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September 28, 2012
More Insanity Associated with Aero
This case just keeps getting weirder and weirder. Or rather, it's pulling all the weirdness out of the woodwork. To review: Aero is a company with a big name (Barry Diller) behind it. They're trying to bring out a new technology for watching television
. They put this service together carefully, in the belief that it would be legal under current (US) copyright law and precedent
. People who looked at it said "Dear gods that's an insane way to do things if you think about it from a systems engineering standpoint, but yes it does appear to be following what courts have said
Enter now Ralph Oman, who was previously Register of Copyrights. Mr Oman has now filed an amicus brief in the Aero case, in which he argues that he is batshit insane. No, wait, that's what techdirt is saying; what Oman is saying is that all new technologies should have to go get Congressional approval in order to exist. Upsetting an existing business model is not allowed, unless Congress first says it's allowed. Or so Oman appears to be arguing:
Indisputably, Congress drafted the Copyright Act to prevent the creative efforts of authors from being usurped by new technologies. That core principle is at the heart of the Copyright Act. Congressional intent would be undercut by any decision that would sanction the use of technologies which could be used indirectly to undermine its goals.
I just... I don't even... what the ever-loving grace have you been smoking, mate? (h/t Boingboing for the original pointer)
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