[NTLK] h*cks, kr*ks, SN

[Tony Kan]

Hi Ken et al

OK, following on from my comments about the moral rights and wrongs, I think
that we need to look more carefully at the law to work out what activity is
legal or illegal as the case may be.

[snip]
Legal use does not include:

using a serial code or license that violates the copyright or terms of the EULA
reverse engineering a code or license
using other software to modify the code to allow unlicensed use
[snip]

You are quite right but what if the law is not as unequivocal as one might first
believe?  What if the law under certain scenarios allows you to circumvent
copyright protection systems such as serial codes or registration codes?

The DMCA allows copy protection to be circumvented for "noninfringing" uses" of
digital works:  http://www.copyright.gov/fedreg/2006/71fr68472.html  This ruling
was made in 2006 and expired in 2009.

In the meantime an interim rule continues the existing arrangement until a more
formal rule has been put in place:
http://www.copyright.gov/fedreg/2009/74fr55138.pdf.  The process for reviewing
the 2006 rules is already underway.

The exemption allows us to circumvent a copy protection such as a password or
serial number access system.  But once cracked, you can only apply it to
"noninfringing uses."

So what are "noninfringing uses?" The text of the ruling might give some insight
here.  The ruling gives six classes of works whose copyright protection systems
can be circumvented, one of which is:

Computer programs and video games distributed in formats that have become
obsolete and that require the original media or hardware as a condition of
access, when circumvention is accomplished for the purpose of preservation or
archival reproduction of published digital works by a library or archive. A
format shall be considered obsolete if the machine or system necessary to render
perceptible a work stored in that format is no longer manufactured or is no
longer reasonably available in the commercial marketplace

Are we not talking about the preservation of obsolete works here? What other
factors need to be considered?

Warm regards

Tony Kan

Christchurch
New Zealand