The DMCA requires use of DRM? [LWN.net]

This must be the strangest use of the DMCA yet: here's a press release from two companies called Media Rights Technologies and BlueBeat.com about the cease-and-desist letter they have sent to companies like Apple, Adobe, and Microsoft. It seems those companies are committing the crime of not using MRT's DRM products. "MRT asserts Apple, Microsoft, Real and Adobe have produced billions of these products without regard for the DMCA or the rights of American Intellectual Property owners, actively avoiding the use of MRT's technologies. Failure to comply with this demand could result in a federal court injunction to any of the above named parties to cease production or sale of their products and/or the imposition of statutory damages of at least $200 to $2500 for each product distributed or sold."

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Publicity stunt.

Posted May 11, 2007 15:15 UTC (Fri) by AJWM (guest, #15888) [Link]

It's an interesting publicity stunt for their product, but that's all it could be. If they were ever stupid enough to actually file suit, they'd be laughed out of court -- right after Microsoft, Apple, et al. countersued them for legal fees, etc.

It's like a lock company trying to sue somebody for not installing their brand of locks, because not doing so might invite theivery.

Publicity stunt.

Posted May 11, 2007 15:53 UTC (Fri) by lorien420 (guest, #44036) [Link]

I'm not so certain this would be laughed out of court. The DMCA already does this with Macrovision, so why can't these new guys ask for the same thing in audio?

Publicity stunt.

Posted May 11, 2007 16:09 UTC (Fri) by AJWM (guest, #15888) [Link]

For one thing, they have no standing to sue unless it's their copyrights that are being infringed. I don't know the details of the Macrovision thing you assert, but the Macrovision technology (ie the signal overdrive in the vertical blanking interval, Macrovision the company does other stuff too) has been around since the early days of videocassettes, predating DMCA by over a decade.

Publicity stunt.

Posted May 11, 2007 16:20 UTC (Fri) by bfields (subscriber, #19510) [Link]

The DMCA already does this with Macrovision

Yeah, well, because it actually inserted explicit language in the copyright code (skip down to "Certain Analog Devices and Certain Technological Measures").

And even then, it looks to me like it only requires that the certain hardware implement a certain DRM system, not that media producers actually take advantage of it.

why can't these new guys ask for the same thing in audio?

I assume they'd need to ask congress for that, not the courts.

Macrovision in DMCA

Posted May 12, 2007 11:16 UTC (Sat) by chel (guest, #11544) [Link]

I don't think they want anything as explicit as the Macrovison DMCA text (If you want to copy your VHS tapes use a DVD recorder, Camcorder input, or PC video capturing etc.) as such explicit texts don't last long with moving technology. Non explicit texts are just not acceptable for the market. Why should the manifacturer of the audio recorder I use to record my son cripple the device? That has been tried before DAT and DCC died partly because of that. Sony even invented a device that protected all audio recordings against copying. Not a good idea.

The DMCA requires use of DRM?

Posted May 12, 2007 21:19 UTC (Sat) by bluefoxicy (guest, #25366) [Link]

I'd probably tell Legal to print, on Legal sized paper, landscaped, as big as possible, a response. "F*@% YOU"

I predict that any attempted action will result in the target company pulling this parasite into court; telling the judge they want to countersue for malicious lawsuit; and permanently disabling MRT's ability to use lawsuits. Forever. Once accused of malicious lawsuits, you're considered to have abused your right to the legal system, and no longer can file any civil claim; at least, this is my understanding.

The DMCA requires use of DRM?

Posted May 13, 2007 12:46 UTC (Sun) by farnz (guest, #17727) [Link]

Couple of nitpicks:

Firstly, it's not enough to have been accused of misusing the court system; you have to be found guilty, too. Otherwise, this would be a great way for people to escape being sued.

Secondly, you're not unable to start a civil or criminal suit after being found guilty; instead, you must first take your lawsuit before a judge, and obtain permission to launch a lawsuit. You can't just sue like everyone else can.