HDCP break and DMCA

[Ken Brown]

Tim May wrote:
> 
> On Sunday, November 25, 2001, at 06:51 PM, F. Marc de Piolenc wrote:
> 
> > Tim May wrote:
> >>
> >> There were signs up about not violating copyright law, but these
> >> professor packs were in clear violation.
> >
> > Really? Sounds to me like they fall under "Fair Use." That provision
> > specifically exempts copying for research or education.
> 
> I strongly doubt this. "Fair use" is not about setting up alternate
> publishing schemes, but is about quoting relevant sections, collecting
> material for research purposes, etc.
> 
> If it were as broad as you claim, why would _any_ school buy textbooks
> for its students when it could make a photocopy for a fraction of the
> cost? Schools could simply digitize textbooks once and then distribute
> them on CD-ROM.
> 
> I'm not a copyright expert, but I strongly doubt what you say above.

AFAIK the US case law is the "Texaco principle" (maybe that is what a
previous poster meant...) which allows you to make copies for personal
educational or research purposes, but not as part of a profession or
business. IIRC scientists at Texaco made copies of a chemistry journal
and the company lost a case when the publishers sued them. 

I think it is the case that the student is allowed, under "fair use" to
make one copy of a small part of a journal for their own education and
research. It is possible that the teacher is allowed to make copies &
give them to the students (though not to sell them). But it is almost
certainly not allowed for a company to make such a packet as part of its
business. (The law seems to imply that education is not a business or
profession, which I have no problem  with, though I guess many
cypherpunks might).

As ever, AINAL & if I was I wouldn't be an American one. (Though I was
working for Texaco at the time of the court case & I now work in a
(British) university where we have to deal with similar copyright law as
it exists here)

Ken Brown