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May 22, 2005
Blink ›
Wax Cylinders Same as MP3s Says German Court
Well, not really. But ConstitutionalCode, who I am beginning to suspect speaks and reads German and may be located somewhere in Europe, reports that German courts have declared DVDs and Videotape to be the same for contractual copyright purposes (Germany: DVD = Video Cassette for Copyright Eploitation):
The Bundesgerichthof affirmed a lower court ruling and noted that a mere technological novelty would not bring a new use (of commercial exploitation). The use must be an independent economic form of use, and since the DVD is to be seen as a replacement of the video cassette, this was not granted.
I don't really have anything to say about the merits of this case, but I do think that "mere technological novelty" can be far more powerful than is normally realized.
TiVo is often described as a digital VCR, but it is far more than that and leads to highly disruptive changes in viewing habits. Seemingly minor changes can spur development in radically different ways. DVDs are significantly different from videotapes. If we ever get rid of the DMCA, it is likely we will see all sorts of disruptive uses for them.
posted by Ernest Miller |
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