[Air-l] "It can't be legal unless you pay for it"

Heidelberg, Chris Chris.Heidelberg at ssa.gov
Thu Mar 2 08:41:35 PST 2006


Dan:

Of course, you are correct, I forgot about the Sony case with cd's. I
guess what I should have communicated is that I am waiting for the first
Supreme Court case that rules against DRM in whole or at least in part
because it limits fair use and copying for personal use as provided for
under the Sony Betamax decision in 1984. It would appear that the
electronics makers have capitulated to the entertainment companies by
placing DRM in their new devices. TiVo, Sony and others have all fallen
in line with policy. I would think that the companies that buck this
trend and partner with the telecoms could defeat the entertainment lobby
since the telecoms and even the utility company who will be entering the
business soon have the money and the Congressional influence to
successfully challenge the content lobby. By the way, is it safe to
assume that DRM was held to be legal except for the Sony fiasco.

-----Original Message-----
From: air-l-bounces at listserv.aoir.org
[mailto:air-l-bounces at listserv.aoir.org] On Behalf Of Dan L Burk
Sent: Tuesday, February 28, 2006 3:15 PM
To: air-l at listserv.aoir.org
Subject: Re: [Air-l] "It can't be legal unless you pay for it"

On 28 Feb 2006, Heidelberg, Chris wrote:
>
> I am
> waiting for the first lawsuit that is filed in the U.S. against 
> digital rights management.

Then you missed it -- actually, them.  There have been at least two or
three that I can think of offhand, in both federal and state court.  DLB

Dan L. Burk
Oppenheimer, Wolff & Donnelly Professor
University of Minnesota Law School
229 19th Avenue South
Minneapolis, MN 55455 USA
***************************************
Voice: 612-626-8726
Fax: 612-625-2011
bits: burkx006 at umn.edu

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