[d@DCC] Broadcast "flag" removes choice....
russell at flora.ca
Fri Sep 17 10:00:53 EDT 2004
On Thu, 16 Sep 2004, John Lange wrote:
> Worth also mentioning is the fact that these new "features", even if
> they do allow time-shifting, will prohibit the skipping of commercials.
Most of the private-email comments I received to that letter suggested
that it was too long and would never make it to the pages of the newspaper
> As most people are well aware this is already a common "feature" in DVD
> players. Is there anything more annoying than renting or buying a DVD
> and not being able to skip to where the movie actually starts?
I wouldn't know... I watch DVD's using VLC <http://www.videolan.org/>
and refuse to buy an "authorized by DVD CCA" DVD player. I'll wait until
the legal issues under competition are sorted out.
I really don't know how to reconcile the claimed illegality of CSS
circumventing software required for third party compatibility with DVDs,
and the garage door opener issue recently ruled on in the US. While
IANAL/TINLA, it appears to me that VideoLan's libdvdcss is perfectly legal
to use and distribute, including in the USA and thus obviously in Canada.
It would be great if this could be ruled on more specifically so that
Linux distributions and TheOpenCD.org will be able to ship VLC and related
software in a mode able to fully access commercially distributed DVDs.
The Chamberlain Group Inc. v. Skylink Technologies Inc. No. 041118 -
The conclusion states:
The DMCA does not create a new property right for copyright owners.
Nor, for that matter, does it divest the public of the property rights
that the Copyright Act has long granted to the public. The
anticircumvention and anti-trafficking provisions of the DMCA create
new grounds of liability. A copyright owner seeking to impose
liability on an accused circumventor must demonstrate a reasonable
relationship between the circumvention at issue and a use relating to
a property right for which the Copyright Act permits the copyright
owner to withhold authorization-as well as notice that authorization
was withheld. A copyright owner seeking to impose liability on an
accused trafficker must demonstrate that the trafficker's device
enables either copyright infringement or a prohibited circumvention.
Here, the District Court correctly ruled that Chamberlain pled no
connection between unauthorized use of its copyrighted software and
Skylink's accused transmitter. This connection is critical to
sustaining a cause of action under the DMCA. We therefore affirm the
District Court's summary judgment in favor of Skylink.
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
More information about the Discuss