RE: Clarification (RE: "Fair Use" Is Getting Unfair Treatment)

["Edward Spodick, HKUST Library, 2358-6743" <lbspodic@ust.hk>]

At 3:31 PM -0400 5/28/02 [their time], Michael Spinella responded to Chuck:
>I may be behind on my reading, but I believe your argument below asserts
>(or implies) two matters of fact that I at least haven't seen written
>anywhere. You imply:
>
>1) that someone somewhere has been put in jail for using the magic marker
>trick to defeat encryption for no more sinister purpose than what would
>have, in print, been considered a fair use of the protected content; and

I doubt it - it may be illegal technically, but I would not swear to even
that.

>2) that sometimes cds one has purchased are designed not to play on some
>types of cd players.
>
>Are either of these assertions in fact true? I'd like to know more about
>them if this is the case.

The second is very definitely true.  I think is not that they are designed
not to play on some players, but that they are designed to only play on
players with certain features/capabilities.  Philips argues that these
discs should not carry the standard audio CD logo, as they do not meet the
required specifications.  Apple computer states on their technical support
web site that any repairs required by using these discs will not be
covered under their warranty (apparently some models are unable to eject
the discs, and then are unable to boot up until the unit is dismantled and
the cd removed - older models can get the disc out with a paperclip).

- - - - -
Edward F Spodick, Information Technology Manager
Hong Kong University of Science & Technology Library
lbspodic@ust.hk  tel:852-2358-6743 fax:852-2358-1043