[linux-elitists] Testify at NTIA hearings about DMCA!

kmself@ix.netcom.com kmself@ix.netcom.com
Sun Nov 26 22:11:09 PST 2000


on Sun, Nov 26, 2000 at 07:49:33PM -0800, Mr . Bad (mr.bad@pigdog.org) wrote:
> >>>>> "k" == kmself  <kmself@ix.netcom.com> writes:
> 
>     k> The instructions in an interpreted program are eventually
>     k> translated to commands run by the processor.  There will be a
>     k> correspondence, however indirect.  Data, however, resides only
>     k> in memory, it isn't acted on directly.

> I'm saying that some things that are clearly a program -- say, a Java
> class -- are not actually stored as machine code bytes, but as
> data interpreted by another processor.

Content, stored however, which results in execution of machine
instructions, is a program.  Content, stored however, which doesn't,
isn't.  I don't care if you're talking assembler, C, Java, or bash
script.  They're programs.

> One more step... multimedia programs, like CD-ROM games from the early
> 90s. There are parts that are passive data (like images), but a lot of
> the thingy is program. I'd guess that "The 7th Guest" would count as a
> program. Flash games? They sure look like programs to me.

It's easier than this.  There have been programs with expressive content
since text-based MUDs in the 1980s and earlier.  The expressive content
is data.  The functional content is code.  DVDs are a matter of scale,
not fundamental distinction.  The 117 provisions might apply to the
programmatic content of the disk, but quite probably not its data,
particularly if they're clearly distinguishable.

More to the point, it's the 512 provisions which are concerned with
anticircumvention.  You do raise the interesting possibility of one
section of copyright law proscribing rights guaranteed by another.

-- 
Karsten M. Self <kmself@ix.netcom.com>     http://www.netcom.com/~kmself
 Evangelist, Zelerate, Inc.                      http://www.zelerate.org
  What part of "Gestalt" don't you understand?      There is no K5 cabal
   http://gestalt-system.sourceforge.net/        http://www.kuro5hin.org
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