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Ernest Miller Ernest Miller pursues research and writing on cyberlaw, intellectual property, and First Amendment issues. Mr. Miller attended the U.S. Naval Academy before attending Yale Law School, where he was president and co-founder of the Law and Technology Society, and founded the technology law and policy news site LawMeme. He is a fellow of the Information Society Project at Yale Law School. Ernest Miller's blog postings can also be found @
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« Report: Extensive Internet Censorship in Iran | Main | More Details on Latest CD DRM »

June 21, 2005

DRM Proponent Fed Up With DRM - Violates DMCA

Posted by Ernest Miller

Michael Gartenberg, Jupiter Research analyst and DRM-proponent, has grown fed up with Microsoft Reader's ebook DRM and taken his rights into his own hands (MS Reader DRM Issues Solved... Permanently).

While I'm still waiting for MSFT support to help me get back into the content I purchased for MS Reader (so far two emails and a rather fun 45 minute session with MS Tech support by phone, which is totally clueless about Reader. I was sent to Office support, Windows Activation and even though I kept telling them that there's no product activation code for Windows, my words fell on deaf ears). I finally took matters into my own hands. With a little help from a lovely free program called Amber LIT conversion, I was able to take all my MSFT .lit files and convert them to unprotected .PDF files for Tablet viewing and Word files that converted easily to eReader format. Took about a minute for each book. The program works with protected .LIT files but needs to be run on a machine with an activated and valid MS Reader. Since my old computer did have Reader on it, the process was a snap. This doesn't excuse MSFT. While DRM is a necessary evil, the notion of not being able to de-activate an older machine with a limited number of installs is user hostile at worst. Good case study for firms on HOW NOT TO IMPLEMENT DRM solutions. [link, ALL CAPS in original]
Despite the fact that the Gartenberg ran his program on files he legitimately purchased and the program requires an activated and valid MS Reader to run, this still sounds like a blatant violation of the anti-circumvention provisions of the DMCA, 17 USC 1201.

It appears as if Gartenberg BROKE THE LAW! If we were to ask Jack Valenti, I'm sure he would say that Gartenberg is a THIEF!

The company that made and distributes the software Gartenberg used appear to be a BUNCH OF DISGUSTING HACKER PIRATES!

Or, perhaps, this is a good case study for governments on HOW NOT TO IMPLEMENT ANTI-CIRCUMVENTION laws.

Comments (6) + TrackBacks (0) | Category: Digital Millennium Copyright Act | Digital Rights Management


COMMENTS

1. Tim Howland on June 21, 2005 09:49 PM writes...

Since Jupiter Research is publishing the explicit directions on how to crack Microsoft's DRM on the internet, aren't they (and you...) also violating the DMCA?

Permalink to Comment

2. Ernest Miller on June 21, 2005 10:41 PM writes...

Well, they're not actually explicit directions. You'd have to go to the website, figure out what to download, download it and follow the instructions for using the software. So I probably don't have to worry about the DMCA.

Permalink to Comment

3. Zeke Jones on June 23, 2005 09:37 AM writes...

What would your solution be for Mr. Gartenberg? If he can't access the content which he purchased legally and the company from which he purchasd it can not help him, what are his options?

Permalink to Comment

4. Ernest Miller on June 23, 2005 09:48 AM writes...

He could fight to get HR 1201, which would remedy many of the problems (not all) of the DMCA.

Permalink to Comment

5. John Freer on June 23, 2005 11:16 AM writes...

Stop the madness, there is a bill in the house, HR 1201 that would make this legal. I suggest going here to send a message to your representative:
https://secure.eff.org/site/Advocacy?page=UserAction&cmd=display&id=115

Or better yet, if you feel strongly about this, then a personal e-mail might be more effective than the mass one provided through the EFF (great organization by the way.) If you go to http://www.house.gov/ there is a representative finder at the top of the page based on zip code. From there you can go the their website and send them a personal message. Make sure to provide your name and address so they can verify that you are a constituent.

Of course using the EFF site is certainly better than procrastinating.

Permalink to Comment

6. celle on June 23, 2005 12:48 PM writes...

How about repealing the DMCA? Anyone thought of that?

Permalink to Comment


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