Mixed Ruling In Case Over Limitations On DMCA Anti-Circumvention Clause
from the will-have-to-wait-for-the-trial dept
John Stottlemire, who is being sued by Coupons.com in a case we've been covering, writes in himself to let us know that the court has ruled on various motions to dismiss (warning: pdf). If you don't recall, Coupons.com offers online coupons using some software. The software is designed to limit how many copies of a coupon each person can print, but Stottlemire figured out ways to easily get around that limit and both built a tool to do so, as well as explained how to do it manually -- at which point Coupons.com sued him for a DMCA violation, claiming he circumvented their anti-copying mechanism. The specifics of the case are pretty confusing, but basically Coupons.com is trying to stretch the DMCA beyond what it was intended for. The ruling dismisses some of Coupons.com's claims, while allows others to go forward.It's not a complete win, but the court did deny Coupons.com's attempt to blur the line between "rights-control" and "access-control" which is a good thing. However, on the issue of whether or not just explaining how to circumvent the copy protection by deleting some files is a DMCA violation, the court is allowing that issue to move forward at trial. So while this is a good partial win, we'll still have to wait and see what happens in the next stages of this case to determine whether or not Coupons.com can expand the DMCA.
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Filed Under: anti-circumvention, copyright, coupons, dmca
Companies: coupons.com
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small question, am i allowed to modify some1 else work (thats if its copyrighted of course)?
and if the answer to my last question was yes as long as it is for fair use, how can it be fair use if he is making money out of the modifications he made?
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Re:
"Wrong" is a relative word and has nothing to do with the law. The real question is who actually has control over software they have. The number of copies of the coupons is not really a big issue here.
small question, am i allowed to modify some1 else work (thats if its copyrighted of course)?
What do you mean by modify?
and if the answer to my last question was yes as long as it is for fair use, how can it be fair use if he is making money out of the modifications he made?
Fair use can still apply to money making operations: http://www.techdirt.com/articles/20060519/035207.shtml
Besides the guy in question isn't making the copies, he's just explaining how the software is weakly designed. Why should that be illegal?
That only encourages the company not to do a better job improving the design of their software.
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Mike thx for your reply.
I do like/see your points in post 3.
particularly "That only encourages the company not to do a better job improving the design of their software."
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Also, the DMCA requires that it be a "technological measure that effectively controls access."
I haven't read through the specifics of the case, but depending on how the access control is weak, Stotllemire's lawyers could argue that the measure was ineffective and therefore uprotected by the DMCA. Recent case law in the Lexmark case, the Agfa v. Adobe case, and the IMS case all reinforce the "effectiveness" requirement.
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I have...
If people are stupid enough to not wear... err... ehhmm... a Tank, should I be punished for just pulling the trigger ?
Seriously, if a person doesn't protect himself, and just assumes nobody will kill him in broad daylight (just because some law says so), is this the shooter's fault that the person got shot ?
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Re: I have...
Now let's make your really bad analogy a bit better.
If you tell someone how to use a sniper rifle is that illegal?
What about if you write a manual, or a piece of software that teaches you how to use a sniper rifle?
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Re: Re: I have...
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Bad example
So, lets amend it to hunting rifle. I own it and it is registered to me. I can shoot it at a rifle range, or on private property, or on public property with a permit (hunting licenses, etc.).
Problem comes when I aim it at a person's head. While I might feel morally justified to blow your head off for the crime of using horrible analogies, I would still be wrong since the act of shooting at idiots out of season is illegal.
As for comment 6. Writing a manual on how to do something is not illegal, as long as you're not encouraging people to do something illegal, like shooting idiots out of season.
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Re: Bad example
I'd like to both prepare for the hunt, and hide myself.
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Re: Bad example
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He didn't modify the program - he just deleted files from his hard disk.
Seems to me he might be in violation of the License Agreement - but not DMCA. Does DMCA control what files you are allowed and not allowed to have on your PC?
How are you going to 'enforce' that?
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An even better question in this case is whether it controls what files you are allowed to not have on your computer. And if it does... I'm not sure I could have hated the DMCA more, but that might do it.
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and if the answer to my last question was yes as long as it is for fair use, how can it be fair use if he is making money out of the modifications he made?"
The simple answer to #1's first question is yes, quotation and modification of copyrighted works is legal in order to create new works, under fair use. In answer to the second question, there is no rule under fair use that says that you can NOT make money out of fair use modification of other works. However NOT making money counts in your favor if you're trying to prove that what you did was fair use.
In this case, 1) removing files from your own computer should be found to be absolutely legal. 2) telling people about it should be found to be protected speech under the first amendment. 3) BUT, using this knowledge to print extra coupons should be considered fraud.
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Copies
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Re: Copies
No. I wish it was that simple!
Coupons.com is like a legitimate adware, rootkit, and possibly spybot all rolled into a happy user interface with a friendly name- Coupons.com. First, when you install the program, it sets up a Coupons.com system-specific printer.
While installation, it creates a system-specific unique identifier which is sent to Coupons.com to collect information on each coupon you print, and also confirm hardware settings such as system date/time and if your provided zipcode is in the same system-set timezone.
Next, Coupons.com software doesn't like the Windows Print API-- so they setup their own. Functionally speaking, they limit the quantity of prints you can specify to the printer.
Next, it tracks what coupons you print, so you can't re-download or re-print a coupon. It then prints a serialized barcode on the coupon based on your system ID. Should you be able to circumvent somehow the software, and acquire the same coupon twice, Coupons.com can and will deactivate your ability to print coupons.
Basically, DRM for printing coupons for 25-cent off frozen dinners. Yah! Real fun.
Pass on Coupons.com
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Companies like this need to stop worry so much about infringement and their "rights" and focus more on providing a good product for their customers. Of any group of people, there are always going to be those who don't want to follow whatever rules are set up.
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Frankly, no one cares if YOU print out an extra copy and go buy an extra can of peas. It is about RETAILER fraud. The retailer gets reimbursed the face value plus a handling fee. Without protection they could cheat, print out hundreds or thousands of extra coupons and turn them in for the cash.
That is also the point of the unique bar codes. If a cheating retailer made 100's of photocopies they would be detected and civil/criminal action could ensue.
If the security is compromosed then the brands would no longer participate and that's the end of the business.
THAT is why this is a big deal to them.
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