More Powerful Than The Government?

[Jibbler]

Interesting reading, though I'm only on page 5 where the loophole is already being exploited. Let me kick some knowledge to all of you.

Currently a company is offering a DVD copy program. DVDXCOPY, if you are so inclined. This company has been sued, saying that their program "circumvents" the copyright protection system. However, this company is taking the position that their software does nothing of the sort.

They claim that anyone, who owns a DVD player, is circumventing the copyright by simply playing the DVD in ANY drive/player. They further go on to state, that their product only allows the successful burning of files to a DVD-R disk which are already on your harddrive. Essentially, this means existing hardware is the problem. Seems like this might be a good time to put their resources into another format.

Now, I'm not going to take sides either way, though I'm sure you know how I feel. The point here, is that the DMCA is in effect, but essentially worthless. It will tie up the courts for years, trying to determine the logistics of it all, while we will have moved on to other formats, probably before any of this is resolved.

[clocker]

Originally posted by Jibbler@20 April 2003 - 19:52


Currently a company is offering a DVD copy program. DVDXCOPY, if you are so inclined. This company has been sued, saying that their program "circumvents" the copyright protection system. However, this company is taking the position that their software does nothing of the sort.

They claim that anyone, who owns a DVD player, is circumventing the copyright by simply playing the DVD in ANY drive/player. They further go on to state, that their product only allows the successful burning of files to a DVD-R disk which are already on your harddrive. Essentially, this means existing hardware is the problem. Seems like this might be a good time to put their resources into another format.

This case clearly demonstrates why there are lawyers.
I wonder if their lawyers were involved in the suit against McDonalds for making the plaintiff obese?

[Jibbler]

Originally posted by clocker@20 April 2003 - 20:59
This case clearly demonstrates why there are lawyers.
I wonder if their lawyers were involved in the suit against McDonalds for making the plaintiff obese?

That lawsuit against McDonalds was dropped as they determined it was frivalous. However, I wouldn't be surprised if such a lawsuit were to get pushed into the courts, especially considering the amount of research into artificial food products and their possible health risks. As this gets exploited further, McDonalds may find them selves facing a civil suit.

[TIDE-HSV]

Well, the DMCA will be upheld, IMO, by the Supreme Court, in a 5-4 decision, written, at a guess, by Clarence Thomas. It will be more than just a momentary inconvenience for us states-siders, because even the reluctant ISPs, like Verizon, will have to go along and try to help enforce it. However, in the end, sharing wins out.

[clocker]

Originally posted by TIDE-HSV@20 April 2003 - 20:12
Well, the DMCA will be upheld, IMO, by the Supreme Court, in a 5-4 decision, written, at a guess, by Clarence Thomas. It will be more than just a momentary inconvenience for us states-siders, because even the reluctant ISPs, like Verizon, will have to go along and try to help enforce it. However, in the end, sharing wins out.

Your optimism is a source of comfort to me.

That, and the fact that I'll probably be dead before this gets out of the courts.

Ah, the (limited) joys of old age...

[Jibbler]

Yes, I agree, it probably will be upheld. However, I believe the "final product" will be a different version entirely. I feel they are on the right track, but enforcing such a law, that's different.

If the law cannot be enforced, then does it really apply? I ask this question seriously, because I'm not sure of the logistics of it.

[Jibbler]

How old are you Clocker? and you JimF? and you TIDE-HSV? I'm curious as to whether our ages are effecting our principles.

I'll be the first brave one. I'm 26 and growing old by the minute.

[clocker]

Originally posted by Jibbler@20 April 2003 - 20:20


If the law cannot be enforced, then does it really apply? I ask this question seriously, because I'm not sure of the logistics of it.

ANY law could be considered specious if the test included universal application.
All laws are applied selectively.

[TIDE-HSV]

Well, J, I've already said I've been practicing law for 40 yrs, so I'm 63. However, any young lawyer would agree with me, as I've laid out the prospects. Age wouldn't make a bit of difference in legal analysis. I'm concerned about the RIAA and MPAA using an affirmative decision from the SC to pressure my ISP to monitor me and suppress sharing. Anyone around here (US) who doesn't worry about this is just in denial. Being 26 is no excuse. Competition will help a lot. Here, I have a choice of two cable companies. However, the public utitlities are right behind, thirsting for new markets - and everyone who has an AC plug in the wall is a possible customer. I don't know - it'll be very interesting to see how it plays out.

[clocker]

Originally posted by Jibbler@20 April 2003 - 20:23
How old are you Clocker? and you JimF? and you TIDE-HSV? I'm curious as to whether our ages are effecting our principles.

I'll be the first brave one. I'm 26 and growing old by the minute.

53
Fortunately, due to my massive intake of caffiene, nicotine and a few other of nature's goodies, I hardly look a day over 52.