Does it actually say this in the licence? In fact, does it actually say clearly on the outside of the box that games are only licenced to be played in a particular territory, so the purchaser can decide whether or not to agree to the licence?
If not, then how were Sony allowed to get away with this argument?
Hmmm. I don't know exactly what the court was trying to say here. For that matter, I don't think I understand what 2600 was trying to argue. The legal status of using DeCSS to make fair use of purchased material was not at issue.
In the Appelate Reply Brief submitted by EFF/2600 on 19th March they argue that the ability to make non-infringing use of DeCSS is limited by the decision, and that if DMCA does allow fair use to be restricted in this way(and others) then it is unconstitutional.
The Appelate reply brief states that:
The Studios argue that a purchaser of a DVD containing their movies does not receive legal "authority" to decrypt the work. Studios at 63 n. 43. Instead, they claim that "authorization by the Studios [upon purchase of a DVD] has been limited to accessing DVD content via authorized equipment." Id. But where and how has this authority "limited"? Nowhere during or after the purchase transaction are consumers informed, much less contractually bound, to view the work only on "authorized equipment." To the contrary, DVDs are sold with no contractual restrictions whatsoever.
thereby placing the onus on the Plaintiff to show that authority is limited (I think - IANAL).
Third, the Appellants argue that an individual who buys a DVD has the "authority of the copyright owner" to view the DVD, and therefore is exemted from the DMCA pursuant to subsection 1201 (a) (3) (A) when the buyer circumvents an encryption technology in order to view the DVD on a competing platform (such as linux). The basic flaw in this argument is that it misreads subsection 1201(a)(3)(A). That provision exempts from liability those who would "decrypt" an encrypted DVD with the authority of a copyright owner, not those who would "view" a DVD with the authority of a copyright owner. In any event, the Defendants offer no evidence that the Plaintiffs have either explicitly or implicitly authorized DVD buyes to circumvent encryption technology to support use on multiple platforms"
Ie. Buying a DVD does not grant any right to view it, especially not on Linux.
"anyone who infringes a copyright held by the DVDCCA or by any DVD content provider may be subject to action under the Copyright Act."
Is it my imagination, or is the court saying here that the DMCA is unneccessary and the movie industry should stop whining about DeCSS and get on with simply prosecuting anyone who makes non-fair use copies?
At $ORKPLACE we do lots of data hosting, printing of mailshots and other such menial tasks for companys that can't be bothered.
While I'd love to switch to open source alternatives to SQL Server, Office etc a lot of clients like to know that we're using software that they know and (thanks to MS marketing) trust...
Anti-Islamic Violence
on
More WTC News
·
· Score: 3, Interesting
From the Guardian:
Anti-Islamic sentiment has turned to violence in pockets across the world following Tuesday's terrorist attacks, despite the fact that no group has claimed responsibility or been officially blamed.
A Molotov cocktail was thrown at an Arab-American community centre in Chicago, a firebomb was hurled at a mosque in Montreal, and in Australia, aggressors threw stones and bottles at a busload of Muslim schoolchildren.
In New York, a 75-year-old drunken man tried to run over a Pakistani woman in a shopping mall parking lot. He then followed her into a shop and threatened to kill her for "destroying my country".
In Illinois 300 protesters, some waving American flags, tried to march on a mosque in this south-west Chicago suburb last night.
Three demonstrators were arrested as police worked to keep the crowds away from the Muslim place of worship.
"I'm proud to be American and I hate Arabs and I always have," said 19-year-old Colin Zaremba, who marched with the group.
Tamara Alfson, an American working at the Kuwait embassy in Washington, spent yesterday counselling frightened Kuwaiti students attending schools across the United States.
"Some of them have already been harassed," she said.
In a show of patriotism, 45 people from Tampa, Florida's Islamic community yesterday registered to donate blood and 30 members of the Muslim Students Association at the University of South Florida signed up.
Abu Nahidian, director of the Manassas mosque in Virginia, said his congregation has been the target of insults and hate messages left on the office answering machine.
"We have some recordings in our tapes that say, 'We hate you so-and-so Muslims and we hope you die'," he said.
Several other incidents were reported in Canada, where five school children with Arabic-sounding names were assaulted in Oakville, Ontario.
In Australia, the school bus attack took place in Brisbane. In Sydney, a Lebanese church was daubed with swastikas and an attempt was made to burn it down.
Queensland state's Islamic council chairman, Sultan Deen, said public outrage over the attacks had also led to abusive phone calls to mosques.
"It is very disturbing. They are saying things like: 'You will be held responsible' and 'We'll get you,'" Mr Deen said.
An Islamic group in Singapore today urged people not to lay blame too quickly for the terrorist attacks.
"The process of scapegoating started immediately after the crashes," the Muslim community organisation Fateha said in a statement.
"We note, with terrible unease, the way Arabs and Muslims are treated in America, before any real evidence has been established on the perpetrators of this horrendous crime," the statement said.
Replying to myself - I managed to find out... dvwssr.dll FileDescription: Microsoft Design Tool - Link View What the fsck is that doing anywhere near the web server, let alone doing user validation or however this backdoor works????? Interestingly enough, Microsoft have nothing about it on their web site, not even in the Technet or MSDN security sections...
Sound on SCII is fine under 1.0 - I wouldn't have got any sleep last night if it wasn't for some problems with the colours which I suspect is the fault my graphics card (CL Banshee), not DOSEMU.
I've made another post already about the Cometition Act 1998, but as well as policing market controls, it also (I think - IANAL) makes it illegal to put any restrictions on a license other than those directly related to the product, which should make the anti-reverse engineering licenses illegal.
This is where things get fun... The UK has a new law coming into force in a couple of weeks time (The Competition Act 1998) which (IANAL) seems to make it illegal to use a dominant market position to control the market. Given that the Office of Fair Trading just published a report showing that DVDs are priced higher in the UK than the US and have already promised to investigate the issue, we could be seeing some serious (Government) action here soon. PS. I did actually post this story at around 1pm GMT...
Slashdot Mirror
They'll win, then we can all sue them for the time wasted clicking on broken links...
--
Mod -1, I shouldn't be allowed to post when I'm bored.
s/Linux/IBM/g
Well, they've got the money to do it...
Does it actually say this in the licence? In fact, does it actually say clearly on the outside of the box that games are only licenced to be played in a particular territory, so the purchaser can decide whether or not to agree to the licence?
If not, then how were Sony allowed to get away with this argument?
In the Appelate Reply Brief submitted by EFF/2600 on 19th March they argue that the ability to make non-infringing use of DeCSS is limited by the decision, and that if DMCA does allow fair use to be restricted in this way(and others) then it is unconstitutional.
The Appelate reply brief states that:
The Studios argue that a purchaser of a DVD containing their movies does not receive legal "authority" to decrypt the work. Studios at 63 n. 43. Instead, they claim that "authorization by the Studios [upon purchase of a DVD] has been limited to accessing DVD content via authorized equipment." Id. But where and how has this authority "limited"? Nowhere during or after the purchase transaction are consumers informed, much less contractually bound, to view the work only on "authorized equipment." To the contrary, DVDs are sold with no contractual restrictions whatsoever.thereby placing the onus on the Plaintiff to show that authority is limited (I think - IANAL).
Unfortunately not: pp 30-31
Third, the Appellants argue that an individual who buys a DVD has the "authority of the copyright owner" to view the DVD, and therefore is exemted from the DMCA pursuant to subsection 1201 (a) (3) (A) when the buyer circumvents an encryption technology in order to view the DVD on a competing platform (such as linux). The basic flaw in this argument is that it misreads subsection 1201(a)(3)(A). That provision exempts from liability those who would "decrypt" an encrypted DVD with the authority of a copyright owner, not those who would "view" a DVD with the authority of a copyright owner. In any event, the Defendants offer no evidence that the Plaintiffs have either explicitly or implicitly authorized DVD buyes to circumvent encryption technology to support use on multiple platforms"
Ie. Buying a DVD does not grant any right to view it, especially not on Linux.
"anyone who infringes a copyright held by the DVDCCA or by any DVD content provider may be subject to action under the Copyright Act."
Is it my imagination, or is the court saying here that the DMCA is unneccessary and the movie industry should stop whining about DeCSS and get on with simply prosecuting anyone who makes non-fair use copies?
At $ORKPLACE we do lots of data hosting, printing of mailshots and other such menial tasks for companys that can't be bothered.
While I'd love to switch to open source alternatives to SQL Server, Office etc a lot of clients like to know that we're using software that they know and (thanks to MS marketing) trust...
From the Guardian: Anti-Islamic sentiment has turned to violence in pockets across the world following Tuesday's terrorist attacks, despite the fact that no group has claimed responsibility or been officially blamed. A Molotov cocktail was thrown at an Arab-American community centre in Chicago, a firebomb was hurled at a mosque in Montreal, and in Australia, aggressors threw stones and bottles at a busload of Muslim schoolchildren. In New York, a 75-year-old drunken man tried to run over a Pakistani woman in a shopping mall parking lot. He then followed her into a shop and threatened to kill her for "destroying my country". In Illinois 300 protesters, some waving American flags, tried to march on a mosque in this south-west Chicago suburb last night. Three demonstrators were arrested as police worked to keep the crowds away from the Muslim place of worship. "I'm proud to be American and I hate Arabs and I always have," said 19-year-old Colin Zaremba, who marched with the group. Tamara Alfson, an American working at the Kuwait embassy in Washington, spent yesterday counselling frightened Kuwaiti students attending schools across the United States. "Some of them have already been harassed," she said. In a show of patriotism, 45 people from Tampa, Florida's Islamic community yesterday registered to donate blood and 30 members of the Muslim Students Association at the University of South Florida signed up. Abu Nahidian, director of the Manassas mosque in Virginia, said his congregation has been the target of insults and hate messages left on the office answering machine. "We have some recordings in our tapes that say, 'We hate you so-and-so Muslims and we hope you die'," he said. Several other incidents were reported in Canada, where five school children with Arabic-sounding names were assaulted in Oakville, Ontario. In Australia, the school bus attack took place in Brisbane. In Sydney, a Lebanese church was daubed with swastikas and an attempt was made to burn it down. Queensland state's Islamic council chairman, Sultan Deen, said public outrage over the attacks had also led to abusive phone calls to mosques. "It is very disturbing. They are saying things like: 'You will be held responsible' and 'We'll get you,'" Mr Deen said. An Islamic group in Singapore today urged people not to lay blame too quickly for the terrorist attacks. "The process of scapegoating started immediately after the crashes," the Muslim community organisation Fateha said in a statement. "We note, with terrible unease, the way Arabs and Muslims are treated in America, before any real evidence has been established on the perpetrators of this horrendous crime," the statement said.
The Act is sufficiently clueless that you are allowed to revoke your keys - you just can't tell anyone why...
Replying to myself - I managed to find out... dvwssr.dll FileDescription: Microsoft Design Tool - Link View What the fsck is that doing anywhere near the web server, let alone doing user validation or however this backdoor works????? Interestingly enough, Microsoft have nothing about it on their web site, not even in the Technet or MSDN security sections...
If Microsoft are saying that dvwssr.dll can be deleted, what does it actually do?
Sound on SCII is fine under 1.0 - I wouldn't have got any sleep last night if it wasn't for some problems with the colours which I suspect is the fault my graphics card (CL Banshee), not DOSEMU.
I've made another post already about the Cometition Act 1998, but as well as policing market controls, it also (I think - IANAL) makes it illegal to put any restrictions on a license other than those directly related to the product, which should make the anti-reverse engineering licenses illegal.
This is where things get fun... The UK has a new law coming into force in a couple of weeks time (The Competition Act 1998) which (IANAL) seems to make it illegal to use a dominant market position to control the market. Given that the Office of Fair Trading just published a report showing that DVDs are priced higher in the UK than the US and have already promised to investigate the issue, we could be seeing some serious (Government) action here soon. PS. I did actually post this story at around 1pm GMT...
In the UK we've got the EU Convention (or Declaration, I forget which) on Human Rights built into our legal system now, so we should be OK.