[kwlug-disc] are you going to be a criminal?

Lori Paniak ldpaniak at fourpisolutions.com
Sat Jun 5 00:03:56 EDT 2010


On Fri, 2010-06-04 at 23:36 -0400, unsolicited wrote:
> Lori Paniak wrote, On 06/04/2010 11:24 PM:
> > but they don't have a right to maximize profit.
> 
> Of course they do. You want to see their content? They'll permit you 
> to, but only under their 'licensing' terms. If you don't like their 
> terms, you don't get to watch the content.
> 
> That's their right.
> 
> Of course they have the right to maximize profit - it's part of the 
> point of having a business or product.
> 

They don't have a right to a profit.  They are allowed to try to achieve
it.  

Monopolies are not illegal either.  Only when they get abusive.  

They could ask for my right arm for the privilege to watching their DVD.
I might even take them up on that.  That bargain would never be
enforcible in law.  This demonstrates that there are limits to what they
can demand of the consumer.  Now the question becomes one of where the
line is drawn.  

> That's part of the point of the bill - people breaking their 
> protection mechanisms, against the minimal rights they're willing to 
> provide in what they sell.
> 
> 
> Fair use has nothing to do with this.
> 

Really?  That's what I'm in it for.  If they want to play DRM games to
give themselves a (false!) feeling of security, so be it.  Just don't
let it criminalize my personal DVD watching habits.

To paraphrase a former Canadian leader, the government has no business
in the MythBoxes of Canadians.

> 
> Part of the points of contention here, and in many other areas, is no 
> reasonable person would expect certain things, but as soon as they 
> crack open the shrinkwrap ...
> 
> Like buying a piece of poor software ... there's no redress. No 
> holding to account. But buy a toaster that doesn't toast ...
> 
> Why is the content industry, including software, held to different 
> standards. How the heck did we get here?
> 
> 

Yes, how did we get here?  Somehow society decided that computer code
was a sacrosanct revelation from the hands of gods?  But software
warranties are not a good idea either, right?


> In Canada, we hold that we can take that content and back it up to 
> different media. Industry holds a different view, and wants to take 
> that right away.
> 

I don't think the Constitution says anything about the right to back up
media.  I *bought* the right to watch their DVD - I have the receipts.
Can they decree it illegal for me to watch it on Tuesdays and Thursdays?
Upstairs or downstairs?  On Linux or Windows?  These all sound
equivalently daft to me. 

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