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Posted by mansfield.andrew on 02/20/07 01:33
On Feb 19, 5:20 pm, "Alpha" <n...@none.net> wrote:
> "Alpha" <n...@none.net> wrote in message
>
> news:erd7ja$6te$1@zinnia.noc.ucla.edu...
>
>
>
>
>
> > <mansfield.and...@gmail.com> wrote in message
> >news:1171908148.631190.276770@a75g2000cwd.googlegroups.com...
> >> On Feb 19, 11:33 am, Don Del Grande <del_grande_n...@earthlink.net>
> >> wrote:
> >>> 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
>
> >> Sorry Don:
>
> >> Not true. The terms of the DMCA apply *only* to digital technologies,
> >> i.e., encryption. No analog protection scheme, however implemented,
> >> qualifies under the "title" of the DMCA. Look at the definitions at
> >> the top of the title.
>
> >> Thanks to the dozens of people who have emailed in support of this
> >> device and with advice on selling it (and the many places that do).
> >> It is heartening to see so many good people opposed to the DMCA and
> >> copyright fascism.
>
> >> Andrew
>
> > This is a grey area. A number of rulings have required Macrovision
> > removal in DVD recorders imported from China to be disabled...etc etc.
> > The courts in California disagree with your interpretation.
>
> > There are several important modifications made to the DMCA in December by
> > the Library of Congress, but they do not hold here.
>
> > I believe the Sima CT-2 clarifier had to be pulled from the market by
> > Sima...and that is what your device does.
>
> PS
>
> I am absolutely against the absurdly written DMCA, and a member of the EFF,
> but that does not change reality.
Interesting, thanks for the heads up.
One of two suppliers is still selling this unit directly into the US
market new. It just seems absurd to me that ebay appears to be going
further than the DMCA requires. On further back-and-forth with them,
they basically admit they are not required by law to block the sale of
analog Macrovision removers, but their poilcy requires the take-down
of any ad / listing that "encourages" anyone to violate copyright, by
whatever means.
So . . . if I sell an old-school VCR and fill the ad / listing with
encouragement for folks to copy other VCR tapes, even non Macrovision,
I would be in violation of their terms of use. Or to keep up the with
the absurd analogies, I couldn't sell a book and fill the ad / listing
with advice to copy a chapter at Kinko's.
And in general, courts that extend anti-circumvention protection to
analog distortion should be tarred and feathered.
We will all soon be living in a world of micropayments to the patent
and copyright holders of the world. Welcome to hell.
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