Re: Analog Hole Bill Would Require Secret Tech No One Can Examine



In article <593dt1dj95v59q03f4migqtgv88b5cdg7i@xxxxxxx>,
jjlarkin@xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx says...

> How? Are you suggesting that, say, it will be mandatory to sell CD
> players and PC sound chips that will play *only* watermarked CDs?

It's not a question of playing or copying the content; it's a question
of how content is used. Copyright law was never intended to allow an
author to dictate terms of use, only terms of distribution. The legal
terms and assumptions that frame this whole debate are being fabricated
on the fly.

>I don't think that will happen, for a lot of reasons.

The problem is, because content-distribution standards are seen as
natural monopolies, there won't be anything but watermarked, DRM-
encumbered standards on the market.

If the CD were introduced today, it would be carefully designed to
ensure that it couldn't be ripped to your hard disk or transferred to an
iPod-like device. That's fine -- the hardware companies should be free
to introduce any goofy constraints they like. They should be free to
discover that their monopoly isn't as "natural" as they thought.

But this time, they're one step ahead of us. That monopoly, natural or
otherwise, is being given the force of law. If this law passes, and you
try to sell general-purpose broadband data-acquisition hardware, someone
from the government will stick a gun in your back and force you to
withdraw your product. So... why not just mail your Form 1040 to Sony
and cut out the middleman?

-- jm

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