Posted by Jeff Rife on 02/23/06 19:36

Goro (evilninjax@yahoo.com) wrote in alt.video.dvd:
> > It's pretty much the same thing. If they prove that disabling HDCP
> > allows unauthorized duplication, they also prove that not disabling
> > it prevents unauthorized duplication.
>
> Well, i think they are not equivalent statements as there are alternate
> methods of illegal duplication that don't include HDCP, however, if
> HDCP is diabled, there is then another method of duplication that
> exists.

No, that's not important. Just because you can copy a book longhand
doesn't mean that a Xerox copier can't also copy the book and both
copies would still be infringing.

The key is whether HDCP actually prevents copying or not. By turning
it off, how many copies have been made? What extra hardware other than
the DVD player is required to make a copy? The biggest thing will
likely be the parade of people who admit to disabling HDCP on their
player (which is permitted by copyright law, including the DMCA portion)
just so they can *watch* their legally-purchased movies on display
devices with DVI inputs but no HDCP, while the MPAA won't be able to
find anybody who has copied a DVD this way.

> > So, the studios could win and not necessarily have anything definitive
> > stated about HDCP and its effectiveness.
>
> Except that they'll say more outlandish, hypcritical things. Like how
> $5.4B gets thrown into this issue. As if they've lost ANY money b/c of
> Samsung's player.

Yeah, that's their MO. They try to get the other side to back down
without having to prove anything, and then the public starts to think
what they say has validity.

I really think they have made a huge mistake this time, because I don't
think Samsung will give up. I think Samsung will fight back as hard as
they can, and try for a win and a "nuisance suit" verdict.

In particular, in US copyright law, for "contributory infringement", you
have to show that there was some infringement that that contributor (i.e.,
Samsung in this case) caused to happen. In other words, without any
successful use of this hack to copy a DVD, Samsung isn't liable.

--
Jeff Rife |
| http://www.nabs.net/Cartoons/RhymesWithOrange/CatsAndDogs.jpg

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