Quote:
Originally Posted by Kevin-SFBucks
I'm not going to argue your whole post, even though I think your logic is flawed, but I will have you elaborate on this part.
So you are saying.... that if I sell you a 30 day membership to my site, but you download my videos and photos, that you can share that content with other members at your discretion, because it's inferred that I have given you the right to do so, yes?
Buuuuuuuutttttt.... if I encode those videos with DRM, hence putting a lock on them, I have now respectfully told you to fuck off and you only have rights until your membership expires, right? How is this any different than just saying to members, you only have access to this file as a member, and you cannot distribute it. Wouldn't DRM under your example be a violation of your fair use rights as you claim them? Wouldn't I be violating your ability to view ad infinitum? Would you then have a right to break my DRM or rip the video that is protected by DRM to another format and distribute it at will?
It's very strange that you are saying DRM is ok in one instance, but that in another I can't TOS someone's rights away. They are the same thing. DRM was enacted to keep people from stealing or distributing because nothing else was working.
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TOS and DRM are not the exact same thing.
When i DRM content so it can not be played on another machine (for example) the content does not have the ability to play on the machine.
There is no possible way i can believe i had a right to play it on another machine because the content will not work on another machine.
The desenting opinion in the Betamax case recognize the technological removal of said right.
It also makes sense on a logical basis, if the file is DRM encoded in this way, and you mislead me to believe i had greater rights during your sales pitch then refute the charges and get my money back. I have to agree to the limited rights Undeniable (remember you are not getting signed contracts to establish the transfer of rights)
The scope of the content in and of itself is restricted by DRM that the point and under that situation you can override fair use rights. The key is you are taking away rights
before Section 106 of the act is even considered or applied.
When you TOS away right that is exactly what you are doing, your giving me an unrestricted right and then trying to take away rights with a TOS by using the exclusive rights granted by section 106. The problem you have to respect all of the exemptions including fair use if you want to use those exclusive rights, which in turn limits what rights you can and can not take away.