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RE: [dvd-discuss] Court Sides With Geac in Mainframe Software Case
- To: "'dvd-discuss(at)cyber.law.harvard.edu'" <dvd-discuss(at)cyber.law.harvard.edu>
- Subject: RE: [dvd-discuss] Court Sides With Geac in Mainframe Software Case
- From: Richard Hartman <hartman(at)onetouch.com>
- Date: Tue, 15 Oct 2002 15:33:07 -0700
- Reply-to: dvd-discuss(at)cyber.law.harvard.edu
- Sender: owner-dvd-discuss(at)cyber.law.harvard.edu
I'll try to recall who I heard about this practice from
and ask them for sources.
-Richard M. Hartman
186,000 mi/sec: not just a good idea, it's the LAW!
> -----Original Message-----
> From: Michael A Rolenz [mailto:Michael.A.Rolenz@aero.org]
> Sent: Tuesday, October 15, 2002 3:26 PM
> To: firstname.lastname@example.org
> Cc: 'email@example.com';
> Subject: RE: [dvd-discuss] Court Sides With Geac in Mainframe Software
> Richard Hartman <firstname.lastname@example.org> wrote:
> "I don't think this comes under the DMCA, since diagnostic
> information is not copyrightable,"
> Is it?
> The presupposes that the diagnostic information is just facts and not
> copyrightable. Suppose that as part of the interface to the
> module, the program that the microprocessor (microcontroller) has in
> memory is output for comparison of version number and to see
> that it has
> not been corrupted and to verify that the diagnostic information was
> correctly gathered and assessed. Suppose that they put an
> access control
> on it? The program is copyrightable. So now you have someone
> trying to
> access the diagnostic codes is circumventing access controls
> that protect
> copyright material.
> DMCA POLICE descend upon you and you are toast..
> Do you have a reference to the carmakers doing this? The LOC
> is asking for
> exemptions for DMCA and this seems to qualify. IF the case
> can be made
> that it IS being done and that it is a trivial matter to do what I
> proposed above, then an exemption must be made. I started a
> TWIKI thread
> at Openlaw on DMCA exemptions, I'll add this one to it.
> Richard Hartman <email@example.com>
> Sent by: firstname.lastname@example.org
> 10/15/2002 03:13 PM
> Please respond to dvd-discuss
> To: "'email@example.com'"
> Subject: RE: [dvd-discuss] Court Sides With
> Geac in Mainframe Software Case
> "It's a little scary to suggest that somebody with a copyright has the
> prerogative to refuse any third party from servicing its
> software," said
> Blecher, a partner at Blecher & Collins LLC in Los Angeles.
> "It gives such
> people a monopoly on their service business."
> Note that this is an issue also in the case of automobile
> diagnostic systems. As engines get more advanced, the
> auto manufacturers have integrated diagnostic chips into
> them. Now the meaning of some of the diagnostic codes
> are being witheld from non-dealer service centers. I
> don't think this comes under the DMCA, since diagnostic
> information is not copyrightable, but there is certainly
> a parallel as far as the "maintaining a monopoly in their
> service business" aspect.
> Any of this counterable w/ RICO?
> -Richard M. Hartman
> 186,000 mi/sec: not just a good idea, it's the LAW!
> > -----Original Message-----
> > From: D. C. Sessions [mailto:firstname.lastname@example.org]
> > Sent: Monday, October 14, 2002 7:34 PM
> > To: DVD-Discuss
> > Subject: Re: [dvd-discuss] Court Sides With Geac in
> Mainframe Software
> > Case
> > On Mon, 2002-10-14 at 13:34, Dean Sanchez wrote:
> > > Did anyone notice the outcome of this case? The Appeals
> > court is basically stating that modifying code for
> > interoperability is copyright infringement. We don't want to
> > have any of the "promoting progress" nonsense getting in the
> > way of corporate profits, do we? Everyone should know by now
> > that reverse engineering is bad, bad, bad!
> > >
> > >
> > >
> > http://computerworld.com/governmenttopics/government/legalissu
> > es/story/0,10801,74888,00.html
> > No comments on whether Grace intends to appeal to the USSC.
> > Given the nature of the case, it looks like a natural. The
> > issues are less muddy than with some of the others we discuss
> > here.
> > --
> > | The race is not always to the swift, nor the battle to
> the strong. |
> > | Because the slow, feeble old codgers like me cheat.
> > +--------------- D. C. Sessions <email@example.com>