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Originally Posted by gideongallery
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.
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Nice, but you know the dissenting opinion doesnt' mean shit.. it's just an opinion
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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.
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You are still making no sense, rather you are just talking semantics. DRM is a physical restriction placed on a file. If fair use is what you say it is, then you have all the rights you claim, including time-shifting, and from what I have read, the potential to format shift (which is still being argued.) Also, how can you claim that I can override Fair Use? I thought in your mind it is an undeniable right that is more powerful than copyright law itself?? Just by using DRM I can tell people that they have no fair use right to my content? So if someone circumvents my DRM would they then have created an infringement?
A member must agree to my TOS before entering my site. It is part of the contract when signing up. You agree to adhere to these Terms and Conditions.
Just because I don't put a physical limitation on the file doesn't change the fact that I am retaining my rights. You cannot say that DRM is a clear definition of saying here are your limitations, but the contractual arrangement of TOS and T&C is not. That is a complete contradiction.