On 06/14/2007 02:27 PM, Alexandre Oliva wrote:
No, by this twisted logic Tivo *cannot* modify that particular copy
any more than you can. They can modify *another* copy (just like you)
and they can *replace* the copy in your device with the new version
(unlike you).
Again, replacing is one form of modification.
No, it's not: replacing does not create derivative work. Modification does.
You've chosen to attach a physical dimension to "program copy" and I'm
arguing that even under this distorted line of reasoning you can't
support your position:
The customer gets the copy that TiVO stored in the hard disk in
the device it sells. And it's that copy that the customer is entitled
to modify because TiVO is still able to modify it.
* Tivo takes public sources, modifies them and builds a brand new blob
* Tivo installs this new copy on the device, most likely side-by-side
with the old one - notice how the new copy is derived from public
sources and has absolutely nothing to do with the old version (heck, it
can be a totally different kernel for what it's worth)
* Tivo deletes the old copy from the device
It seems pretty obvious that the only right Tivo is withholding is the
right to install new versions on the device - they never do (and really
never could) "modify" the physical copy on your device (which is your
main argument).
What do you think you do when you save a modified source file in your
editor?
Don't skip the part where the in-memory version started as an exact copy
of the original being replaced. Notice the difference? ;)
---
fm
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