I am not a constitutional scholar or an IP lawyer. But one test of a law is the history and practice of how it is actually enforced.
Can you provide any example of how any individual has been successfully prosecuted under the DMCA 1201 for circumventing copy protection in his own home for personal use of material to which he had legal access and when he was not otherwise engaged in unauthorized acts of mass distribution?
- Tom Adam Goldberg wrote:
With that conclusion, surely you believe that the DMCA 1201 anti-circumvention provisions are unconstitutional? -----Original Message----- From: opendtv-bounce@xxxxxxxxxxxxx [mailto:opendtv-bounce@xxxxxxxxxxxxx] On Behalf Of Albert Manfredi Sent: Thursday, June 26, 2008 10:35 PM To: opendtv@xxxxxxxxxxxxx Subject: [opendtv] Re: MPAA wants to stop DVRs from recording some movies Tom Barry wrote:However if the media can be legally accessed then there is currently nothing that says it may not also be legally time shifted. Nobody is required to give you the means to do so but they also may not currently use the law to stop you if you are able to do it yourself in that situation.I would go further, though. I'd say that any product that is sold as a TV recording device has to be able to operate as the public has come to expect. Which is very much in line with the Supreme Court views in the Betamax decision and also mentioned in more than one FCC ruling. I can see people claiming that nowhere do the courts force CE manufacturers to build recording devices that meet my definition. Fine, but then don't sell them without explicitly marking them as crippled. Furthermore, FOTA broadcasters who transmit "copy never," knowing full well that at least SOME recorders out there will be prevented from copying, are clearly being non-conformant to that court decision. I can't think of any interpretation, obtuse as many of these can be, that would deny my point. Bert _________________________________________________________________ Enter the Zune-A-Day Giveaway for your chance to win - day after day after day http://www.windowslive-hotmail.com/ZuneADay/?locale=en-US&ocid=TXT_TAGLM_Mobile_Zune_V1 ----------------------------------------------------------------------You can UNSUBSCRIBE from the OpenDTV list in two ways: - Using the UNSUBSCRIBE command in your user configuration settings atFreeLists.org- By sending a message to: opendtv-request@xxxxxxxxxxxxx with the word unsubscribe in the subject line.----------------------------------------------------------------------You can UNSUBSCRIBE from the OpenDTV list in two ways:- Using the UNSUBSCRIBE command in your user configuration settings at FreeLists.org- By sending a message to: opendtv-request@xxxxxxxxxxxxx with the word unsubscribe in the subject line.
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