-------- Original Message -------- Subject: RE: [Politech] Garage door opener trumps DMCA, federal court sez [ip] Date: Thu, 2 Sep 2004 14:00:33 -0500 From: Klyber, Troy <TKlyber@private> To: Declan McCullagh <declan@private> CC: Klyber, Troy <TKlyber@private> Declan, At first glance, the Federal Circuit's construction of section 1201 requires that the plaintiff show that the anticircumvention device technological enables the user to violate one of the copyright owner's statutory rights, not just "access" the work. Putting aside my relative ignorance of DeCSS, wouldn't such an analysis have changed the outcome in Reimerdes? Does DeCSS actually enable a user to infringe the copyright of the underlying work, or does it merely enable the user to do acts that are implicitly authorized as a result of the purchase of a DVD? In Reimerdes, if memory serves, the district court was not concerned about whether DeCSS enabled infringement because DeCSS undeniably enabled "access" to the work. The Federal Circuit distinguishes Reimerdes on the facts, but this sure looks like a Circuit split to me. ---------------------------------------------- Troy B. Klyber Mayer, Brown, Rowe & Maw LLP 190 South LaSalle Street Chicago, IL 60603 tel: (312) 701-8801 fax: (312) 706-8111 tklyber@private -----Original Message----- From: politech-bounces@private [mailto:politech-bounces@private] On Behalf Of Declan McCullagh Sent: Wednesday, September 01, 2004 4:34 PM To: politech@private Subject: [Politech] Garage door opener trumps DMCA, federal court sez [ip] http://news.com.com/Judges+OK+garage+door+openers+in+copyright+case/2100 -1028_3-5341625.html?tag=nefd.top Judges OK garage door openers in copyright case Published: September 1, 2004, 11:23 AM PDT By Declan McCullagh _______________________________________________ Politech mailing list Archived at http://www.politechbot.com/ Moderated by Declan McCullagh (http://www.mccullagh.org/)
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