2005-06-28

Theft by any other name | Perspectives | CNET News.com

Theft by any other name | Perspectives | CNET News.com:
"'We hold that one who distributes a device with the object of promoting its use to infringe copyright, as shown by clear expression or other affirmative steps taken to foster infringement, is liable for the resulting acts of infringement by third parties,' Souter said. "




So ... by analogy, if you make guns and tell people to shoot each other, then you're probably in trouble. But if you make guns and promote them for peaceful use (I guess hunting and self-defense and entertainment) then you're okay.



So if you make software and promote its use for stealing copyrighted material, you're in trouble, but if you make software the allows the free sharing of copyrighted material but don't promote that use, then you're okay.



It will be interesting to see what happens next.



© 2005 Stephen Clarke-Willson - All Rights Reserved

2 comments:

  1. I know you've been somehow involved with DRM. Now that CDs are appearing with embedded DRM, I am wondering if I will buy one.

    Unlike my fellow music fans under 40 and younger, I actually buy my music at stores, and once in a while on Amazon. I don't like being restricted...although the restrictions are generous enough that it shouldn't be a problem. Not being able to put the music on my iPod or in my PC's iTunes, however, is not acceptable. Yeah, once in a while, I give a song to someone...usually someone who will want to buy the CD. But I don't share my music over a network (except iTunes, which restricts use to only listening). So, just like buying tennis shoes at Fred Meyers with the security tag, I am presumed guilty. The difference is with DRM they leave the tag on and I have to deal with it.

    Also, how do you deal with free music. The grateful dead have 2,800 full shows available on archive.org. I download them all the time. I suppose free music will have some sort of DRM tagging that allows free movement of the file??

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  2. So far every CD DRM scheme has been cracked in about two seconds.

    I bought a CD in Japan that was copy protected and I couldn't rip it while I was in Japan because my laptop just wouldn't do it.

    When I got home, I ripped right into my PC and yes, I can listen to it on my iPod, thank goodness.

    I buy music to listen to it - duh.

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