03-07-2008, 11:00 PM
a reply from one of the DIGG threads..
WiWavelength Wrote:I composed the following e-mail to Josh Andrews & Ellen McDonald, internal legal counsel to MobiTV. I encourage you to do likewise. Feel free to copy & paste. I do not quibble over my copyright.
jandrews@mobitv.com
emcdonald@mobitv.com
--
To whom it may concern:
I openly requested the sprintTVlive.mcd document from a server attached to your Internet domain, MobiTV.com. I did so via a standard, ubiquitous Internet protocol, Hypertext Transfer Protocol (HTTP). The server, as an agent of MobiTV, readily complied with my open request. As such, MobiTV is legally complaisant to my possession of this document.
The sprintTVlive.mcd document contains explicit instructions for accessing MobiTV content. I followed said instructions. For example, I openly requested the live.mobitv.com:554/4103-CDMA.sdp audio visual content from a server attached to your Internet domain, MobiTV.com. I did so via a standard, ubiquitous Internet protocol, Real Time Streaming Protocol (RTSP). The server, as an agent of MobiTV, readily complied with my open request. As such, MobiTV is legally complaisant to my viewing of this content.
Court precedent has held that a Uniform Resource Locator (URL) (i.e. Internet address) is not subject to copyright protection, only the content linked to the URL may receive such protection. Thus, MobiTV has no grounds for protesting dissemination of affected URLs, all of which are openly, publicly accessible. And, if the aforementioned document or content is copyrighted material not intended for my free, personal use, then MobiTV, as the copyright holder or an agent of said holder, has a legal responsibility to secure and protect that copyright, should not have readily granted my open request for access to said copyrighted material. That grant implicitly bestowed upon me a license for my free, personal use of said material.
Technical incompetence is no excuse for misplaced legal threats.
(For good measure, I tacked on the full text of the sprintTVlive.mcd document. But that is at your discretion.)
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