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Lawsuit Invokes DMCA to Force DRM Adoption
TechnicolourSquirrel writes "Forbes.com informs us that the company Media Rights Technologies is suing Microsoft, Apple, Adobe, and Real Networks for not using its DRM technology and therefore 'failing to include measures to control access to copyrighted material.' The company alleges that their refusal to use MRT's X1 Recording Control technology constitutes a 'circumvention' of a copyright protection system, which is of course illegal under the Digital Millenium Copryight Act. I would say more, but without controlling access to this paragraph with MRT's products, I fear I have already risked too much ..."
Now this is truly funny. Not buying from them is a violation of the law? I suspect it's a publicity campaign. Lawsuits are very popular for that sort of thing, nowadays.
So Apple by NOT using any DRM, is circumventing the DMCA?
Let me be the first to call BULLSHIT on that. DMCA only applies AFTER you've applied DRM to the material involved. I hope the judge tells this little company to GTFO of his courtroom and laugh them out of court because in all honesty this lawsuit is bullshit.
Remember it is the right of the company to choose NOT to protect the copyright with DRM. Apple is taking a step in the right direction with their iTunes store with the DRM-free songs people can buy even if is its $1.30 (which may be more than the market is willing to bear).
09F911029D74E35BD84156C5635688C0
+2 Troll is Slashdot's way of saying groupthink is confused
ObDisclaimer: IANAL
I think it's high time we had lawsuit reform.
Reform #1: If lawsuit is deemed frivolous, plaintiff pays for defendant's legal fees, court costs, and some penalty to be divvied between the court and the defendant(s).
Reform #2: Neither party is allowed to spend more on legal fees and/or time spent, in the case of pro bono.
Reform #3: If a plaintiff has had 3 lawsuits deemed frivolous, they are barred from suing for one year. A fourth is 5 years. A fifth is 10 years.
Reform #4: A lawyer who's had 3 or more lawsuits dismissed for frivolity is suspended for one year. A fourth is grounds for disbarment. A fifth is automatic disbarment.
Like I said previously, IANAL. Some of these might already be in place. Some might not be good ideas. But the time for stopping this litigious nonsense has come.
Rule #1 -- Politics always trumps technology.
Come on guys. You are looking at this all wrong. You WANT them to win this suite. Why? Because then the big corporations will FINALLY be on OUR side in saying the DMCA is one of the worst laws to be passed in recent times.
We were all warned a long time ago that MS products sucked, remember the Magic 8 Ball said, "Outlook not so good"
It's an obvious attempt to mooch free advertising. And here we are, giving them exactly what they want. All for the cost of having their lawyer send a couple of C&D letters. Sad. (But instructive).
First of all no lawsuit has been filed, they just sent a cease and desist.
This is otherwise known as creative marketing, nobody even knew these guys existed up
to this point. Will they every file a lawsuit? Doubt it, but this little stunt makes
it possible that someone will look and possibly care about whatever snake oil they produce.
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