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Date:      Thu, 16 May 2002 21:01:54 +0200
From:      Rahul Siddharthan <rsidd@online.fr>
To:        Mike Meyer <mwm-dated-1022007157.577b53@mired.org>
Cc:        Nils Holland <nils@daemon.tisys.org>, freebsd-chat@FreeBSD.ORG
Subject:   Re: The road ahead?
Message-ID:  <20020516210154.L79514@lpt.ens.fr>
In-Reply-To: <15587.65524.899611.798267@guru.mired.org>; from mwm-dated-1022007157.577b53@mired.org on Thu, May 16, 2002 at 01:52:36PM -0500
References:  <20020516004909.A9808@daemon.tisys.org> <15586.61471.456290.764885@guru.mired.org> <20020515211922.J1282@darkstar.gte.net> <3CE34A8B.7D999E2C@mindspring.com> <20020516091031.A2259@daemon.tisys.org> <15587.56669.382241.766052@guru.mired.org> <20020516192546.B8944@daemon.tisys.org> <20020516193049.G79514@lpt.ens.fr> <15587.65524.899611.798267@guru.mired.org>

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Mike Meyer said on May 16, 2002 at 13:52:36:
> In <20020516193049.G79514@lpt.ens.fr>, Rahul Siddharthan <rsidd@online.fr> typed:
> > Nils Holland said on May 16, 2002 at 19:25:46:
> > > I should probably try to get some more in-depth information on that topic,
> > > but from the bits and pieces I currently know, this is very insane. Seems
> > > that some companies want to make *any* technology illegal that *could*
> > > theoretically be used to violate the copyright. That's somhow like
> > > outlawing ordinary knives, as these could (illegally) be used to kill
> > > people...
> > That's exactly what the DMCA is about.
> 
> Half right. The DMCA proper doesn't have the hardware requirement on
> the computer industry, nor does it make it illegal to break the
> encryption even if you don't violate the copyright.

I'm not sure about private use, but it *does* forbid you to tell
people how you break encryption, and it *does* outlaw devices which
let you break the encryption, regardless of intent.  That's exactly
what both the DeCSS and the Sklyarov cases were about -- both DeCSS
and Elcomsoft's program have legitimate uses but that doesn't matter
under the DMCA.  It's an exact analogy to the knife example above.

> > This week's lwn.net has an interesting comment: recently people have
> > reported that copy-protected audio CDs can be played/ripped simply by
> > covering their outer tracks with a black marker or a Post-It.  If that
> > is so, black markers and Post-Its are devices that can be used to
> > circumvent digital copy controls, and therefore should be illegal
> > under the DMCA... 
> 
> lwn.net is in violation of the DMCA. The people using black tape
> etc. are not, but would be in violation of the SSSCA if it were
> passed.

I'm not sure what the legal status is of people who use tape in their
homes, but the manufacturers of the tape are already in violation of
the DMCA for distributing a device which can be used to violate copy
controls.

The SSSCA (renamed CBDTPA) went further: it insisted that all
computers and similar devices must include copy-control mechanisms.
The DMCA forbids bypassing such mechanisms, while the CBDTPA insists 
on installing such mechanisms everywhere, so that you're thoroughly
locked in.

- Rahul

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