Comments on: Can a company own a number? https://whats.all.this.brouhaha.com/2007/05/04/can-a-company-own-a-number/ miscellaneous musings and random rantings Sat, 28 Nov 2015 09:12:01 +0000 hourly 1 http://wordpress.org/?v=3.9 By: Eric https://whats.all.this.brouhaha.com/2007/05/04/can-a-company-own-a-number/comment-page-1/#comment-3443 Fri, 04 May 2007 22:04:44 +0000 http://whats.all.this.brouhaha.com/?p=483#comment-3443 Thanks for the link. However, I don’t think a number can be considered to be a “technology, product, service, device, component, or part thereof”. In particular, the EFF thinks that the AACS-LA considers the number to be a component. However, even if the number is a component, it does not meet any of the three requirements of the DMCA:

It is not “primarily designed or produced for the purpose of circumventing a technological measure that effectively controls access to a work protected under this title”, since the number is in fact used for legitimate acces to the work. The number was “designed or produced” by the AACS-LA themselves!

It does not have “only limited commercially significant purpose or use other than to circumvent a technological measure that effectively controls access to a work protected under this title”, since it has a significant use in allowing me to access the work from Linux (in full compliance with copyright law).

It is not “marketed by that person or another acting in concert with that person with that person’s knowledge for use in circumventing a technological measure that effectively controls access to a work protected under this title”. It is not “marketed” at all; no one is offering the number in commerce, for circumvention or otherwise.

Eric

]]> By: Hanford https://whats.all.this.brouhaha.com/2007/05/04/can-a-company-own-a-number/comment-page-1/#comment-3442 Fri, 04 May 2007 21:47:35 +0000 http://whats.all.this.brouhaha.com/?p=483#comment-3442 EFF has a good article on this, especially:

Is the key copyrightable? It doesn’t matter. The AACS-LA takedown letter is not claiming that the key is copyrightable, but rather that it is (or is a component of) a circumvention technology. The DMCA does not require that a circumvention technology be, itself, copyrightable to enjoy protection.

http://www.eff.org/deeplinks/archives/005229.php

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