Posted by mansfield.andrew on 02/19/07 18:02

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

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