Misinterpretations of Lexmark, Chamberlain.
Interesting post on Madisonian Theory about the Lexmark / Chamberlain cases. Apparently some folks are trying to find ways to respond to the Lexmark and Chamberlain rulings that limit the scope of the DMCA.
From what I've seen so far they're trying to find some way to deploy "protection measures" (i.e. crypto) that would automatically result in copy infringement if the digital content was accessed in an unauthorized manner. As I see it, this is ultimately a futile exercise because these "experienced IP lawyer(s)" have missed a VERY important point:
This is the fundamental lesson of Lexmark and Chamberlain and no amount of technology will ever change this fundamental principle. It'll take an act of Congress to screw this up.
From what I've seen so far they're trying to find some way to deploy "protection measures" (i.e. crypto) that would automatically result in copy infringement if the digital content was accessed in an unauthorized manner. As I see it, this is ultimately a futile exercise because these "experienced IP lawyer(s)" have missed a VERY important point:
THERE IS NO SUCH THING AS UNAUTHORIZED ACCESS, OR CIRCUMVENTION, IF A CONSUMER HAS OBTAINED THE DIGITAL CONTENT LEGITIMATELY!
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