(keitai-l) Re: Digital Shoplifting

From: James Santagata <jsanta_at_audiencetrax.com>
Date: 07/08/03
Message-Id: <5.1.0.14.0.20030708101114.0302cd60@audiencetrax.com>
At 06:37 PM 7/4/03 +0300, you wrote:

>On Sat, 5 Jul 2003, Gerhard Fasol wrote:
>
> > I think some of this is also a lack of understanding of copyright
> > and intellectual property rights.
> > For both there is the concept of "fair use" for good reason.
>
>         But then again it does not come in a surprise if you
>         think about how hysterically lawyers and corporate executives
>         act with words "intellectual property", "copying" and
>         "peer to peer". Just think about how RIAA and MPAA are
>         acting. Think about DMCA (although it is in US only).


The DMCA, though, causes a lot of problems with fair use. For instance, the 
DMCA
and its proponents hold that a person can't create or use software to 
circumvent copy protection
(ala CSS on DVDs). Yet, under US laws there are legitimate fair uses for 
that DVD including
space shifting or extracting pieces for legitimate fair use but to use it 
one would most likely be violating the DMCA to do so.

The other problem with copyrights and the DMCA and the CSS protection, as 
just one example,
is that copyrights are limited in time. They expire but the CSS system 
never expires. So
even when the copyrighted works have reverted to the public domain legally 
the CSS system
is still operational - it doesn't disengage. One couldn't legally extract 
them from the CSS system because to do so would violate the DMCA (or so say 
the proponents of it and their lawyers).

-- James
Received on Tue Jul 8 22:05:58 2003