[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index]
Re: [dvd-discuss] Postage Meters and the "Right to Tinker"
- To: dvd-discuss(at)cyber.law.harvard.edu
- Subject: Re: [dvd-discuss] Postage Meters and the "Right to Tinker"
- From: Jeremy Erwin <jerwin(at)ponymail.com>
- Date: Thu, 9 Jan 2003 13:58:00 -0500
- In-reply-to: <3E1DBF6F.7D05F8C8@ia.nsc.com>
- Reply-to: dvd-discuss(at)cyber.law.harvard.edu
- Sender: owner-dvd-discuss(at)cyber.law.harvard.edu
On Thursday, January 9, 2003, at 01:29 PM, John Zulauf wrote:
> Sham Gardner wrote:
>> In the case of TurboTax, you are not using the data they sent you to
>> services they would otherwise charge for. You are using information
>> have already sent you, *without* extracting any additional goods or
>> from them.
> You are making good and valuable use of the software, a right not
> granted without the authorization of the copyright holder. They
> sent you (without circumvention) sufficient information to use
> TurboTax. You are extracting the a right to use without payment to the
> rights holder. Circumvention changes the disk from a coaster to a
> useful valuable product, and a replacement good for any full version of
> the software. This is right to license is the "good or service" of the
> software company, and circumventing (prior to first sale) infringes
> Can we agree that the TurboTax keyware disk mailed to Richard is not
> complete product as-is? One must add authorization "sauce" (true or
> forged) to make it so. The unsolicited good is only the installer disk
> "as-is" (and not a functioning copy of TurboTax). The clearly one
> would be defrauding the company of remuneration for the "right to use"
> a full copy. (RTU's are real products in this industry BTW.)
Let's bring out the GNU argument-- the GPL is based on the (well
accepted) right to control the creation of derivative works-- as long
as the original work remains under copyright, no person may, except for
parody, commentary, or educational purposes (fair use), create
derivative works without the permission of the copyright holder.
Now, in the case of TurboTax, the application of an authorization
string creates a new derivative work-- as the combined work is very
similar to the original work (TurboTax without key)...
I suppose that if one does not wish to disentangle the FSF, CCA, and
TurboTax, one can always fall back on the old standby-- copying to the
hard drive is an infringement on their rights, and that the key is
merely a digital signature acknowledging the exchange of money for the
right to use.