The Federal Circuit Court of Appeals has brought down a verdict in the "Skylink" case. That's a DMCA case whereing a garage-door-opener company asserted that another company, which makes interoperable clickers (in case you lose yours or want a spare for your spouse) violated the DMCA by circumventing the protection on the copyrighted software in the garage-door-opener. Yeah, you read right. Copyrighted garage-door-openers.
Anyway, the court delivered the clearest and most ringing condemnation of the overbroad application of the DMCA yet:
The DMCA does not create a new property right for copyright owners. Nor, for that matter, does it divest the public of the property rights that the Copyright Act has long granted to the public. The anticircumvention and anti-trafficking provisions of the DMCA create new grounds of liability. A copyright owner seeking to impose liability on an accused circumventor must demonstrate a reasonable relationship between the circumvention at issue and a use relating to a property right for which the Copyright Act permits the copyright owner to withhold authorization-as well as notice that authorization was withheld. A copyright owner seeking to impose liability on an accused trafficker must demonstrate that the trafficker's device enables either copyright infringement or a prohibited circumvention. Here, the District Court correctly ruled that Chamberlain pled no connection between unauthorized use of its copyrighted software and Skylink's accused transmitter. This connection is critical to sustaining a cause of action under the DMCA. We therefore affirm the District Court's summary judgment in favor of Skylink.
Where are our petabyte drives? Brian Hayes takes us through the reasons storage is “stuck” in the low terabytes. The tl;dr is that we got such exceptional capacity growth in the late 90s and early 00s we don’t need much more right now, so the focus since then has been on SSDs, networking, interfaces, etc, […]
Amélie Lamont, a former staffer at website-hosting startup Squarespace, writes that she often found herself disregarded and disrespected by her colleagues. One comment in particular, though, set her reeling — and came to exemplify her experiences there.
In this episode of the Flash Forward podcast we travel to a future where humans have decided to eradicate the most dangerous animal on the planet: mosquitos. How would we do it? Is it even possible? And what are the consequences? Flash Forward: RSS | iTunes | Twitter | Facebook | Web | Patreon We […]
If you want a quality vaping experience, it’s usually going to cost you. Vaporizers that deliver a fast, controlled burn will set you back up to $300, which is why the FEZ Vaporizer (now just $99) is an absolute steal.The FEZ dry herb pen does everything that more expensive models handle at a reduced price. It heats up […]
Taking pictures can be challenging. There are a million factors that can influence each shot you take – and unless you’re a trained photographer, you often just focus, click…and cross your fingers.Of course, you can take some of the ambiguity out of your picture-taking with this Hollywood Art Institute Photography Course & Certification package, now […]
Experienced shutterbugs with DSLR cameras have boatloads of lens options for capturing the moment. Unfortunately, smartphone photographers often get stuck with their one crummy lens, which means limited zoom and focus for their final image.Step up your smartphone’s photographic power with the Acesori 5-Piece Smartphone Camera Lens Kit, now just $9.99 in the Boing Boing Store.Magnetic rings easily […]