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First sale doctrine does not allow circumvention of DRM. I don't have the CSS license in front of me, but the AACS and CPPM licenses (created by many of the sa
by OpieCunningham 16y ago
First sale doctrine does not allow circumvention of DRM.
I don't have the CSS license in front of me, but the AACS and CPPM licenses (created by many of the same lawyers) specify exactly which types of digital outputs are allowed and what types of security are required if those digital outputs are used. IP streaming is a digital output. Assuming the CSS license is similar, if IP streaming is not listed in the CSS license, and if the security Zediva uses (assuming they use any) isn't listed, then Zediva is circumventing CSS.
- joeag 16y agoActually you are stating a hypothesis as a fact. Exactly what DRM is under First Sale Doctrine is to my (somewhat rusty) knowledge, still unclear. Whatever licenses you do or don't have in front of you don't matter. That's the whole point of First Sale - you are not subject to any contract or license, it defines what you can do WITHOUT PERMISSION when you purchase a particular item.
- OpieCunningham 16y agoSo case law is unclear enough that I can create a CSS circumvention tool and sell it to you? No. How about if I create a CSS circumvention tool and then rent you access to that tool on a per-movie basis? That's Zediva.