[opendtv] Re: MPAA wants to stop DVRs from recording some movies
- From: "Adam Goldberg" <adam_g@xxxxxxxxx>
- To: <opendtv@xxxxxxxxxxxxx>
- Date: Fri, 27 Jun 2008 08:32:07 -0400
It doesn't matter if there's been prosecution under the terms you state.
The fact is that 1201 says what it says in reasonably plain language: 17
USC 1201(a)(1)(A), "No person shall circumvent a technological measure that
effectively controls access to a work protected under this title. [...]"
This is surely in conflict with "... 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."
If your position is that anyone who indicates Copy Never is "non-conformant
to that court decision", then surely 1201 is also non-conformant (as it
makes it a crime to conform (in certain cases)).
-----Original Message-----
From: opendtv-bounce@xxxxxxxxxxxxx [mailto:opendtv-bounce@xxxxxxxxxxxxx] On
Behalf Of Tom Barry
Sent: Friday, June 27, 2008 8:05 AM
To: opendtv@xxxxxxxxxxxxx
Subject: [opendtv] Re: MPAA wants to stop DVRs from recording some movies
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
>
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--
Tom Barry trbarry@xxxxxxxxxxx
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