[mythtv-users] Cam emulators and myth?
linux at thehobsons.co.uk
Wed Sep 22 11:58:44 UTC 2010
Brian J. Murrell wrote:
> > Since there are effectively no penalties for making false takedown
>> requests, it's a nice way for people to cripple sites they disapprove
>Not true. A false take-down notice is perjury and a violation of the
>DMCA and subject to penalties.
But has a penalty actually ever been applied ? From various comments
I've seen on a number of boards/lists, it would appear that takedown
notices are abused, hosting companies/ISPs are taking down and asking
questions later (to avoid the risk of penalties for being seen to be
too slow to take down), and false notices never result in any
penalties. I could be wrong, but I've never seen anything that
> > Thus, discussion of using a CAM module (or equivalent) is off-limits
>> because under the DMCA discussion of such is illegal - or at least is
>> likely to be.
>I'm not sure what discussion exactly you are referring to, but how does
>the DMCA cover legitimate use? TBH, I barely have a passing
>understanding of CAMs, but is *all* use of CAMs illegal? Are they made
>exclusively to violate content protections or are there legitimate uses
>for them in conjunction with MythTV?
DMCA covers the discussion of any activity to bypass technical
protection measures (TPMs) - but see below ...
>> card/whatever restricts the use to approved equipment
>To be sure, IANAL, but I don't think the DMCA can be used to enforce a
If you aren't authorised then bypassing a TPM is a criminal activity
under DMCA. Therefore, if the ToS says you can't then it is illegal
to do so - thus a purely civil contractual matter now becomes a
matter of criminal law !
> > But
>> it doesn't have to actually be illegal - just the fact that it
>> **could** be is enough for someone to get the servers shutdown with a
>> DMCA takedown notice.
>Which of course is wrong and subject to a counter-notice and potential
The practicality is that your list goes offline with no notice, the
owner of the list then has to demonstrate that the takedown notice is
false, and some time (days ? weeks ?) later your list gets
re-instated. Those responsible for the list get all the hassles -
both in dealing with the false takedown notice, and with
puzzled/confused/angry? users wondering where the list went.
Get penalties/compensation imposed ? More hassles and an individual
going up against corporations with deep pockets - and no guarantee of
success or getting your costs back.
I can fully understand why those running the list would want to just
stay well clear of that. And the topic has been debated to death
before on this list.
Now straying even more off-topic ...
Yes, it's a bad law, and people need to stand up and bend the ears of
those that are supposed to represent them. But the "creative
industries" have deep pockets and well connected lobbyists. As usual
- follow the money !
From the point of view of those with a craving for power and control,
such laws are wonderful. The grey areas are so broad that people tend
to stay well away from even legal matters because they want to be
reasonably certain of staying on the right side of the law. Draft
your laws well and you can pass them on the need to deal with the
extremes, but chill activities far beyond those the law was written
Our (thankfully now ex) Labour government was a master at that -
there are so many areas of life that are now in the "it depends on
how you interpret it" grey areas that no-one knows just where they
stand. Not to mention that many of these restrictive laws were passed
by parliament to deal with extremes, but extended by ministerial
diktat to cover things that were never ever addresses in parliament
other than to say they would never come under the law. And since we
now have measures that effectively mean "when you are proved
innocent, we'll still treat you as guilty in case you re-offend".
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