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Posted by Don Del Grande on 02/19/07 16:33
Andrew Mansfield wrote:
>> Macrovision Buster for Sale on Ebay: Tonight Only. DVD-DX11.
>>
>> Please see my Ebay listing at the following link if you are
>> interested:
>
>Hi guys:
>
>I am really sorry you thought my posting was spam. It is very
>difficult to get word out about these devices: everything I read
>indicates they are legal. They are not regulated under the DMCA
>because they are analog signal cleaners. Yet last night Ebay took
>down my auction for copyright infringement.
Your problem might be that eBay could be trying to prevent the sale of
something whose use is illegal. (17 USC 1201(a)(1)(A): "No person
shall circumvent a technological measure that effectively controls
access to a work protected under this title." Using your "signal
cleaner" does just that.)
Besides, if you want a strict interpretation of DMCA, selling your
device sounds like it is illegal (17 USC 1201(a)(2)(A): "No person
shall manufacture, import, offer to the public, provide, or otherwise
traffic in any technology, product, service, device, component, or
part thereof, that is primarily designed or produced for the purpose
of circumventing protection afforded by a technological measure that
effectively protects a right of a copyright owner under this title in
a work or a portion thereof"; your eBay auction page admits that your
Macrovision Buster removes Macrovision - true, it's to "remove color
and analog noise caused by Macrovision," but nevertheless it removes
Macrovision).
-- Don
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