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.
Coming after improvements to Firefox and continued unease at Google’s life-pervading insight, this image is outperforming the ███████ ████ Virality Control Group today (via). It got me thinking about all the promises that were made. Here’s the earliest article in Google News to contain “Big browser” in its headline, published by Time Magazine on Nov. […]
The WiFi232 is a traditional old-timey old-schooley Hayes-compatible 300-115200 baud modem, no wider than its own parallel DB25 port. Automatically responds with a customizable busy message when already in a call. The killer app seems to be using it to get internet onto ancient retro portables like the TRS-80 Model 102, but it’s been put […]
Most tech-media takes on the iPhone’s 10th anniversary are bland and self-congratulatory, but I like Tom Warren’s at The Verge. He laments how Apple’s pocket computer killed his inner nerd. As a youngster, he’d be constantly tearing down and building computers, even in the sweltering heat of summer. But now… …All of that tinkering and […]
Just because English has become the common global tongue doesn’t mean it’s the easiest language to write—even for native speakers. If you’re looking to improve your written communication skills, especially on your smartphone, take a look at Ginger Page.Ginger is a cross-platform app that offers corrections for phrasing as well as grammar. It’s powered by […]
The current web development landscape is rife with buzzwords and technology that gets abandoned almost as soon as it’s made. If you’ve never written a line of code before, it can be hard to figure out what’s coming, what’s here to stay, or how to get ahead.This Beginner Web Development Bundle is a great place […]
The Fader Stealth Quadcopter from TRNDlabs packs incredible flight performance into a package small enough to land on your phone screen, and it’s available now in the Boing Boing Store.The Fader’s six-axis gyroscope module gives it perfect balance in the air. This makes the onboard 720p HD camera all the better for shooting amazing flight […]