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Great article!


I'm pleased to see this issue get wide play in something like the NY Times.


- Tom
 

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If it weren't for the tyranny of personal information disclosure requirements, I might read it. But, just off hand, I wonder how comfortable the NYT is with people using their copyrighted material without paying them or getting permission?
 

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Quote:
Originally posted by Dean Roddey
But, just off hand, I wonder how comfortable the NYT is with people using their copyrighted material without paying them or getting permission?
Can you be specific as to what you are referring to?


I am sure the NY Times is not comfortable with their copyrighted material being used without permission, which is why a link was posted, and not the article. Posting links or excerpting copyrighted material is perfectly legal and permissible.
 

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It's my opinion the DMCA is unconstitutional and will be declared as such by any number of courts at some point in the hopefully near future.
 

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Quote:
t's my opinion the DMCA is unconstitutional and will be declared as such by any number of courts at some point in the hopefully near future.
I will strongly second that opinion.


- Tom
 

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What about all those "Truth About Tobacco" ads, where they claim to have stolen memos and documents? Sounds like exactly the same thing.
 

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So far the DMCA has held up, but also so far none of the really good cases have made it very far. Adobe dropped their eBook case due to public outcry and Sony has been using large sums of money to settle out-of-court.
 

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Under the DMCA it is can even be illegal to discuss how to bypass copy protection.


For instance I could say "Hey, LCD & plasma screens don't blink, so you can probably take a good picture of them with an HD camcorder". (in spite of whatever protection)


An over-zealous Hollywood lawyer could try to paint a statement like that as a violation of the DMCA. And yet a simple statement like mine would probably (hopefully) qualify as free speech.


Eventually there will probably be a higher court case testing all this though I guess both sides would want to pick their test cases very carefully. But in the mean time Hollywood and others are using the DMCA to control and intimidate.


For instance Diebold using the DMCA to suppress information of possible USA election fraud is just inexcusable.


- Tom
 

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Quote:
Originally posted by trbarry
I will strongly second that opinion.


- Tom
Agreed.


Anyone ever heard of due process? The authors of the DMCA obviously never have.
 

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Quote:
Originally posted by trbarry
For instance I could say "Hey, LCD & plasma screens don't blink, so you can probably take a good picture of them will an HD camcorder". (in spite of whatever protection)
I get the point you're making, but I think this exact example would fall under the "analog loophole." You can record protected content now by dumping out the analog ports of your device to something like a VCR or DVD-R without any problem. In your example, the digital content becomes analog when it leaves the display, then the HD camcorder converts that analog signal to digital. It's defeating the copy protection to make a "perfect" digital copy that's the issue.


I'm *not* debating the merits of DCMA, just the specific example. :D
 

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The camcorder example has also been cited by the courts as a legit means of acquiring the content for fair use rights.
I was not aware of that. Was that done before or after Congress passed the DMCA?


- Tom
 

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It was mentioned in the Reimerdes case, which involves DeCSS for one and is a DMCA case. The Librarian of Congress has also stated that cracking DVDs is not necessary for fair use since a student may simply point a camcorder at the TV in order to acquire the clip.
 

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I wonder if the Librarian of Congress was violating the DMCA? ;)


- Tom
 
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