[Politech] Replies to Progress and Freedom Foundation's passionate DMCA defense [ip]

From: Declan McCullagh (declan@private)
Date: Tue Oct 11 2005 - 08:45:30 PDT


Previous Politech message:
http://www.politechbot.com/2005/10/06/progress-and-freedom/


-------- Original Message --------
Subject: RE: [Politech] Progress and Freedom Foundation: Leave DMCA 
alone, don't permit circumvention! [ip]
Date: Thu, 6 Oct 2005 15:48:55 -0400
From: Richard M. Smith <rms@private>
To: 'Declan McCullagh' <declan@private>

Now Declan, we can't really expect a group like PFF to byte the media hands
that feeds them:

    Supporters of The Progress & Freedom Foundation
    http://www.pff.org/about/supporters.html

Media supporters of PFF like BMG, NBC Universal, Sony Music Entertainment,
The News Corporation, Disney, Time Warner, VIACOM, and Vivendi Universal
will all be expecting a solid pro-DMCA position from the PFF for all that
money that they have been paying.

Richard



-------- Original Message --------
Subject: [Politech] Progress and Freedom Foundation: Leave DMCA  alone, 
don't permit circumvention!
Date: Sat, 08 Oct 2005 07:01:32 -0400
From: Jordan Pollack <pollack@private>
To: declan@private

Hi Declan,

Nice article.  I dabbled in IP law for some time as well, and don't know
if you are
aware of "True Property", my 1997 thesis that we got software all wrong
because of
the charge for free patches turned into the "upgrade" scam. I only got
an excerpt published in IPMag.

There is no software market, which is anathema to all western
democracies, not merely libertarians.

DRM should only be enforced if the licenses being "sold" are actual
property, like stock or taxi medallions which transfer without loss or
duplication, and not be enforced when a company is seeking  fixed-price
rent on an infinite supply of  rental infoprops..

Can you sell a used Itune on Ebay for 50c?

  Jordan

-- 
Professor Jordan B. Pollack   Dynamic & Evolution Machine Org
Computer Science Department   FaxPhone/Lab: 781-736-2713/3366
MS018,  Brandeis University   http://www.demo.cs.brandeis.edu
Waltham Massachusetts 02454   e-mail: pollack@private






-------- Original Message --------
Subject: Re: [Politech] Progress and Freedom Foundation: Leave DMCA 
alone, don't permit circumvention! [ip]
Date: Thu, 06 Oct 2005 23:53:43 -0400
From: John Mitchell <john@private>
To: Declan McCullagh <declan@private>

Declan, I think the short answer to the claim that everyone could circumvent
using fair use as an excuse is that the law would force copyright owners to
be more careful in designing TPM so as not to prevent non-infringing uses in
the first place.  I made a similar observation on Boucher's similar bill in
2003, at http://interactionlaw.com/id9.html.

The only key everyone gets is to the private lock that keeps the public from
entering public land.

Cheers.

John
____________
John T. Mitchell
http://interactionlaw.com




-------- Original Message --------
Subject: RE: [Politech] Progress and Freedom Foundation: Leave DMCA 
alone, don't permit circumvention! [ip]
Date: Thu, 6 Oct 2005 13:27:20 -0700
From: Chris Brand <Chris_Brand@private>
To: Declan McCullagh <declan@private>

 > But as TPM
 > leaves, so do the digital offerings that come with it...

Just like all the TV companies stopped broadcasting after Sony
lost the famous VCR case ?

Chris





-------- Original Message --------
Subject: Re: [Politech] Progress and Freedom Foundation: Leave DMCA 
alone,      don't permit circumvention! [ip]
Date: Thu, 6 Oct 2005 14:39:05 -0500 (CDT)
From:
To: Declan McCullagh <declan@private>
References: <434576BF.6070503@private>

"as TPM leaves, so do the digital offerings that come with it..."

Declan, This explains why Mp3s, DivX, and Xvid haven't caught on yet!
Seriously, though, there are three ipods in the room with me here at work,
and the statement above is simply not true.

David Clapp
(please don't publish my email address)




-------- Original Message --------
Subject: Re: [Politech] Progress and Freedom Foundation: Leave DMCA 
alone, don't permit circumvention! [ip]
Date: Thu, 6 Oct 2005 13:12:06 -0700
From: Ian Stoba <ian@private>
To: Declan McCullagh <declan@private>
References: <434576BF.6070503@private>

Declan,

Am I the only one to spot the irony in this comment when, as
consumers, we have seen Tivo, Apple, and others retroactively change
the terms under which we can use DRMed content?

--Ian


On Oct 6, 2005, at 12:10 PM, Declan McCullagh wrote:

 > No sane business operator enters a contract in which one party has
 > the right to disregard its terms at will, but that's what HR-1201
 > permits. That hated TPM would disappear from the market, as there's
 > no reason to employ a lock if everyone has a legal right to the
 > key. But as TPM leaves, so do the digital offerings that come with
 > it...



_______________________________________________
Politech mailing list
Archived at http://www.politechbot.com/
Moderated by Declan McCullagh (http://www.mccullagh.org/)



This archive was generated by hypermail 2.1.3 : Tue Oct 11 2005 - 09:33:59 PDT