|  | Posted by Alpha on 02/22/07 08:53 
"Stuart Miller" <stuart_miller@shaw.ca> wrote in message news:Tf9Dh.1086352$5R2.1067762@pd7urf3no...
 >
 > <mansfield.andrew@gmail.com> wrote in message
 > news:1172113799.870548.163500@v33g2000cwv.googlegroups.com...
 >> On Feb 21, 2:25 pm, "Stuart Miller" <stuart_mil...@shaw.ca> wrote:
 >>> <mansfield.and...@gmail.com> wrote in message
 >>>
 >>> news:1171935208.043210.141040@j27g2000cwj.googlegroups.com...
 >>>
 >>> > 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.
 >>>
 >>> Many literary works require the expenditure of a great deal of time and
 >>> effort, and often cash, to get the work created. It is totally fair that
 >>> those who created the work be paid according to market forces for that
 >>> work.
 >>> When there is unregulated copying or such works, the owner of the work
 >>> is
 >>> denied payment, and the copier, who has invested nothing, stands to make
 >>> the
 >>> profit instead.
 >>>
 >>> If you want the content, for work or enjoyment, pay for it. If you want
 >>> free
 >>> entertainment, use your television.
 >>>
 >>> There is nothing evil about being a copyright or patent holder - that is
 >>> what makes it worthwhile to take a risk on a project.
 >>>
 >>> I don't give away the rights to the products I have created - the
 >>> rolayties
 >>> give me the income so I can feed my family and create new products. If
 >>> you
 >>> judge that the copyright holder is rich enough already, then buy your
 >>> entertainment from someone else. When people stop buying the products,
 >>> the
 >>> price will drop.
 >>>
 >>> If you want to live in a world of free products, then be prepared to
 >>> work
 >>> for the government, for free. This is the principle of communism -
 >>> everybody
 >>> shares, everybody works.
 >>>
 >>> Stuart
 >>
 >> Uh, right . . .
 >>
 >> What an idiot.
 >
 > Please - you may not agree with the content of my post, but don't insult
 > me. You have no basis for judging my intelligence.
 >
 >>
 >> Intellectual property is an artificial construction supposedly for the
 >> good of the public, not the rights holder.  The concept, at least over
 >> 200 years ago, was that those who create literary works or useful
 >> inventions should be provided a *limited* and short term exclusive
 >> right to reproduce or control the manufacture of the invention.  This
 >> was considered an exchange between the public and the rights holder.
 >> We give you, through our graciousness, some compensation for the
 >> supposed creativity exhibited.  For patents, there was and is a
 >> further trade-off: the exact way to make the invention has to be
 >> disclosed, to be made "patent."  The public gets to learn how to make
 >> it in exchange for one getting the rights to exclusively make it.
 >>
 >> The keys: short term, limited, and in the public interest.
 >>
 >> All of this has been skewed by people of small intellect such as this
 >> poster.  There is no such thing as intellectual property.  It is a
 >> construct.  The construct has now been abused beyond recognition and
 >> it is the obligation of concerned citizens to rebel, to appropriate
 >> intellectual property to express indignation at the current imbalanced
 >> system.
 >>
 >> For example:
 >>
 >> Patent rights should have never been extended by the Surpreme Court to
 >> software.  Software is protected by copyright already.  Software and
 >> business methods are simply not inventions.  This was a gift to
 >> software companies.
 >>
 >> Copyright has been extended in time  . . . and extended in time . . .
 >> and extended again.  Copyright, through the efforts of companies such
 >> as Disney seeking to protect the Mickey Mouse character cartel, has
 >> been stretched into almost an infinite right.  It was supposed to
 >> expire and allow works to pass into the public domain rather quickly.
 >>
 >> The cornerstone of copyright on the public side is fair use.  I don't
 >> care how much you feed your family from a given work -- I have the
 >> absolute right to excerpt it, to sample it, to comment on it and
 >> critique it, and to include large sections for such purposes in other
 >> works, especially scholarly works.
 >>
 > Large sections, no, but the rest of this paragraph is valid, for the
 > purpose of critique or education, not for the purpose of having a complete
 > copy of my work.
 >
 >
 >> BUT NO: Now under the fascist DMCA regime, it is a CRIME to circumvent
 >> encryption and other devices employed by copyright holders to lock out
 >> users from fair use.  Under the supposed threat of full copying, the
 >> balance in intellectual property rights was entirely tipped in favor
 >> of the copyright conglomerates, also known as studios.  One cannot cut
 >> and past a section of any DVD.  One cannot sample music.  One cannot
 >> cut and paste TEXT from an encrypted CD-ROM.  Suddenly . . . you have
 >> to pay for what has been your right for two centuries.
 >
 > This is completely untrue. A quick look around you will give you the
 > proof.
 > You know the details - I don't have to spell them out to you
 >>
 >> And the beat goes on.  Now, my Comcast DVR puts "flags" on content so
 >> I can watch it only X number of times on Tivo or Comcast DVR or limits
 >> what electornic devices I can move it between.  The content licenses
 >> are becoming so restrictive, I have to purchase a license to own
 >> content on DVD, purchase a license to download and watch PPV on
 >> Comcast, purchase a license to own the same content on my iPod, and
 >> call and get a special license to sample or cut and paste content from
 >> any of the above, regardless of the purpose.
 >>
 >
 > Right - if you want the content, pay for it. Nobody is requiring you to
 > watch/listen - you make that choice for yourself
 >
 >
 >> To naive people like poster, I can only say, enjoy the hostile world
 >> of controlled information you endorse.  You have pissed away your
 >> rights a drop at a time until nothing is left in the public sphere.
 >> The public, which granted these limited rights to copyright holders,
 >> has to pay to turn around in the commons now.  And it will only get
 >> worse if we let copyright holders use the tools of techology to
 >> further lock us out.
 >
 > Lock you out of what? you are not locked out, you are just required to pay
 > for what you consume
 >
 >>
 >> I support companies like Slysoft and I will continue to do so until
 >> the balance is restored.  Use AnyDVD to strip macrovision, remove
 >> region encoding, break encryption, and descramble content.  It now
 >> breaks HDCP, too.
 >>
 >> Let's restore copyright and patent rights to the public, where they
 >> belong.  We can then choose what rights to give others to incentivize
 >> them to create instead of begging for our constitutional rights for
 >> fair use.
 >>
 >> A
 >
 > It is hard to respond to all the detail on a line by line basis
 > It is clear that you have an entrenched position on this, and nothing I
 > can post, either factual or persuasive, is likely to change that.
 > You may have your opinion that the masses are entitled to have anything
 > they want for free, but my point stands, that if you want value (product,
 > entertainment or whatever) for free, then be prepared to work for free.
 >
 > It is interesting to note that this discussion only involves
 > entertainment, which any of us can do without. It does not involve work or
 > anything that is a necessity for life.
 >
 > If you don't like the laws and want change them, get active in politics -
 > that is your duty as a citizen of a democratic country. You can't morally
 > make a point for more free stuff when you are advocating breaking the law.
 >
 > This sounds like the mantra of the 'me generation' - I want everything, I
 > want it now, I want it for free.
 >
 > Sorry, no sympathy from me - I paid my own way, you pay your way in life.
 >
 > Stuart
 >
 >
 
 This concept of consumption of media is totally ludicrous.  We do not and
 should not pay for what we consume.  What nonsense.  I do not consume
 magazines, textbooks, art or any other such thing.
 
 Get some logic and careful thought going here.  WE DO NOT CONSUME MEDIA.
 [Back to original message] |