Re: IP: ReplayTV lawsuit followup

[David Farber <dfarber () earthlink net>]

-----Original Message-----
From: Jordan Pollack <pollack () thinmail com>
Date: Wed, 13 Feb 2002 07:35:55 
To: farber () cis upenn edu ml to
Subject: Re: IP: ReplayTV lawsuit followup

Dave,

The Betamax case (home recording act) was also an affirmation of first amendment free speech rights, the right to 
receive radio signals. (Perhaps we are lucky SONY was more interested in selling machines than its Columbia content:)

We have no such constitutional right to receive private cable signals; jacking into your neighborhood's or apartment's 
cable is a crime known as theft of services. And except for the local broadcast channels carried by cable, you may not 
have timeshifting rights unless specifically written into your cable contract.

Selling a legal collection of Star Trek tapes  has always been illegal, even though it seems like the same act as 
selling a collection of magazine issues.

The satellite industry has worked hard to make receiving/decrypting of satellite tv signals into an extension of cable 
tv case law. Subtly, if you jack into your apartment building's satellite cable, you are stealing services. If you set 
up your own dish, radio receiver and signal interpreter, you are legal.

The DCMA will protect wired subscription services but won't stand against receiving wireless radio content. However, 
selling decoders whose primary purpose is "freeing" subscription content will be contributory infringement.

Two areas which wedge against our first amendment freedom to listen to spectrum are: police radar detector laws passed 
in several states, and cellphone privacy laws, eg following the time Newt Gingrich's cellphone conversations were 
revealed.

And, as the first embarrasing and business-impacting 802.11 intercept events become news, pressure against the first 
amendment will increase, so its important to recognize the difference between right to receive and theft of services.

Cheers,
Jordan
Jordan Pollack

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