For the half-year to 31 December 2014, the IPKat's regular team is supplemented by contributions from guest bloggers Rebecca Gulbul, Lucas Michels and Marie-Andrée Weiss.

Regular round-ups of the previous week's blogposts are kindly compiled by Alberto Bellan.

Thursday, 2 September 2004

GARAGE DOOR DECISION CLOSES DOOR ON DMCA


The Register and ZD News report that the US Court of Appeals for the Federal Circuit has dismissed an appeal brought by the Chamberlain Group claiming that universal garage-door opening produced by Skylink infringed the Digital Millennium Copyright Act (DMCA). Chamberlain argued that Skylink’s openers gave consumers access to the copyrighted firmware in Chamberlain's Liftmaster line of garage door openers by bypassing the “rolling code” that was meant to prevent access to the copyright-protected code. However, the Court was unimpressed since consumers using Skylink’s openers only want to open their doors and not to commit copyright infringement.

According the judge who wrote the decision of the Court of Appeals:

"Chamberlain's proposed construction would allow copyright owners to prohibit exclusively fair uses even in the absence of any feared foul use…Copyright law itself authorizes the public to make certain uses of copyrighted materials. Consumers who purchase a product containing a copy of embedded software have the inherent legal right to use that copy of the software. What the law authorizes, Chamberlain cannot revoke."
The IPKat welcomes this common sense decision. To say that copyright-type protection should be effectively able to bar consumers from access their own homes is laughable. The interest recognised here seems to be that, if you buy a piece of equipment, you should be able to get replacement parts that enable you to carry on using it when something goes wrong without IP rights getting in the way. This reminds the IPKat strongly of the stance taken by the House of Lords in the UK in British Leyland v Armstrong.

History of garage doors here
Garage doors of the fourth dimension here, here and here

3 comments:

Quit Smoking said...

Hello fellow fisherman,

Did you know that 16% of the U.S. population goes fishing at least 16 days a year?

Did you also know that over 75% of the nations fishermen do not fish during "prime time"; fish feeding hours?

Those precious few moments before twilight can be absolutely magical. Even up until 11pm at night, the largest predators of any species feed ravenously.

Don't believe me? Check out Daniel Eggertsen's story, and a picture of a couple of his catches here : "Evening Secrets plus more"

I want you to do me a favor and try it out so I can see what you think of it, and if it works for you as well as it did for me.

You will be one of the first to try it out.

Gone Fishin',

Neil

Anonymous said...

As many links as you want!

Anonymous said...

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