Home > The Importance of...
About this Author
Ernest Miller Ernest Miller pursues research and writing on cyberlaw, intellectual property, and First Amendment issues. Mr. Miller attended the U.S. Naval Academy before attending Yale Law School, where he was president and co-founder of the Law and Technology Society, and founded the technology law and policy news site LawMeme. He is a fellow of the Information Society Project at Yale Law School. Ernest Miller's blog postings can also be found @
Copyfight
LawMeme

Listen to the weekly audio edition on IT Conversations:
The Importance Of ... Law and IT.

Feel free to contact me about articles, websites and etc. you think I may find of interest. I'm also available for consulting work and speaking engagements. Email: ernest.miller 8T gmail.com

Amazon Honor System Click Here to Pay Learn More

LINKS
freedom_sake_md_2.PNG Balkinization
bIPlog
bricoleur
Cairns Blog: Beth Noveck
Copyfight
Copyfighter's Musings
Copyright Blog
Chris Cohen
Dan Gillmor's eJournal
DigitalConsumer.org
Displacement of Concepts
DTM :<|
Freedom to Tinker
Furdlog
GigaLaw.com News
GrepLaw
infoAnarchy
Infothought
Internet Law Program Blog
Joe Gratz
Law School Discussion
LawMeme
Lessig Blog
Matt Rolls a Hoover
Napsterization
David Opterbeck
Politech
Scobleizer
SIVACRACY.NET
Slashdot
Susan Crawford Blog
Unlimited Freedom
< A Legally Inclined Weblog >

RECENT ENTRIES
RECENT COMMENTS [xml]
› Jonna Hicks on
Salsa Verde

› Miles Cleveland on
Kitchen Academy - Course II - Day 16

› Keagan Sousa on
Kitchen Academy - Course I - Day 14

› Jordan Reichert on
Kitchen Academy - Course I - Day 18

› Keagan Sousa on
Kitchen Academy - Course I - Day 14

› Derek Sullivan on
Kitchen Academy - Course II - Day 7

Recent Trackbacks
› jeu casino gratuit:
jeu casino gratuit

› casino en francais:
casino en francais

› Internet and Information Technology Security - eLamb:
To Dan Glickman

› Blogs - Steven Shelton's Blog - GLOAMING.us:
Federal Judges: More Intelligent than Creationists

› The world according to SComps:
Penna going to hell! Robertson confirms it.

› Blog For mis111, Section 1, Group 080:
Coca Cola Threatens Photographer With Lawsuit


Subscribe with Bloglines

Creative Commons License
All text in this web log is licensed under a Creative Commons License.
In the Pipeline: Don't miss Derek Lowe's excellent commentary on drug discovery and the pharma industry in general at In the Pipeline


The Importance of...


July 27, 2004
Can Copyright Holders Sue Real for Converting Files from Helix DRM to FairPlay DRM?Email This EntryPrint This Entry
Posted by Ernest Miller

An interesting point was raised in the comments section of my posting on Real's software that converts music files with Real's Helix DRM to Apple's FairPlay DRM (What Real's Hacking of FairPlay Doesn't Do). Carl Witty and Derek Slater discuss the question of whether converting from Real's Helix DRM to Apple's FairPlay DRM might be construed as a violation of the anti-circumvention provisions of the DMCA (17 USC 1201). Derek claims that Real probably has the right to do such conversions under its licensing of Helix.

This is a question I've thought a lot about and the answer would have interesting repercussions (Who Can Sue Who Under the DMCA?). I agree with Slater. The licensing for Helix has to trump any claimed injury by copyright holders who use Helix DRM. Otherwise, the DRM is no longer controlled by Real, but by the copyright holders. Who would license DRM knowing that copyright holders would not be bound by the terms of the license?

However, Seth Finkelstein disagrees (and so does the Second Circuit). In the MPAA DeCSS cases, the movie studios were permitted to bring the action despite the fact that they had zero rights in CSS according to the licenses they signed with the DVDCCA, which manages the rights to CSS. The DMCA gives a very broad right to sue: "[a]ny person injured by a violation of section 1201 or 1202 may bring a civil action in an appropriate United States court for such violation." If converting from Helix DRM to FairPlay DRM harms the copyright holder (because FairPlay has been cracked, for example), shouldn't they be able to sue Real under terms of the DMCA?

It's a question I would love to see the courts deal with.




COMMENTS

There are no comments posted yet for this entry.


TRACKBACKS
TrackBack URL: http://www.corante.com/cgi-bin/mt/mt-pcorso.cgi/3801
Real's Harmony Hype from A Copyfighter's Musings Ernest covers the most important points [Read More]

Tracked on July 28, 2004 02:50 AM

Can Real Sue Apple Under the DMCA? from The Importance of... Derek Slater has some further thoughts on Real's announcement that they will be able to convert their Helix DRM files into Apple's FairPlay DRM format, but not the other way around (Real's Harmony Hype). Reading his article made me consider... [Read More]

Tracked on July 28, 2004 05:15 PM

Apple Threatens Real from A Copyfighter's Musings Apple has released a statement in response to Harmony : "We are stunned that RealNetworks has adopted the tactics and ethics of a hacker to break into the iPod(R), and we are investigating the implications of their actions under the DMCA and other laws. [Read More]

Tracked on July 29, 2004 05:50 PM

Apple Gets Real Serious About Harmony from The Importance of... I've been writing a lot recently about the Real / Apple imbroglio (What Real's Hacking of FairPlay Doesn't Do, Can Copyright Holders Sue Real for Converting Files from Helix DRM to FairPlay DRM?, and Can Real Sue Apple Under the... [Read More]

Tracked on July 29, 2004 06:50 PM




POST A COMMENT
Name:

Email:

URL:

Comments:

Remember personal info?



EMAIL THIS ENTRY TO A FRIEND
Email this entry to:

Your email address:

Message (optional):




RELATED ENTRIES