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Re: [dvd-discuss] AVRA sues Warner Home Video
- To: dvd-discuss(at)cyber.law.harvard.edu
- Subject: Re: [dvd-discuss] AVRA sues Warner Home Video
- From: "Michael A Rolenz" <Michael.A.Rolenz(at)aero.org>
- Date: Fri, 2 Nov 2001 08:42:25 -0800
- Reply-To: dvd-discuss(at)cyber.law.harvard.edu
- Sender: owner-dvd-discuss(at)cyber.law.harvard.edu
I tend to agree...of course as I learned on my final exam in BAL 370
assembler, where we had to deal with a trick question involving self
modifying code, even the program really is data. My own thoughts on this
matter are that the DVD is nothing but another media. The WORK on the DVD
is copyrighted but not the bits on the DVD. Unless the DVD specifically
identifies what parts are copyrighted at what times (and why can't it
certainly there is enough storage capability on the DVD!), then ONLY the
parts that were previously copyrighted enjoy copyright. In effect, the
rest of it does not because it lacks a proper copyright notice!
Similarly, as Jeme has pointed out if the bits on an executable software
CD are not copyrighted then the since source code is not published, the
source code is a trade secret NOT a copyrighted work. I think that some
sort of protection is needed for software sold to the public but the form
of that protection is not copyright (certainly a 120yr protection is
ludicrous for something which conveys little information to humans and
only a small number have the skill or time...)
Noah silva <email@example.com>
Sent by: firstname.lastname@example.org
11/02/01 06:49 AM
Please respond to dvd-discuss
Subject: Re: [dvd-discuss] AVRA sues Warner Home Video
Seriously, though.. a strictly movie DVD is (IMO) not a program, it is a
huge encrypted data file.
Of course a DVD can have programs on it too...
Or it can have both (like this one with the virus recently).
Asking if a DVD is a program is asking if a CD is a program.
A Video CD or an Audio CD I would say isn't, just as a CD full of text
files or mpeg movies.
A CD with EXE files, etc., cintains programs (it still isn't a program).
the hairyness comes when.. it's got word docs, but they have macros,
-- noah silva
On Thu, 1 Nov 2001, D. C. Sessions wrote:
> On Thursday 01 November 2001 10:48, you wrote:
> > Can anybody get a copy of TWI's submission? It might be an amusing
> > exercise to compare and contrast the various stances they have had in
> > 2600, the Ca DVDCCA, cases and now this one....at some point some
> > may want to ask TWI - "Look TWI, it can't be and not be so pick what
> > is"...if nothing else, I'd love to read the legalese that argues that
> > DVD really is a program!
> Actually, the real fun is when you use their own argument, near as
> possible verbatim. If they aren't on the ball, they won't recognize it
> and you'll have the fun of countering their rebuttal with the fact that
> it was their own. The Court is bound to appreciate the irony.
> > "Baerwulf" <email@example.com>
> > Sent by: firstname.lastname@example.org
> > 10/31/01 09:20 PM
> > Please respond to dvd-discuss
> > To: <email@example.com>
> > cc:
> > Subject: [dvd-discuss] AVRA sues Warner Home Video
> > Related to the Felten Case is this one reported in The West Australian
> > this
> > morning. The Australian Video Retailers Assoc. is suing Warner for
> > threatening to sue rental outlets who rented out the cheaper home
> > of DVDs
> > http://www.thewest.com.au/20011101/news/state/tw-news-state-home-sto30431.ht
> > ml
> > Australian Judges are known for supporting the little guy, this could
> > an
> > interesting case.
> > The square root of three equals two for large values of three. - found
> > a
> > bathroom in the Cornell Physics department
> | I'm old enough that I don't have to pretend to be grown up.|
> +----------- D. C. Sessions <firstname.lastname@example.org> ----------+