Copy protection

Robert Lunnon bobl at optushome.com.au
Tue Oct 3 15:31:03 CDT 2006


On Tuesday 03 October 2006 02:56, Tim Schmidt wrote:
> On 10/2/06, Marcus Meissner <marcus at jet.franken.de> wrote:
> > We can't, this kind of circumvention is likely to be illegal in the US.
>
> The relevant portion of the DMCA reads as follows:
> (http://thomas.loc.gov/cgi-bin/query/F?c105:6:./temp/~c105bzNC4v:e11559:)
>
>        `(2) No person shall manufacture, import, offer to the public,
> provide, or otherwise traffic in any technology, product, service,
> device, component, or part thereof, that--
>
>             `(A) is primarily designed or produced for the purpose of
> circumventing a technological measure that effectively controls access
> to a work protected under this title;
>
>             `(B) has only limited commercially significant purpose or
> use other than to circumvent a technological measure that effectively
> controls access to a work protected under this title; or
>
>             `(C) is marketed by that person or another acting in
> concert with that person with that person's knowledge for use in
> circumventing a technological measure that effectively controls access
> to a work protected under this title.
>
> I believe we don't match A, B, or C.  Further,
>
>        `(f) REVERSE ENGINEERING- (1) Notwithstanding the provisions of
> subsection (a)(1)(A), a person who has lawfully obtained the right to
> use a copy of a computer program may circumvent a technological
> measure that effectively controls access to a particular portion of
> that program for the sole purpose of identifying and analyzing those
> elements of the program that are necessary to achieve interoperability
> of an independently created computer program with other programs, and
> that have not previously been readily available to the person engaging
> in the circumvention, to the extent any such acts of identification
> and analysis do not constitute infringement under this title.
>
>       `(2) Notwithstanding the provisions of subsections (a)(2) and
> (b), a person may develop and employ technological means to circumvent
> a technological measure, or to circumvent protection afforded by a
> technological measure, in order to enable the identification and
> analysis under paragraph (1), or for the purpose of enabling
> interoperability of an independently created computer program with
> other programs, if such means are necessary to achieve such
> interoperability, to the extent that doing so does not constitute
> infringement under this title.
>
>       `(3) The information acquired through the acts permitted under
> paragraph (1), and the means permitted under paragraph (2), may be
> made available to others if the person referred to in paragraph (1) or
> (2), as the case may be, provides such information or means solely for
> the purpose of enabling interoperability of an independently created
> computer program with other programs, and to the extent that doing so
> does not constitute infringement under this title or violate
> applicable law other than this section.
>
> Appears to grant specific permission for the kinds of work the Wine
> devs need to do.
>
> --tim


Part 3 Applies, however it could be read as being permissible for the purpose 
of implementing a compatible interface. IE for the purpose of making the copy 
protection work under Wine. I think it would be much safer to make the 
protection work from a circumvention point of view.

Bob



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