On Tuesday 03 October 2006 02:56, Tim Schmidt wrote:
On 10/2/06, Marcus Meissner marcus@jet.franken.de wrote:
We can't, this kind of circumvention is likely to be illegal in the US.
The relevant portion of the DMCA reads as follows: (http://thomas.loc.gov/cgi-bin/query/F?c105:6:./temp/~c105bzNC4v:e11559:)
`(2) No person shall manufacture, import, offer to the public,provide, or otherwise traffic in any technology, product, service, device, component, or part thereof, that--
`(A) is primarily designed or produced for the purpose ofcircumventing a technological measure that effectively controls access to a work protected under this title;
`(B) has only limited commercially significant purpose oruse other than to circumvent a technological measure that effectively controls access to a work protected under this title; or
`(C) is marketed by that person or another acting inconcert with that person with that person's knowledge for use in circumventing a technological measure that effectively controls access to a work protected under this title.
I believe we don't match A, B, or C. Further,
`(f) REVERSE ENGINEERING- (1) Notwithstanding the provisions ofsubsection (a)(1)(A), a person who has lawfully obtained the right to use a copy of a computer program may circumvent a technological measure that effectively controls access to a particular portion of that program for the sole purpose of identifying and analyzing those elements of the program that are necessary to achieve interoperability of an independently created computer program with other programs, and that have not previously been readily available to the person engaging in the circumvention, to the extent any such acts of identification and analysis do not constitute infringement under this title.
`(2) Notwithstanding the provisions of subsections (a)(2) and(b), a person may develop and employ technological means to circumvent a technological measure, or to circumvent protection afforded by a technological measure, in order to enable the identification and analysis under paragraph (1), or for the purpose of enabling interoperability of an independently created computer program with other programs, if such means are necessary to achieve such interoperability, to the extent that doing so does not constitute infringement under this title.
`(3) The information acquired through the acts permitted underparagraph (1), and the means permitted under paragraph (2), may be made available to others if the person referred to in paragraph (1) or (2), as the case may be, provides such information or means solely for the purpose of enabling interoperability of an independently created computer program with other programs, and to the extent that doing so does not constitute infringement under this title or violate applicable law other than this section.
Appears to grant specific permission for the kinds of work the Wine devs need to do.
--tim
Part 3 Applies, however it could be read as being permissible for the purpose of implementing a compatible interface. IE for the purpose of making the copy protection work under Wine. I think it would be much safer to make the protection work from a circumvention point of view.
Bob