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The Cablevision Case and Others

Started by TLF · 10 months ago

Recently for DRMWatch I commented on the Court of Appeals ruling that Cablevision’s remote digital video recorder service did not directly violated copyright. The Court, however, did raise the possibility of indirect liability.
One possibility–perhaps the most sensible ... Continue reading »

1 comment

  • Once again, Copyright is being contorted to aggrandize the so-called property right of the content producers at the expense of the consumer and to establish "toll booths" to extort revenue for every conceivable transaction, such as time shifting.

    If the trend of aggrandizing the property rights of the content producers continues it will have chilling effects. First, the concept of "sale" is being eroded. When one buys a car or house one acquires a property right to use that asset. However, when it comes to so-called intellectual content, amazingly the products are somehow never sold since they are claimed to be leased. Which then allows the content producers to place post-sale restrictions on the use of the content sold. I guess Ford could place a requirement that all spark plugs must be Ford spark plugs. The liberty of the consumer to use an asset as they wish is being stripped.

    Furthermore, I find it surprising that property rights advocates are silent on how the property rights of the consumer are being stripped. I guess we have the ye olde double standard.

    I just ran across this quote from John Perry Barlow thanks to William Stepp at Against Monopoly

    "The greatest constraint on your future liberties may come not from government but from corporate legal departments laboring to protect by force what can no longer be protected by practical efficiency or general social consent."

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