MESSAGE
| DATE | 2004-07-14 |
| FROM | Mike Richardson - NYLXS PRESIDENT
|
| SUBJECT | Subject: [hangout] [DMCA_Discuss] Vendor uses DMCA to bar third-party support contracts
|
---------- Forwarded message ----------
Date: Wed, 14 Jul 2004 13:36:27 +0400
From: Vladimir Katalov
To: dmca_discuss-at-lists.microshaft.org
Subject: [DMCA_Discuss] Vendor uses DMCA to bar third-party support
contracts
Vendor uses DMCA to bar third-party support contracts
StorageTek doesn't like anyone horning in on its service contract monopoly, it seems.
posted 11:41am EST Tue Jul 13 2004 - submitted by J. Eric Smith
http://www.geek.com/news/geeknews/2004Jun/gee20040713025973.htm
Owners of StorageTek tape libraries and backup systems were dealt a
blow to flexibility by a Boston court earlier this week. The loss of
flexibility did not hamper the features or functionality of
StorageTek's products, however. Instead, StorageTek was granted a
preliminary injunction against a third-party service and support
organization seeking to provide support for the tape libraries, and
StorageTek used the Digital Millennium Copyright Act to do it.
In a move ominously reminiscent of Lexmark's lawsuit against
third-party toner cartridge manufacturers
(http://www.geek.com/news/geeknews/2003Mar/the20030303018917.htm),
StorageTek used the DMCA to claim the third-party support vendor had
"circumvented" an access control device in order to service the
system. The access control in question is an algorithmic "key" used to
put the tape library into maintenance mode, allowing the service
technician to perform maintenance and support functions not normally
accessible. StorageTek claims the use of this key prevents unqualified
individuals from making drastic modifications to the tape library, but
it also means that, without the key, no one but StorageTek reps can
perform maintenance on the backup device. StorageTek sells support
contracts to tape library customers.
LawGeek (no relation to Geek.com) has a full rundown on the case and
its long-reaching implications.
ERIC'S OPINION
Just when you thought it was safe to forget (for a while) about the
DMCA, along comes another organization wishing to use it to stifle
legitimate competition. There's no use trying to paint it as some
noble move by StorageTek to protect the customer or itself from
unqualified technicians fumbling about inside the Maintenance Console;
if someone were to do that, StorageTek can void the customer's
warranty, as has no doubt happened in the past. As with all things, if
the customer decides to pursue support options outside those of the
mother company, it's buyer beware; but now even that freedom is being
taken away.
The implications here are grim, but that's nothing new when the DMCA
is involved. This has to be without a doubt the single most
destructive, most wrong-headed, most idiotic, most abused law ever
written into being concerning commercial freedom. What's more
depressing is that neither side of Congress, Democrat or Republican,
seems to show any interest whatsoever in getting rid of it.
We don't own any StorageTek products where I work, but based upon this
new restriction we won't be buying any even if the need arises. I urge
those of you in positions of decision-making to weigh the implications
of being locked into a single service and support provider by law when
making your purchasing decisions. Perhaps if StorageTek feels the
crunch of a consumer boycott it'll decide this abuse of the DMCA
wasn't such a good idea after all.
_______________________________________________
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