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Re: [dvd-discuss] EFF: Court Endorses Ban on DVD Copy Technology[321 Studios]
- To: dvd-discuss(at)eon.law.harvard.edu
- Subject: Re: [dvd-discuss] EFF: Court Endorses Ban on DVD Copy Technology[321 Studios]
- From: Joshua Stratton <cpt(at)gryphon.auspice.net>
- Date: Fri, 27 Feb 2004 16:02:59 -0500 (EST)
- In-reply-to: <Pine.LNX.4.58.0402271348570.23420@hex.cs.umass.edu>
- Reply-to: dvd-discuss(at)eon.law.harvard.edu
- Sender: owner-dvd-discuss(at)eon.law.harvard.edu
Presumably the answer is that the authority was given to the DVDCCA to
authorize manufacturers to decrypt in the course of normal operations of
DVDCCA-allowed players.
Or they just don't get it, which seems a bit more likely to me.
> The opinion cites Corley (272 F.3d at 444) and says "This
> Court agrees with the Corley court that the purchase of a DVD does not
> give to the purchaser the authority of the copyright holder to decrypt
> CSS."
>
> Does the court still not realize that decryption is necessary
> in order to view?
>
> A. I have purchased a DVD.
> B. I have purchased licensed DVD player hardware.
> C. I have signed no license agreement with the DVDCCA.
> D. In order to view the content on the DVD, it must somehow be
> decrypted.
>
> Decryption does not occur magically; it is performed by my computer at
> my instruction. The computer is a proxy for my action, not an actor
> itself. If, as the court opines, the combination of (A & B) does not
> confer *upon me* the "authority of the copyright holder" which is
> required to decrypt, and furthermore given (C); how am I legally clear
> of the DMCA when (D) occurs as I play my DVD?
>
> Have I missed a court opinion somewhere along the line that
> explains this?
>
>
>
>
> Ole
> --
> Ole Craig * UNIX, linux, SMTP-ninja; news, web; SGI martyr * CS Computing
> Facility, UMass * <www.cs.umass.edu/~olc/pgppubkey.txt> for public key
>
> Where are the missing deficit-reduction program-related activities?
>