Originally Posted by
PixelFox
So here's an example of how fucked up copyright law can be.
In the computer industry there is conflict between the companies who make computer systems (generally the big server variety) and 3rd-party maintenance companies who would like to sell you a service contract to maintain and repair that hardware for less money than the manufacturer wants to charge for the same services.
Each time you power-up a computer, it copies (you can see where this is going) the operating system from disk into memory. It turns out that the server manufacturers were able to successfully claim that this operation is "making a copy" under copyright law, and thus the manufacturer had the right to control each and every "copy" that was made. The manufacturer could decide whether to permit or deny each operation of their software, so they could allow the customer to turn on the computer, but not a 3rd-party maintenance engineer.
Under this same logic, any device that includes software, and any software covered by copyright, can be absolutely controlled by the owner of the copyright based on this crazy idea that simply executing the software involves a making a new copy under copyright law.
Eventually a law was passed with a specific exclusion that stated 3rd-party maintenance engineers must be permitted to operate the equipment they're maintaining, but there may still be cases where simple copyright law allows a software creator to similarly control the behavior of those using the software.
As fun as Movies and TV programs about law are to watch, and how cool the law seems when you start to study it, the fact is that it's a lot messier in reality, and many times what you think is an open-and-shut case turns out to be much more complex and often nobody can predict what the outcome will be. So even if everyone in this thread knew all the applicable law perfectly, these debates would still be close to pointless. Additionally, the actual outcome of a case may be overshadowed by the costs in both time and money to the participants. If you can hold the threat of a $30,000,000.00 damage verdict over someone's head, along with the more immediate and similarly destructive legal costs for defending yourself, then it often doesn't matter much how "in the right" you are when the outcome can't be predicted with any confidence.