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On Fri, 2004-06-11 at 12:45, Chris Bainbridge wrote: |
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> Actually the DMCA says: |
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> |
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> `(2) No person shall manufacture, import, offer to the public, provide, |
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> or otherwise traffic in any technology, product, service, device, component, |
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> or part thereof, that-- |
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> |
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> `(A) is primarily designed or produced for the purpose of circumventing |
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> a technological measure that effectively controls access to a work protected |
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> under this title; |
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We would be offering to the public the instructions on how to bypass the |
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technological measure that controls access to the Xbox BIOS. We would |
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absolutely be breaking part A. |
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|
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> `(B) has only limited commercially significant purpose or use other than |
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> to circumvent a technological measure that effectively controls access to a |
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> work protected under this title; or |
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Our documentation would be exactly this. It would have no purpose other |
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than to inform people on how to bypass Microsoft's access controls. |
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> `(C) is marketed by that person or another acting in concert with that |
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> person with that person's knowledge for use in circumventing a technological |
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> measure that effectively controls access to a work protected under this |
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> title. |
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Would we have the documentation on our servers? Is that not marketing |
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it? |
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> Neither the Cromwell bios or the linux kernel are primarily designed to allow |
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> piracy of xbox games. Xbox-linux has a significant purpose other than piracy. |
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> Both of these would have to be false for the DMCA to apply. |
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You are correct, which is why I never said anything about supplying the |
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ebuilds to facilitate an Xbox install, only the possibility of |
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documentation, which would be required for an "official" release. |
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> As for mirroring xbox-linux files, that is covered by title ii of the DMCA - |
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> "System caching", which states that anybody who mirrors something isn't |
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> liable unless they have received and ignored a take-down notification from |
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> the copyright owner. Again I fail to see how the DMCA applies to xbox-linux |
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> here. There has been no take-down notification, and no copyright owner has |
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> staked a claim to any of the IP in xbox-linux. |
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I never even said anything about not mirroring the files which were |
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created legally by members of the open source community. |
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> In contrast, can you provide a justification for media-libs/libdvdcss to be in |
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> gentoo, given that it actually decrypts copyrighted works (xbox-linux does |
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> not), and the DVD-CCA and MPAA have both complained about it? It appears to |
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> clearly violate your standards for being in gentoo. |
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I cannot give any justification because I have none. I did not add the |
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ebuild, nor do I maintain it. I would probably vote for its removal |
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from portage, rather than have the MPAA come after us, if someone were |
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to ask. However, that ebuild is not my responsibility. I *am* |
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responsible to the Release Engineering team, and think it is a good idea |
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for our works to not be something that could possibly land us in any |
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legal trouble. |
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|
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-- |
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Chris Gianelloni |
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Release Engineering QA Manager/Games Developer |
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Gentoo Linux |
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|
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Is your power animal a penguin? |
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