[d@DCC] A/V File formats and CODECs (Was: CBC to back only proprietary Microsoft Media format.)

[Russell McOrmond]

On Thu, 9 Sep 2004, Darryl Moore wrote:

> This is explicitly legal in the DMCA
> http://thomas.loc.gov/cgi-bin/query/F?c105:1:./temp/~c105Q5hNNe:e11962:

  You may wish to link this with DVD CSS related cases which are still
ongoing.  Either the anti-circumvention aspects of the DMCA are
ineffective, or the section you quoted is ineffective, as they are largely
mutually exclusive.

  It is thus far claimed by US courts that even linking to other sites
that publish DVD CSS compatibility code is a violation of the DMCA.  
There is also a parallel claim that even if it is not a violation of the
DMCA, then it is a "misappropriated trade secret" which is even less
credible given this alleged "secret" is commercially distributed to the
public.

  While it may be eventually found that you are correct, and the 
anti-circumvention aspects of the DMCA are effectively nullified by a 
requirement for interoperability, I don't think many are willing to take 
the risk given the current lawsuits.


  While my lawyer friends claim that the purpose of law is to create
certainty as to whether someone is breaking the law or not, I have found
that many of the laws around PCT are far from certain.

-- 
 Russell McOrmond, Internet Consultant: <http://www.flora.ca/> 
 Get Creative: iCommons Canada Launch Party : September 30, 2004
 http://digital-copyright.ca/node/view/461  Creative Commons, 
 Open Access, Free/Libre and Open Source Software: In Canada, Eh!
-
For (un)subscription information and posting guidelines please see
http://digital-copyright.ca/forum.shtml