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	<title>Comments on: Cato Releases Report on P2P and DRM</title>
	<atom:link href="http://blogs.law.harvard.edu/cmusings/2005/02/14/cato-releases-report-on-p2p-and-drm/feed/" rel="self" type="application/rss+xml" />
	<link>http://blogs.law.harvard.edu/cmusings/2005/02/14/cato-releases-report-on-p2p-and-drm/</link>
	<description>by Derek Slater</description>
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		<title>By: Surfing The Apocalypse</title>
		<link>http://blogs.law.harvard.edu/cmusings/2005/02/14/cato-releases-report-on-p2p-and-drm/comment-page-1/#comment-4050</link>
		<dc:creator>Surfing The Apocalypse</dc:creator>
		<pubDate>Thu, 01 Sep 2005 11:27:41 +0000</pubDate>
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		<description>&lt;a&gt;&lt;/a&gt;

Big Wave Surfing</description>
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<p>Big Wave Surfing</p>
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		<title>By: Bill Rosenblatt</title>
		<link>http://blogs.law.harvard.edu/cmusings/2005/02/14/cato-releases-report-on-p2p-and-drm/comment-page-1/#comment-3915</link>
		<dc:creator>Bill Rosenblatt</dc:creator>
		<pubDate>Thu, 17 Feb 2005 21:57:17 +0000</pubDate>
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		<description>&lt;a&gt;&lt;/a&gt;

Thanks for the comments on our whitepaper.  Perhaps we didn&#039;t make it clear, and perhaps I speak only for myself and not for my colleague Michael Einhorn, but for the record:

- I&#039;m not in favor of Grokster being reversed.  &quot;May&quot; means &quot;could,&quot; not &quot;should.&quot;  Actually, what I&#039;m really not in favor of is the Betamax standard being revoked.  

- I&#039;m also not a fan of DMCA (anticircumvention) as it currently stands.  The primary problem I have with it, which is a bit different from the problems more usually cited, is that it shields technology vendors from the responsibility of creating technology that actually works.  Technologists (of which I consider myself one; at least I have two degrees in computer science) should be free to innovate, but they should also not have legal crutches that absolve them from that responsibility.  I would love to see someone sued for cracking a truly lame copy protection scheme (e.g., SunnComm&#039;s CD copy protection which could be overridden by hitting the Shift key while inserting the CD in the PC&#039;s drive) and the judge throw the case out on the basis that the copy protection scheme is not &quot;effective.&quot;</description>
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<p>Thanks for the comments on our whitepaper.  Perhaps we didn&#8217;t make it clear, and perhaps I speak only for myself and not for my colleague Michael Einhorn, but for the record:</p>
<p>- I&#8217;m not in favor of Grokster being reversed.  &#8220;May&#8221; means &#8220;could,&#8221; not &#8220;should.&#8221;  Actually, what I&#8217;m really not in favor of is the Betamax standard being revoked.  </p>
<p>- I&#8217;m also not a fan of DMCA (anticircumvention) as it currently stands.  The primary problem I have with it, which is a bit different from the problems more usually cited, is that it shields technology vendors from the responsibility of creating technology that actually works.  Technologists (of which I consider myself one; at least I have two degrees in computer science) should be free to innovate, but they should also not have legal crutches that absolve them from that responsibility.  I would love to see someone sued for cracking a truly lame copy protection scheme (e.g., SunnComm&#8217;s CD copy protection which could be overridden by hitting the Shift key while inserting the CD in the PC&#8217;s drive) and the judge throw the case out on the basis that the copy protection scheme is not &#8220;effective.&#8221;</p>
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