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[IP] more on More on Analog Hole Bill secret requirement





Begin forwarded message:

From: Jonathan Zittrain <zittrain@xxxxxxxxxxxxxxx>
Date: January 25, 2006 7:56:37 AM EST
To: dave@xxxxxxxxxx
Subject: More on Analog Hole Bill secret requirement

Veeck v. SBCCI is a 5th Circuit case that speaks to this, <http:// caselaw.lp.findlaw.com/scripts/getcase.pl? court=5th&navby=case&no=9940632cv2&exact=1>. There a private organization, SBCCI, had some model building codes -- not secret, but under copyright and license agreement. Two small towns in North Texas adopted the codes wholesale to be the law, and Veeck wanted to make them freely publicly available. The bottom line:

"Our short answer is that as
law, the model codes enter the public domain and are not subject to
the copyright holder's exclusive prerogatives.  As model codes,
however, the organization's works retain their protected status."

Which bodes well for any fight against the VEIL standard. (Of course, in the VEIL situation there may be differentiating if dubious claims that the standard can't work if it's secret, and the holding in Veeck applies only to the 5th Circuit.) ...JZ

At EST 07:16 PM 1/24/2006, you wrote:
From: Randall <rvh40@xxxxxxxxxxxxx>
Date: January 24, 2006 5:38:44 PM EST
To: Dave <dave@xxxxxxxxxx>, Dewayne Hendricks
<dewayne@xxxxxxxxxxxxx>, cyberia <CYBERIA-L@xxxxxxxxxxxxxxxx>
Subject: "Analog Hole" Bill to impose secret requirement?

[First seen on the Telecom Digest]:

http://htdaw.blogsource.com/post.mhtml?post_id=198659

Monday January 23, 2006 by Ed Felten

If you've been reading here lately, you know that I'm no fan of the
Sensenbrenner/Conyers analog hole bill. The bill would require almost
all analog video devices to implement two technologies called CGMS-A
and VEIL. CGMS-A is reasonably well known, but the VEIL content
protection technology is relatively new. I wanted to learn more about
it.



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