Posted on 04/24/2006 7:51:04 AM PDT by FewsOrange
Sadly, that is not true for DVDs. A number of courts have ruled, and been upheld, that you can not use the technology that copies DVDs. True, they haven't actually said that copying the DVD is illegal (thus maintaining fair use standards). But they have ruled that it is illegal to use the technology that does the copying, if it is a copy protected disk. Which in essence means that it is illegal to copy a commercial DVD.
Laugh all you want but it's your hypocrisy being exposed. You can't claim you don't want this on your computer because it's malware, which it is, then claim you could be arrested for removing it, even though it's malware. No one will ever be arrested for removing obvious malware, which is why you still can't find a single person out of the millions who removed this being threatened by anyone in law enforcement, anywhere. Nor will you ever.
Please show me the definition of malware in the DCMA..
Yea that would require an unfair law and we would have to have a whole thread about that /sarcasm
None of which changes the fact that DMCA, your darling legislation straight from the UN, which you have defended with the faithfulness of a husband defending his wife, says that it's illegal to remove copy protection. And the whole reason that Sony included the rootkit was copy protection, despite your protests that it has to be "either or".
Just because it's not prosecuted doesn't mean that people aren't breaking the law when they do it.
ping bush is shrinking the size and scope of the fed gov again....oh wait
Show me the definition of copyright protection in the DMCA. Does it include malware?
Why hasn't anyone been arrested for removing it yet?
Of course I can, because it is true. The DMCA makes it illegal.
No one will ever be arrested for removing obvious malware, which is why you still can't find a single person out of the millions who removed this being threatened by anyone in law enforcement, anywhere.
That is a completely irrelevant red herring. I can understand your desire to obfuscate your support of the Sony rootkit and the DMCA that protects it. Nonetheless, enforcement is irrelevant. It's still illegal.
No no no, GE. That's not the question.
The question is, does it exclude it?
Nah they attempted to confuse their malware with copy protection, just as you are trying to do now.
"Nah..." is not an explanation of your position, just a rote naysaying of the (correct) position taken by others here.
Why can't you explain your position?
Ask the noobie if he's found the definition of copyright protection yet, and if it includes the use of malware.
Also let me know when you find anyone anywhere being prosecuted for removing any malware from any computer anywhere.
At that point you will have some proof that some forms of malware can't be legally removed from your computer.
Ask the noobie if he's found the definition of copyright protection yet, and if it includes the use of malware.
That's not the question. Does the DMCA EXclude malware, as you claim? Prove your own claim.
Also let me know when you find anyone anywhere being prosecuted for removing any malware from any computer anywhere.
Still completely irrelevant.
At that point you will have some proof that some forms of malware can't be legally removed from your computer.
Even a cursory reading of the DCMA establishes that.
Hmm I will have to look into that..because my understanding is that what is illegal is the software that strips the copy protection from the DVD..there are archive softwares that dont strip the protection because they dont actually copy the disk but (divx stuff) Software that strips the copy protection and then copying the actual disk is illegal..but the other way its legal because it falls unde rthe fare use.
I havent looked into it in depth however so you may be right..but that is my understanding...
Indeed there are DVD copy software that actually have disclaimers like INtervideo's DVDCopy where it detects a copywritten DVD and pops up a message saying that they cant sell software that strips DVD protection but if you use someonelses software to strip the protection then you can copy it...etc etc..
You're the one talking in circles, not I.
Show some proof of anyone, anywhere, ever being prosecuted for removing malware from theit system.
Show me anyone anywhere ever even being threatened for removing this one, including the millions who rightfully removed it.
You can't, obviously, because your claims that anyone would or could ever be prosecuted for removing it are ridiculous. It was malware, and Sony is rightfully paying a price for distributing it, not those that removed it.
I will not, because those two things are completely irrelevant.
"Haven't" doesn't mean "can't."
The reason you have lost this argument is because you cannot prove your assertion that there is some kind of malware exception in the DMCA. There is none.
It doesn't have to be explicit, anything normally illegal like malware is implied, and rootkits are a type of malware.
Miilions have removed this and not one prosecution. Nor will there ever be, obviously, as all fault lies with Sony.
Circumvent legal copyright protection and you might get in hot water, though. But of course that's why you're obviously launching this FUD fest anyway.
The other day I jaywalked, I did not get arrested I guess there must not be a law against it right?
Show me the definition of copyright protection in the DMCA. Does it include malware?
Coming from me this is significant: You are a legal neophyte! the law has to define copy protection. If, in that definition, no exception is made for what you call malware than the sony 'malware' would fit within that definition. There is no 'GE says' clause in the DCMA so unless you can point out how the law (DCMA) differentiates between a rootkit/malware and copy protection then the absence of malwares mention means only that it too has the same legal protection if it is aimed at protecting content.
"...implied..."
LOL
So what, people actually get cited for it all the time especially in NYC. No one has ever been cited for removing this malware, nor will they ever.
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