Re: Analog Hole Bill Would Require Secret Tech No One Can Examine
- From: John Larkin <jjlarkin@xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx>
- Date: Mon, 23 Jan 2006 20:33:43 -0800
On 23 Jan 2006 19:55:53 -0800, cs_posting@xxxxxxxxxxx wrote:
>John Larkin wrote:
>
>> They'll never make it mandatory for general-purpose sar adc chips to
>> search for watermarks. And you can always make an audio-quality [1]
>> delta-sigma in an FPGA. But why do you think it important to be able
>> to bootleg someone else's intellectual property? If you don't like the
>> product, don't buy it.
>
>The obvious answer is that there is a huge difference between what the
>courts have decided you can do in terms of legitimately using your
>legitimately aquired instance of someone's intellectual property, and
>what their DRM controls are likely to permit you to do. If DRM systems
>literally implemented copyright law and no more, that would be one
>thing - but they far over-reach the law with technical means, and
>legislation like this would prevent the consumer from using technical
>means to rematch what is possible to what is legal.
If the copyright holder says "do not reproduce this", those are the
rules. He owns it, and you don't. And "fair use" tilts that
formulation in favor of the copier.
>
>Further, some of the implementations may have a negative effect on the
>ability to use consumer-market gear to create original intellectual
>property.
>
Are you suggesting that it will become illegal or technically
impossible to play your own piano into a mic and burn the result to a
CD? Or illegal for garage bands to burn CDs and give them away, or
sell them without watermarks? I don't think so.
They could make it impossible that you could play the sound of a
purchased CD into that same mic and burn a CD. So if you don't like
those terms, don't buy the CD.
>But I'm sure you already knew that, which raises the interesting
>question of why you chose to ignore it.
I think anybody should be able to attach whatever technical
protections they desire to their own IP. And we can decide if we want
to buy it or not. And since the Supremes have defined a "fair use"
principle, I assume they will stick to it, so that sets some of the
rules of the game.
I think what most people fear is that their ability to bootleg IP will
be diminished, and they'll have to pay for all the stuff they listen
to for 16 hours a day, as they rot their brains and destroy their
hearing.
John
.
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