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.
The office I work in is full of things old people buy to make themselves feel young again. I can honestly say that our awesome new toy, The Swagtron T3 Hoverboard, makes me feel very, very old. I’ll explain why later. Swagtron T3 Pros There’s no way to overcharge the battery and that means no […]
One thing that’s consistent among amateur pool players is that they unknowingly stand up during their shots. Just as in golf, pool players need to keep their heads down and stay still after they shoot in order to hit straight. The DIGICUE helps keep shots consistent by letting you know every time you’ve had extra […]
A leaked memo from Apple CEO Tim Cook to his staff explaining why he met with Donald Trump — a guy who called Apple traitors for refusing to defeat their own security — explains the rationale: “tax reform.”
You know as well as I that writing complex, long-long form text requires significant organization. You’re probably also well aware that Word just isn’t up to the task. That’s why I’m a huge fan of Scrivener, the software suite used by best-selling authors and technical writers alike.Scrivener is much more than another digital typewriter. With a […]
Looking to upgrade your weekend? Here are three randomly awesome products on my mind this week.#3 FRESHeBUDS Pro Magnetic Bluetooth EarbudsAs more and more phones and gadgets switch to Bluetooth-only compatibility, you’ll need to get Bluetooth headphones like the rest of us. I’ve been super impressed with these affordable magnetic headphones. Pull the magnetic earbuds apart to auto-connect […]
Traditional folding wallets are designed for paper bills—but these days, carrying cash is rarely a necessity. More often than not, I don’t carry cash at all. This Bogui Clik Wallet is the best answer I’ve found for avoiding the hassle of those tight-fitting credit card pockets.This attractive, minimalist wallet features a protective lip, so my cards don’t […]