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RE: [DMCA_Discuss] RE: [dvd-discuss] DMCA Twist
- To: "'Jean-Michel Smith'" <jsmith(at)kcco.com>, Richard Hartman <hartman(at)onetouch.com>, "'dvd-discuss(at)cyber.law.harvard.edu'" <dvd-discuss(at)cyber.law.harvard.edu>, C-FIT_Community(at)realmeasures.dyndns.org, C-FIT_Release_Community(at)realmeasures.dyndns.org, fairuse-discuss(at)mrbrklyn.com, DMCA_Discuss(at)lists.microshaft.org
- Subject: RE: [DMCA_Discuss] RE: [dvd-discuss] DMCA Twist
- From: Richard Hartman <hartman(at)onetouch.com>
- Date: Fri, 30 Aug 2002 09:45:14 -0700
- Reply-to: dvd-discuss(at)cyber.law.harvard.edu
- Sender: owner-dvd-discuss(at)cyber.law.harvard.edu
The DMCA don't say nuthin' 'bout no "copy prevention
features". It talks about technical protection measures
that effectively controls access to a work.
Detection of the presence/absence of the legitimate Apple
DVD before allowing access to the program is exactly that.
--
-Richard M. Hartman
[email protected]
186,000 mi/sec: not just a good idea, it's the LAW!
> -----Original Message-----
> From: Jean-Michel Smith [mailto:[email protected]]
> Sent: Friday, August 30, 2002 6:10 AM
> To: Richard Hartman; '[email protected]';
> [email protected];
> [email protected];
> [email protected]; [email protected]
> Subject: Re: [DMCA_Discuss] RE: [dvd-discuss] DMCA Twist
>
>
> On Thursday 29 August 2002 10:51 am, Richard Hartman wrote:
> > Seems to me the access control in question would
> > be the one built in to the software that prevents
> > it from using any DVD other than Apple's. The
> > "enabler" software bypassed this control.
>
> And, since it uses one dvd-rw and not another, claiming it is a copy
> prevention feature that is being bypassed is demonstrably
> false. I suspect
> Apple would lose this one, if they tried to bring it up under
> the DMCA.
>
> They EULA probably wouldn't stand up either.
>
> Now, given that they are a reseller of the product and have
> likely signed a
> contract or agreement of some kind with apple might cause them some
> difficulty ...
>
> Jean
>