[Linux-aus] FTA circumvention devices

Rusty Russell rusty at rustcorp.com.au
Fri Mar 5 11:21:01 UTC 2004


On Fri, 2004-03-05 at 11:35, Jan Schmidt wrote:
> <quote who="Rusty Russell">
> > On Fri, 2004-03-05 at 10:48, Jan Schmidt wrote:
> > > Barring that, I'm reverse engineering (in good faith) the lawfully obtained 
> > > DVD player software program that came with my DVD drive, for the purposes of 
> > > making my independently created DVD player software interoperate with the file 
> > > format (vob), said file format containing some technological measures that I'm
> > > circumventing solely for this purpose.
> > 
> > Sure, you can interoperate with that program you bought.
> > 
> > You can't interoperate with anything else.
> 
> It doesn't say that... it says I can use my legally bought copy for reverse
> engineering "for the sole purpose of achieving interoperability of an
> independently created computer program with other programs"
> 
> It doesn't restrict the 'other programs' to ones I've legally purchased.

You're right.  But you're still resting on the "my DVD is a program".
Anthony Towns has cast some legal doubt on that, in addition to the
obvious question of whether it would stand up anyway.

Even if you do, you have to prove "sole purpose": ie. its only purpose
is to interoperate with the computer program, not copy DVDs onto your
hard drive.

> The legal opinion would certainly help. I disagree that the intent seems
> clear - since we're not interpreting it the same way :)

Look, the treaty says you can't do it.  You /may/ qualify under an
exception, but you'd have to argue it in court.  Even Chris's clever
point would have to go through that process.

I don't honestly believe you think we have nothing to worry about.  I
think your points are well-meaning, but I don't want any of my friends
to go through a trial and risk gaol time to demonstrate it 8(

Talking here doesn't help avoid that.
Rusty.
-- 
Anyone who quotes me in their signature is an idiot -- Rusty Russell




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