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MRT, a Californian company, has issued a cease and desist
letter to the biggest high-tech players, like Microsoft, Apple and Adobe,
asserting that the companies are violating federal copyright law by
"actively avoiding" use of its products.
Media Rights Technologies and its digital radio subsidiary
BlueBeat.com claim to have developed a technology which effectively controls
access to a copyrighted work or which protects the rights of copyright owners.
According to a press release issued by MRT, “that product, the X1 SeCure
Recording Control, has been tested by the industry's standards bodies, the RIAA
and IFPI, and has been proven effective against stream ripping, while
protecting privacy and limiting infringement liability for users, distributors
and academic institution.”
In MRT’s opinion because the companies are avoiding use of
its purportedly effective product, they are violating the DMCA.
“It makes illegal and prohibits the manufacture of any
product or technology that is designed for the purpose of circumventing a
technological measure which effectively controls access to a copyrighted work
or which protects the rights of copyright owners. Under the DMCA, mere avoidance
of an effective copyright protection solution is a violation of the act.” MRT
added in its press release.
With its cease and desist letters MRT seeks to stop the
production or sale of Vista OS, Adobe Flash Player, Real Player, Apple iTunes
and iPod.
“Failure to comply with this demand could result in a
federal court injunction to any of the above named parties to cease production
or sale of their products and/or the imposition of statutory damages of at
least $200 to $2500 for each product distributed or sold.” MRT’s statement
reads.
Although MRT’s claims may seem very serious, legal experts are
considering that the letters were more an attempt to gain some publicity. "It
looks to me like a play for publicity," claimed University of Michigan
copyright expert and law professor Jessica Litman, quoted by Apple Insider. The
DMCA "doesn't impose liability simply because some product could be redesigned
to implement a technological protection scheme but its makers decline to do so.”,
she added
According to CNET, RealNetworks spokesman Matt Graves said
he hadn't yet seen the letter, but it appeared to be a ploy by a
"desperate company" to get its product licensed. "That's a
rather novel approach to business development," he said.
The other companies declined to make any comments about the
issue.
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