Re: Re: What kind of pirate am I?

From: "Brenna Lyons" 
>http://www.courthousenews.com/2010/07/23/29099.htm
>
> "Without showing a link between 'access' and 'protection' of the
>copyrighted work, the DMCA's anti-circumvention provision does not apply,"
>Judge Emilio Garza wrote.
>     "The owner's technological measure must protect the copyrighted
>material against an infringement of a right that the Copyright Act protects,
>not from mere use or viewing."
>
>In short, the case said that simply breaking DRM to access was not enough to
>trigger DCMA. It had to be breaking DRM to infringe. Access to an ebook you
>legally acquired and accessing it on whatever technology you OWN would seem
>to fall on the safe side of the issue, based on this decision.
>
>So, Kirk, as you can see, I wasn't referring to the LoC decision, though
>that is nice, as well.
>
>Brenna
>

With respect Brenna, it does not give that freedom at all. Changing formats is technically a breach of copyright. There may be argument over whether different formats make sufficient change to be considered different products, but it remains unresolved and certainly not legislated on. The judgement is clearly a matter of criticising an inadequately worded contract. Frankly it shouldn't take too much brain power to reword that contract to satisfy the judgement critiscism.

I would be very careful about jumping on the permissive bandwaggon. There is no satisfactory definition of an ebook before we start, and the gap between a text file and a well formatted, illustrated and interactive pdf are so great as to almost defy description. And if web sites and blogs become legal ebooks under a permissive regime, the value in publishing blog collections disappears, for example.

Joseph


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