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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 @
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June 23, 2005

Gartenberg Responds on eBook DRM and Potential DMCA Violations

Posted by Ernest Miller

A couple of days ago I wrote a post about Jupiter Research analyst and DRM-proponent Michael Gartenberg, who had grown so frustrated with Microsoft Reader's ebook DRM that he apparently circumvented the DRM, which is generally illegal under the DMCA (DRM Proponent Fed Up With DRM - Violates DMCA). Well Gartenberg has now replied, indirectly (My Last Word on DRM... Today).

Here's my last word on drm. I repeat, I'm not against the concept and most consumers aren't either unless they bump into it while trying to use content they purchased in a legitimate way. I am against the way msft has supported folks using their Reader software and being locked out of my content. Some of you also suggest I may have violated the dmca when I posted my solution. I don't know. Honestly. It seems to me the program does nothing to the files, they are quite protected and must be run on an activated computer that reads them. The DRM is not stripped out at all. That's more akin to ouputting my iTunes files to a CD or a cassette tape. But maybe not. So for now, I'm deleting the files and the program and will inquire of folks who know more about the legal aspects.
Perhaps, if he is promoting DRM, he ought to know a little bit more about the law that makes DRM viable for consumer goods. Hopefully, this will be a good learning experience. I hope that he will publish a posting giving his lawyer's take on the issue.

In related news, another good customer gets upset with faulty Adobe DRM (Open Letter to Adobe).

Let’s be clear about this. I’m not stealing your software.

But you’re treating me like a criminal. Twice in the past few weeks, I’ve had to talk to one of your activation support reps because your online activation system is broken. It has several times just decided that I’d activated enough, and was suspicious. Never mind that I was reinstalling on a brand new replacement computer. Never mind that on the first occasion this happened, there was no grace period, and the software simply would not run until I talked to a representative on the phone, who, by the way, are ONLY AVAILABLE DURING WEST COAST BUSINESS HOURS. [emphasis in original]

Read the whole thing.

via Darknet

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