MESSAGE
DATE | 2004-07-14 |
FROM | Mike Richardson - NYLXS PRESIDENT
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SUBJECT | Re: [hangout] FW:Infoworld: Is Content Control Constitutional? (fwd)
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Slow readers.
On Wed, 14 Jul 2004, Ruben Safir Secretary NYLXS wrote:
> Yeah - Think they read anything I ever wrote nearly 2 years ago on this topic? > > Ruben > > > On Tue, Jul 13, 2004 at 11:13:07PM -0400, Mike Richardson - NYLXS PRESIDENT wrote: > > > > > > > > ---------- Forwarded message ---------- > > Date: Tue, 13 Jul 2004 15:25:46 -0400 > > From: Michael Richardson > > To: 'Mike Richardson - NYLXS PRESIDENT' > > Subject: FW: Infoworld: Is Content Control Constitutional? > > > > > > > > -- > > "In The Business World > > An Executive Knows Something About Everything, > > A Technician Knows Everything About Something, > > And the Switchboard Operator Knows Everything." > > > > No one person is smarter than their team! > > > > > > > > > > > > > http://weblog.infoworld.com/foster/2004/07/13.html#a127 > > > > > > > > > THE GRIPE LINE WEBLOG > > > > > > by Ed Foster > > > Tuesday, July 13, 2004 > > > > > > > > > Is Copy Protection Constitutional? > > > > > > > > > It's not unusual for my readers to have some strong things to say about > > > DRM, > > > product activation and the like. But one reaction to my column last week > > > on > > > Roxio's product activation was particularly remarkable, the more so > > > because > > > it came from the president of a software company. > > > > > > "We are a small company which does a lot of customized software, so > > > there is > > > a difference there between us and the Microsofts, et. al. of the world," > > > the > > > reader wrote. "However, our philosophies cannot be too dissimilar, since > > > we > > > all make our money off our software." > > > > > > "All that said, I view copy protection as an absolute immoral, illegal, > > > and > > > unconstitutional intrusion of individual rights," the reader wrote. "I > > > have > > > gotten fed up with companies and people in general treating everyone > > > like a > > > criminal until they prove otherwise. I will not allow anyone at my > > > company > > > to even suggest a copy protection scheme, because I believe in going > > > after > > > the offenders, and not everyone else." > > > > > > Unconstitutional intrusion? "Absolutely" the reader wrote, citing the > > > Fourth > > > Amendment's protection against unreasonable searches and seizures. "It > > > is my > > > belief that these activation schemes are essentially a search as it > > > keeps > > > track of the hardware in the system. It may be general information, but > > > still nonetheless a search. Secondly, when the software is disabled as a > > > result of a hardware change, again, this is a search, but also a > > > seizure. I > > > understand all too well that software is licensed, and title and > > > copyright > > > is retained with the authoring entity; however, the price paid for the > > > software is essentially a rental price. How often in this country can a > > > person be thrown out of their residence without the owner going to court > > > first? It just doesn't happen." > > > > > > The reader also cited the Fifth Amendment and its provision that no > > > person > > > should be deprived of life, liberty, or property without due process of > > > law. > > > "Disabling software when the person has paid the entity's price for it > > > constitutes the person being deprived of liberty and property without > > > due > > > process," he wrote. "I have written and continue to write Senators, > > > Congressmen, etc. to try to get some action on this, but the issue is > > > just > > > simply not big enough or hot enough to get Congress to move on." > > > > > > Them's fighting words, I do believe. Write me at Foster-at-gripe2ed.com and > > > tell me which side of the fight you're on. > > > > > > > > > -- > > > > > > > ____________________________ > > NYLXS: New Yorker Free Software Users Scene > > Fair Use - > > because it's either fair use or useless.... > > NYLXS is a trademark of NYLXS, Inc > > -- > __________________________ > Brooklyn Linux Solutions > > So many immigrant groups have swept through our town > that Brooklyn, like Atlantis, reaches mythological > proportions in the mind of the world - RI Safir 1998 > > DRM is THEFT - We are the STAKEHOLDERS - RI Safir 2002 > http://fairuse.nylxs.com > > http://www.mrbrklyn.com - Consulting > http://www.inns.net <-- Happy Clients > http://www.nylxs.com - Leadership Development in Free Software > http://www2.mrbrklyn.com/resources - Unpublished Archive or stories and articles from around the net > http://www2.mrbrklyn.com/downtown.html - See the New Downtown Brooklyn.... > > 1-718-382-0585 >
____________________________ NYLXS: New Yorker Free Software Users Scene Fair Use - because it's either fair use or useless.... NYLXS is a trademark of NYLXS, Inc
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