IP: [C-FIT_Community] Shrinkwrap CDs: You May ONLY play our CD using OUR player

[David Farber <dave () farber net>]

> From: Richard Forno <rforno () infowarrior org>
> To: <farber () cis upenn edu>
>
>
> My reply to a message posted to C-FIT COMMUNITY
>
> In reference to   http://www.musichelponline.com/legal/
>
> ----------
> I'll be damned if I' buy any CDs.......on principle, let alone for this copy
> protection scheme.  Which I haven't purchased any in about 2 years, and no,
> I'm not a file-trader.
>
> A few comments between excerpts of the 'license'......and yes, I am in a
> MOOD tonight......
>
>
> > DESCRIPTION OF PLAYER AND CONTENT
> >
> > The compact disc you are using contains copy protection
> > technology. When you use the compact disc in a conventional
> > CD player, it operates like any other CD. When you use the
> > compact disc in a CD ROM drive, the technology launches an
> > audio player (the "Player"), and plays compressed audio
> > files (the "Content").
>
> At least they tell you what happens. Wonder how long it'll be before folks
> get pissed they can't use anything but RIAA- or Microsoft-endorsed and
> approved players.
>
> >
> > Responsibilities. You are responsible for all use of the
> > Player and the Content on the CD you have purchased. You may
> > only use the Player and Content pursuant to these terms and
> > conditions.
>
> I guess that means listening to the CD while exceeding the speed limit in my
> vehicle is a violation?
>
> > You may not authorize, encourage or allow the Player or any
> > Content to be reproduced, modified, displayed, distributed
> > or otherwise used by any other party, and you agree that you
> > will take all reasonable steps to prevent any unauthorized
> > reproduction and/or use of them. Nothing herein is intended
> > to prevent you from transferring the CD you purchased to
> > another person who will be bound by these terms and
> > conditions. Except as expressly provided herein, no other
> > licenses or rights (including rights to maintenance or
> > updates) are granted, expressly, or by implication or
> > estoppel.
>
> Hrmm.....how are they going to enforce the "encourage" part. Do they have a
> contract with the Thought Police?
>
> > No Reverse Engineering. You may not attempt (or authorize,
> > encourage or support others' attempts) to circumvent,
> > reverse engineer, decrypt, break or otherwise alter or
> > interfere with the Player, the operation of it, or Content.
>
> Again.....Thought Police??
> >
> > MAINTENANCE AND UPDATES
> >
> > We do not provide maintenance or updates for the Player or
> > Content.
>
> So if the Content is no longer playable on the Player because the OS
> upgraded, collapsed, or whatever, you're screwed. Or, if the Player is
> upgraded and no longer plays the Content you purchased, you've got to buy it
> all over again.
>
> >
> > INTELLECTUAL PROPERTY RIGHTS
> >
> > author of it. The Player includes technology of EverAd Inc.,
> > Midbar Tech Ltd., and QDesign Corp.; you may use it solely
>
> If I purchase such a CD, I'm going to be subjected to advertising from
> EverAd?? That's like having your cake and eating it too. But then again,
> Hollywood's cartels (RIAA and MPAA) are greedy.....smallpox is a nicer thing
> than those clowns.
>
> > U.S. GOVERNMENT RIGHTS
> > The Player is "commercial computer software" or "commercial
> > computer software documentation."
>
> And thus DMCA-compliant.
>
> > INDEMNITY
> >
> > You agree to indemnify and hold harmless us and our agents,
> > employees, representatives, licensors, affiliates, parents
> > and subsidiaries from and against any and all claims,
> > losses, demands, causes of action and judgments (including
> > attorneys' fees and court costs) (collectively "Claims")
> > arising from or concerning your use of the Player or Content
> > and to reimburse them on demand for any losses, costs or
> > expenses they incur as a result of any Claims.
>
> So if our player crashes your system when playing a Brittny Spears CD, you
> can't hold us [company] responsible. Further, if our copy protection scheme
> - which we may not have remembered to tell you about here - happens to blow
> your speakers or delete files or create security / stability problems on
> your system, you can simply go to hell. How very convienient for them.
>
> > TERM AND TERMINATION
> >
> > The term of this agreement shall be for so long as we and/or
> > our licensors own any intellectual property rights in the
> > Player or Content. You may terminate this agreement at any
> > time by returning to us the CD you purchased.
>
> Oh, REALLY? So we all go out, rip the CD in one way or other (line-out is
> fine for most folks, including me) and bring it back. Funny, they make no
> statement about if we terminate the agreement, whether or not we get our
> money back......again, how very convienient for them.
>
> > DISCLAIMERS
> >
> > You understand and agree that your use of the Player and
> > Content is at your own sole risk. THE PLAYER AND CONTENT ARE
> > PROVIDED "AS IS" AND WITHOUT WARRANTY BY US OR OUR AGENTS,
> <snip>
> > ANY DAMAGES THAT RESULT FROM YOU USING THE PLAYER OR
> > CONTENT, INCLUDING BUT NOT LIMITED TO ANY INFECTIONS OR
> > CONTAMINATIONS OF YOUR COMPUTER OR DAMAGE TO ANY SOFTWARE OR
> > SYSTEMS YOU USE TO ACCESS THE SAME THAT MAY RESULT FROM THAT
> > USE.
>
> As I said earlier - use of these Crap-CDs means you're screwed.
>
> On so many levels....
>
>
> My 2 cents. I'm in a mood tonight.
>
>
> rick
> infowarrior.org

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