Hi,

Terry writes:

> Apple usually manages to shut stuff down by revoking the offending
vendor's
> SDK, which according to the terms of the EULA they have every right to do;
> this is what they did with the P2P sharing software for iTunes.

OK, I write it in Chipmunk Basic. What SDK?

> As far as copyright violations go, any time you reverse-engineer something
> containing encryption, you open yourself to a DMCA violation, which is a
> (bad) extension of the copyright fact and federal law. 7 years and/or
$250k
> fine.
>
> Encryption is, of course, whatever Apple's lawyers can convince a jury to
> believe it is. American justice is great; most money wins.

Allowing use of a non-Apple DVD relates to encryption how?

I know about the ridiculous requirements of the DMCA, but I don't think they
apply here...

Oyumeen writes:

>  There was a font modification program about 10 years ago that did
> this...modified your legally licensed fonts, or allowed you to modify them
> in many ways, including change to/from PS/TT.

So? What's wrong with that?

> The program was taken off the market due to a legal agreement between the
> developer and the type makers. Type makers said license did not allow such
> modifications therefore the app doing it was illegal.

I think that's between the type vendors and the type owners. If the type
owners
were to mail illegal copies of the typefaces to their relatives, would the
vendor
go after the post office for providing a tool that makes this possible?

Or is this an "aiding_and_abetting" complaint?

For instance, could you be charged with car theft if you were making a tool
who's only conceivable purpose was to steal cars? Even if you never stole
one?

> > OK, you've just performed a Disney property. And if they owned it when
> > you spoke it, do they own it when it's in your head. You know songs you
> > "can't get out of your head because they play over and over..." Do you
> > have permission to do that?
> >
> This is a non-issue, falls under the "fair use" and "personal use"
> provisions (both of which are under some attack).
> If you actually performed the song as part of a musical presentation, you
> would need to have permission, but if it's just a part of another artistic
> work...especially if it is not used in total, is being commented upon,
> satirized or used educationally, you're probably OK.

1. The personal use exemption is overstated. If I go to the movies and
videotape the film _for_my_personal_use_ (I want to watch it again
later), too bad. That's clearly a violation.

2. The courts are allowed broad interpretation in fair use. Suppose they
decide you're playing the song in your head to entertain yourself. What
then? If recalling it gives you pleasure, doesn't Disney deserve
compensation
for the value you continue to obtain?

I'm just pointing out that intellectual property laws are pretty murky, and
serve well to keep lawyers off the street, but I hate to see the threat of
legal action intimated every time someone proposes writing some software
that's not in the best interest of some major employer of lawyers. Really.
It's sometimes legal to do things other companies might not like. Honest.
If Apple chooses some mechanism to enforce licensing, and someone else
renders that mechanism useless, perhaps they should choose a better one.

Just my NSHO...

Honest, I really do have lots of questions about my G3s. I'll get to them.
:-)

Best wishes,

-greg




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