SCMS & the blank disc royalty was the bargain struck between congress and the industry to allow private home copying. If they fail to uphold their side of the deal it's only fair that they should be held accountable.
As I pointed out in another discussion AHRA imposes penalties for manipulating the existing copy protection (SCMS) to prevent legitimate copying - so it makes sense that other technology would similarly be a violation of the AHRA.
According to the audio home recordings act deliberate mis encoding of copyright status, generation status to prevent home copying is illegal. Although this method of protection doesn't screw with SCMS it could be viewed as analogous to doing so as it prevents the home recording allowed by the act. IANAL.
When a judge says you have "No Chance of success on the merits" do you think that looks like an invitation to come back and argue. The case will either be dismissed for "failure to state a claim for which relief can be granted" or similarly subject to summary judgment in 2600.com's favor.
The case won't go to trial - the judge essentially said that ford has no chance of success not that they don't have a strong liklihood of success.
The next step will be a motion for summary judgment by 2600.com which is appropriate as the judge already found that no facts are in dispute. All the judge has to rule on then is weather 2600.com is as a matter of law entitled to summary judgment - it appears from this order by the judge that he will have no problem making that decision.
The problem here is a question of balance. Yes copyright infringement is a generally bad thing. It pushes up prices for the rest of us and threatens the profitiability of the providers. Is stopping piracy the most important thing in the world ??
heck no !
The content industry has been screaming "The monsters are coming" for years yet entertainment is still masively profitable for them. The current law already shifts the balance too far in favour of the industry and away from consumers. If the quest to stop infrigement is going to interfere with everyday life then it's going too far.
If BUMA / STEMRA represent the record industry's interests in the netherlands (much like PRS & PPL in England) why is there a separate suit by the RIAA ? Will we see BUMA / STEMRA / PRS / PPL / the canadian one / etc.. bringing cases against people licensed by the RIAA when they start selling songs to people outside the USA ?
What you're thinking of is the "Implied Warranty of Merchantability" per the uniform commercial code. Unless expressly disclaimed by the retailer at the point of sale this applies to your purchase.
I don't think the industry quite gets it anymore. I do not own a CD player as such - I have a CD-ROM in my computer and a DVD player. If universal copy protects their CD's I won't be able to play them and if I can't play them I won't buy them.
I suspect more and more people are going to be in this situation.
Their argument that blank CD's are harming their sales is bogus too - the reason more blanks than pre-recorded discs are sold is because there are many other uses for blanks - from publishing your own music, backing up your computer, etc. I own two cd-writers and never use them to copy music.
The different parts that were to be supplied by the nations involved in the ISS were agreed in a treaty document signed by all members. So far the US has reneged on this deal in three areas :
1)The crew return vehicle
2)The engine necessary to sustain the orbit of iss (instead we're relying on the shuttle for this)
3)The number of supply flights
I haven't heard of anybody else not supplying what they agreed to (sure the russians were late with one component but they came through in the end). So therefore the concerns raised by Canada, Japan & Europe seem to be valid.
Why should the other nations pour more money into it when they've already seen their scientific programs destroyed by the US dragging their feet.
If we want the lead role on this project it's we're going to have to pay the price for having the lead role.
Maybe be adobe will leave well alone - District court decisions are not binding on other courts - decisions of the 9th circuit court however are binding on all federal courts in the 9th circuit and would constitute "pusuasive authority" (not binding) in the other circuits.
yes you would because this isn't a new law merely a clarification of what the law always was - you didn't just gain this right to resell software today you always had it - so microsoft/ebay would be liable for your losses.
This is simply the first time that somebody has gone to court to protect their right.
Bennet is a joke - he's no closer to space than I am - he's just launching rockets on commercially available model rocket motors. Check out my website for more models:-)
Seriously this guy is most famous for getting UK model rocket enthusiasts banned from launching on government land because he torched acres of firing range a few years ago.
This won't work unless you plan to never visit the USA - the courts in california have already ruled that they have jurisdiction over the whole internet.
OK - You've been hibernating for the last two years huh ?
DeCSS is software that allows people who have a DVD drive to play DVD's (which they bought - and are therefore licensed to play) on their computer - yet this is illegal under DMCA (or so
the movie industry argues).
Dimtry's PDF processor wasn't even produced here - it was produced in a country where it's use is not illegal - he is charged with a crime because people in the US could have bought his program.
What if some federal prosecutor on a mission against evil computer criminals decides the whole linux kernel is a circumvention device ???
The people facing prosecution under the DMCA are not the pirates - they are just programmers not unlike alan cox.
Huh ?? so it's only censorship if the government does it eh ? I don't think argument really stands up.
Imagine this - your employer tells you that you will be fired because you own a gun (at home) would you not consider a lawsuit claiming your employer was violating your constitutional right ?
What if your isp uses MAPS to block email to your account - how is that voluntary ?? (true i could choose another ISP - but how many tell you up front if they use maps).
Deliberately deleting somebody elses data is a crime - it shouldn't matter what your motivation is - what next copyright holders will be exempted from murder charges where they killed somebody to prevent copyright infringement.
As if we don't have enough problems with viruses, hacking attempts etc. whe now have to worry about DOS attacks and file deletion from the record industry.
"The discworld's inhabitants having no record industry had to fall back on more traditional forms of banditry" - Terry Pratchett
Slashdot Mirror
SCMS & the blank disc royalty was the bargain struck between congress and the industry to allow private home copying. If they fail to uphold their side of the deal it's only fair that they should be held accountable.
As I pointed out in another discussion AHRA imposes penalties for manipulating the existing copy protection (SCMS) to prevent legitimate copying - so it makes sense that other technology would similarly be a violation of the AHRA.
"Doesnt matter what part of the world you're in"
Unless it's a cloudy part of the world !
According to the audio home recordings act deliberate mis encoding of copyright status, generation status to prevent home copying is illegal. Although this method of protection doesn't screw with SCMS it could be viewed as analogous to doing so as it prevents the home recording allowed by the act. IANAL.
This is record industry propaganda - the Audio Home Recording Act does grant you the right to copy music for your own personal use.
A friend of mine toured local retailers before Christmas - and he was told by them that they were seeing a 37% approx failure rate on XBoxes.
This may have been BS to cover for them having no stock but it seems like a bad way to sell something to me.
Veneer !!
(drinks from beer can)
When a judge says you have "No Chance of success on the merits" do you think that looks like an invitation to come back and argue. The case will either be dismissed for "failure to state a claim for which relief can be granted" or similarly subject to summary judgment in 2600.com's favor.
The case won't go to trial - the judge essentially said that ford has no chance of success not that they don't have a strong liklihood of success.
The next step will be a motion for summary judgment by 2600.com which is appropriate as the judge already found that no facts are in dispute. All the judge has to rule on then is weather 2600.com is as a matter of law entitled to summary judgment - it appears from this order by the judge that he will have no problem making that decision.
The problem here is a question of balance. Yes copyright infringement is a generally bad thing. It pushes up prices for the rest of us and threatens the profitiability of the providers. Is stopping piracy the most important thing in the world ??
heck no !
The content industry has been screaming "The monsters are coming" for years yet entertainment is still masively profitable for them. The current law already shifts the balance too far in favour of the industry and away from consumers. If the quest to stop infrigement is going to interfere with everyday life then it's going too far.
Ok now I'm confused .....
If BUMA / STEMRA represent the record industry's interests in the netherlands (much like PRS & PPL in England) why is there a separate suit by the RIAA ? Will we see BUMA / STEMRA / PRS / PPL / the canadian one / etc.. bringing cases against people licensed by the RIAA when they start selling songs to people outside the USA ?
NT is a trademark of Northern Telecom.
What you're thinking of is the "Implied Warranty of Merchantability" per the uniform commercial code. Unless expressly disclaimed by the retailer at the point of sale this applies to your purchase.
I don't think the industry quite gets it anymore. I do not own a CD player as such - I have a CD-ROM in my computer and a DVD player. If universal copy protects their CD's I won't be able to play them and if I can't play them I won't buy them.
I suspect more and more people are going to be in this situation.
Their argument that blank CD's are harming their sales is bogus too - the reason more blanks than pre-recorded discs are sold is because there are many other uses for blanks - from publishing your own music, backing up your computer, etc. I own two cd-writers and never use them to copy music.
The different parts that were to be supplied by the nations involved in the ISS were agreed in a treaty document signed by all members. So far the US has reneged on this deal in three areas :
1)The crew return vehicle
2)The engine necessary to sustain the orbit of iss (instead we're relying on the shuttle for this)
3)The number of supply flights
I haven't heard of anybody else not supplying what they agreed to (sure the russians were late with one component but they came through in the end). So therefore the concerns raised by Canada, Japan & Europe seem to be valid.
Why should the other nations pour more money into it when they've already seen their scientific programs destroyed by the US dragging their feet.
If we want the lead role on this project it's we're going to have to pay the price for having the lead role.
Maybe be adobe will leave well alone - District court decisions are not binding on other courts - decisions of the 9th circuit court however are binding on all federal courts in the 9th circuit and would constitute "pusuasive authority" (not binding) in the other circuits.
yes you would because this isn't a new law merely a clarification of what the law always was - you didn't just gain this right to resell software today you always had it - so microsoft/ebay would be liable for your losses.
This is simply the first time that somebody has gone to court to protect their right.
Bennet is a joke - he's no closer to space than I am - he's just launching rockets on commercially available model rocket motors. Check out my website for more models :-)
Seriously this guy is most famous for getting UK model rocket enthusiasts banned from launching on government land because he torched acres of firing range a few years ago.
It used to be believed that people wouldn't be able to survive travel faster than 30 mph.
It's acceleration that makes people pass out not speed. Otherwise the rotation of the earth would keep us all out for good.
You know the one saying you can't install windows on a non microsoft version of DOS - History repeats itself :-)
This won't work unless you plan to never visit the USA - the courts in california have already ruled that they have jurisdiction over the whole internet.
OK - You've been hibernating for the last two years huh ?
DeCSS is software that allows people who have a DVD drive to play DVD's (which they bought - and are therefore licensed to play) on their computer - yet this is illegal under DMCA (or so
the movie industry argues).
Dimtry's PDF processor wasn't even produced here - it was produced in a country where it's use is not illegal - he is charged with a crime because people in the US could have bought his program.
What if some federal prosecutor on a mission against evil computer criminals decides the whole linux kernel is a circumvention device ???
The people facing prosecution under the DMCA are not the pirates - they are just programmers not unlike alan cox.
Huh ?? so it's only censorship if the government does it eh ? I don't think argument really stands up.
Imagine this - your employer tells you that you will be fired because you own a gun (at home) would you not consider a lawsuit claiming your employer was violating your constitutional right ?
What if your isp uses MAPS to block email to your account - how is that voluntary ?? (true i could choose another ISP - but how many tell you up front if they use maps).
Deliberately deleting somebody elses data is a crime - it shouldn't matter what your motivation is - what next copyright holders will be exempted from murder charges where they killed somebody to prevent copyright infringement.
As if we don't have enough problems with viruses, hacking attempts etc. whe now have to worry about DOS attacks and file deletion from the record industry.
"The discworld's inhabitants having no record industry had to fall back on more traditional forms of banditry" - Terry Pratchett