who is the competitive provider of novels used in twentieth century literature classes in universities? How would somebody surmount these government-enforced entry barriers?

    1. Re:Government-granted monopolies by prisoner-of-enigma · · Score: 1

      How would somebody surmount these government-enforced entry barriers?

      There is no "government enforced" barrier to entry for any of the above things you mentioned. There is no law preventing you from generating your own electricity and selling it to your neighbor. If you produce more power than your home consumes and you run your power meter backwards, the local utility is required by law to pay you for it at the same rate they'd charge you for power. So, to completely undermine your argument, you actually have the advantage here as the government is forcing the utility to do business with you.

      Next item to knock down: there is nothing preventing you from providing local low-latency, high-speed residential Internet service, either. Five years ago I put together a wireless ISP for my entire subdivision, run out of my own home, and it's still in use today with hundreds of customers. Five years ago there was no DSL or cable modem service here, so I cornered the broadband market. Today, even though DSL and cable modems are available, my customers stuck with my service because I'm cheaper, faster, and offer better customer service than the local mega-ISP's. And I make a good profit doing it, too.

      Feeling beaten? Don't run away, I'm not done with you yet. You ask "who is the competitive provider of novels used in twentieth century literature classes in universities?" There is no law preventing you or anyone else from authoring any number of texts on any number of subjects you like. Similarly, there's no law preventing you from selling such books/novels to whoever you like, including universities. If you can outdo your competition, you can succeed.

      Now, what have we learned from this? We've learned that your "government-enforced entry barriers" are figments of your imagination. We've learned that you'd rather spend twice as much effort whining about how you can't do something rather than actually doing that something. In short, you're likely a failure, and you're a failure because you don't try. Further, you're jealous of those around you who have succeeded, and you try to diminish their success by calling them "privileged" or "lucky", thus excusing your own apathy, failure, and laziness.

      If you'd have spent half the effort you spent making all the above excuses actually looking for ways to solve a problem rather than looking for more excuses, you'd have less to complain about. But complaining is easy and work is hard. That's why you're likely to continue to fail in your life, and people like me will continue to succeed, and you'll be jealous and hateful of people like me and I'll feel nothing but contempt for people like you.

      --
      In the end they will lay their freedom at our feet and say to us, Make us your slaves, but feed us. - Fyodor Dostoyevsky
  167. Copyright == Not a free market by zooblethorpe · · Score: 1
    Maybe someday we'll ditch the free market for information and the prices of DVD's will be fixed by government committee.

    Um, aren't they already? By some extension, that's technically what is happening now, with the various IP groups purchasing their congresscritters to define what "fair" is.

    It seems to have missed your notice, but the simple presence of copyright is a limitation on the market. Ergo, your comment about "ditch[ing] the free market" makes no sense -- we don't have one now, how could we ditch something we don't have?

    All I'm trying to say is, if you want a free market, espouse a truly free market. What we have now with all the legal tangles is anything but.

    --
    "What in the name of Fats Waller is that?"
    "A four-foot prune."
  168. OK, maybe not, but there's still the $$$ problem by tepples · · Score: 1

    There is no law preventing you from generating your own electricity and selling it to your neighbor.

    Wouldn't selling electric power to my neighbor or to the power company require me to go back to school and take out a second student loan to pay tuition in order to learn how to generate electric power and sell it to my neighbor or to the power company? Or do there exist plug-and-play household solar power generators? Google didn't help.

    If you produce more power than your home consumes and you run your power meter backwards, the local utility is required by law to pay you for it at the same rate they'd charge you for power.

    I didn't know I could sell power back to the incumbent. Thank you. But wouldn't it still require an allegedly oppressive contract with the incumbent?

    there is nothing preventing you from providing local low-latency, high-speed residential Internet service, either. Five years ago I put together a wireless ISP for my entire subdivision

    Now that you have said the word "wireless", I have something to latch onto for Google research. Thank you. (after several minutes of using Google) I did some research into fixed terrestrial wireless and found an article about BroadLink. But there's one thing: what little information I could find on the site is nearly useless to ISPs that want to become a BroadLink partner and sell dishes to local customers. How would one learn more about this? And wouldn't managing a new business require that I go to a business school, taking out a second student loan? And how would I come across the land to put my antenna on?

    In other words, I admit that my examples failed. Thank you for pointing out that I had misplaced the entry barriers in my argument; instead of at the municipal government level, they turned out to be at the education finance level. However, there are some other public utilities that I can't easily think of how to replace with small-business competition, such as the water company (as some state laws prohibit collecting rain on one's land) the natural gas company (as many customers own gas-powered appliances and couldn't afford to replace them with electric appliances even if I were to supply electricity for free), and the phone company (in the areas whose terrain interferes with fixed terrestrial wireless). What would you suggest to replace these? In addition:

    You ask "who is the competitive provider of novels used in twentieth century literature classes in universities?" There is no law preventing you or anyone else from authoring any number of texts on any number of subjects you like.

    It appears you have shifted the discussion from twentieth century novels to textbooks about twentieth century novels. Because each university has a different set of copyrighted novels that it chooses, many universities insource these textbooks; one of its professors writes such a text giving an overview of the novels, and the university press prints it and sells it to the bookstore. Can you help me find keywords that would help me use Google to discover another inroad to this market?

    If you'd have spent half the effort you spent making all the above excuses actually looking for ways to solve a problem rather than looking for more excuses

    I see those two activities as one in the same. What do you consider the more polite way to get other people to help me discover alternatives by tossing out relevant keywords such as "sell power back to the power company" and "fixed wireless", other than by explaining a few ideas that I know don't work, which you have called "making excuses"?

    But complaining is easy and work is hard.

    Without a job, I can't earn the money I need to invest in one of these businesses you describe. How would you suggest I find a job related to my computer science degre

  169. I modded you down by Anonymous Coward · · Score: 0

    after having "RTFM"

    It's not because I disgareed with you; your points are quite valid and worth noting for those didn't read the article.

    I modded you down because when you used sentences like "Fanatics who don't want to RTFM are welcomed to mod me down." and "Overrated: Moderation used by the l33t snobs of /. with small genetalia," it became clear that you yourself are a l33t snob of /. who "welcomed" (read as: taunted in teenage angst-style manner) others to mod you down; specifically, as overrated.

    And that is exactly what I did. This cannot come as a surprise to someone like you who surely has been modded down as overerated before, either.

    Or maybe I just did it because I have small genetalia... :P

  170. Re:OK, maybe not, but there's still the $$$ proble by prisoner-of-enigma · · Score: 1

    Look, I'm getting tired of expending my effort to solve your problems. I've made my point and disputed yours. Spend your effort solving your problems on your own instead of coming up with ever more excuses to throw this way. You make mountains out of molehills in an excuse to keep yourself from having to exert effort, and then you complain about how you're oppressed by everyone else. It's pathetic.

    --
    In the end they will lay their freedom at our feet and say to us, Make us your slaves, but feed us. - Fyodor Dostoyevsky
  171. I'm willing to learn by tepples · · Score: 1

    Spend your effort solving your problems on your own

    Yes, I admit that you have called me pathetic. Still, no matter how much "effort" I apply, I lack the investigative skills to make that effort fruitful. Thus, my core question remains: How can I learn to solve my problems on my own?

    1. Re:I'm willing to learn by prisoner-of-enigma · · Score: 1

      Have you no imagination? You've certainly been imaginative in your ability to find reasons why you can't do something. You should instead be focusing that effort on finding ways you can do that something. Try the following:

      1. Define the problem (i.e. How can I provide low-latency, high-speed Internet service to my area and turn a profit?)

      2. Research what needs to be done in order to solve the problem (i.e. find out what equipment you need, what training you might need, and whether or not your target market will want to purchase your product or service).

      3. If/when you encounter obstacles, just define this as a new sub-problem to solve and go back to step one. Once the obstacle is overcome, continue on with solving the main problem.

      4. Continue until all problems are solved. In the end, you'll either have a working solution or you'll have discovered your original goal was unworkable, unacheiveable, or unmarketable...at which point you learn from your experience and try something else.

      5. Above all, do not sit back and whine about how everyone is keeping you from being successful. You are the only person that can keep you from being successful. Some of the richest, most successful people in history have risen from poverty, succeeded with no education, and overcome physical and mental disabilities. The succeeded because they refused to say "I can't." It sounds trite, but that's all there is to it. If you try hard enough and long enough, you are almost guaranteed to succeed in something. What that something is is up to you.

      --
      In the end they will lay their freedom at our feet and say to us, Make us your slaves, but feed us. - Fyodor Dostoyevsky
  172. To follow this system, I need research tips by tepples · · Score: 1

    1. Define the problem ... 2. Research what needs to be done ... 3. Recursion ... 4. Continue until all problems are solved.

    I have in fact followed much of the problem-solving method you outline, but being an imperfect human being, I have encountered obstacles in the research step. A question of "how do I find out how to find out how to find out how to find out ... how to X?" leads to infinite recursion. To put it more boldly, given the problem "I have not succeeded at research often enough", how would one apply step 2 without overflowing the stack?

    In the end, you'll either have a working solution or you'll have discovered your original goal was unworkable, unacheiveable, or unmarketable

    When I whine on Slashdot, I'm merely expressing that my goal was unreachable within my available resources, asking readers what I could have missed in my research. In other word: This very conversation is research. You are step 2.

    1. Re:To follow this system, I need research tips by prisoner-of-enigma · · Score: 1

      To put it more boldly, given the problem "I have not succeeded at research often enough", how would one apply step 2 without overflowing the stack?

      I fail to understand how anyone with the vast resources of the WWW can "fail" at research. The knowledge of the world is at your fingertips. You can find the answer to just about any question from atomic physics to zebra mating habits using Google.com. If you aren't adept at using a search engine, you can pose your specific questions in any appropriate newsgroup, of which there are thousands.

      On the Internet, you can find all the data you need. You can educate yourself to the point where you could pass a test on just about any subject you'd care to learn about -- usually for free. I had a physics question I wanted answered once, and lo and behold I managed to get an email to Kip Thorne, one of the pre-eminent physicists of the 20th century, and he replied with the answer. You just have to try. Infinite recursion is not the result of trying to hard, it is the result of not trying hard enough.

      --
      In the end they will lay their freedom at our feet and say to us, Make us your slaves, but feed us. - Fyodor Dostoyevsky