more on More on Analog Hole Bill secret requirement

[David Farber <dave () farber net>]

Begin forwarded message:

From: Jonathan Zittrain <zittrain () law harvard edu>
Date: January 25, 2006 7:56:37 AM EST
To: dave () farber net
Subject: More on Analog Hole Bill secret requirement

Veeck v. SBCCI is a 5th Circuit case that speaks to this, <http:// 
caselaw.lp.findlaw.com/scripts/getcase.pl? 
court=5th&navby=case&no=9940632cv2&exact=1>. There a private  
organization, SBCCI, had some model building codes -- not secret, but  
under copyright and license agreement.  Two small towns in North  
Texas adopted the codes wholesale to be the law, and Veeck wanted to  
make them freely publicly available.  The bottom line:

"Our short answer is that as
law, the model codes enter the public domain and are not subject to
the copyright holder's exclusive prerogatives.  As model codes,
however, the organization's works retain their protected status."

Which bodes well for any fight against the VEIL standard.  (Of  
course, in the VEIL situation there may be differentiating if dubious  
claims that the standard can't work if it's secret, and the holding  
in Veeck applies only to the 5th Circuit.)  ...JZ

At EST 07:16 PM 1/24/2006, you wrote:
> From: Randall <rvh40 () insightbb com>
> Date: January 24, 2006 5:38:44 PM EST
> To: Dave <dave () farber net>, Dewayne Hendricks
> <dewayne () warpspeed com>, cyberia <CYBERIA-L () LISTSERV AOL COM>
> Subject: "Analog Hole" Bill to impose secret requirement?
>
> [First seen on the Telecom Digest]:
>
> http://htdaw.blogsource.com/post.mhtml?post_id=198659
>
> Monday January 23, 2006 by Ed Felten
>
> If you've been reading here lately, you know that I'm no fan of the
> Sensenbrenner/Conyers analog hole bill. The bill would require almost
> all analog video devices to implement two technologies called CGMS-A
> and VEIL. CGMS-A is reasonably well known, but the VEIL content
> protection technology is relatively new. I wanted to learn more about
> it.



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