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May 11th, 2007

A meritless lawsuit that's not worth the ink (real or electronic) used to report it

Posted by David Berlind @ 2:33 pm

Categories: Apple, Entertainment, General, Legal, Security

Tags: Apple Computer Inc., Adobe Systems Inc., Lawsuit, Microsoft Corp., Digital Content, Circumvention, David Berlind

One of the great things about America is that you can sue anyone for anything. What? You don't like the fact that I have furry eyebrows? You can sue me for it. Whether you'd win that lawsuit or not (if it doesn't get thrown out) is a different story. But the fact remains, you can sue me because of my eyebrows. You can sue anyone for anything. The legal team at Media Rights Technologies has apparently taken this American liberty to heart by putting Apple, Microsoft, RealNetworks, and Adobe on notice. For what? For not licensing its technology.

One thing that the company is claiming is true. The various audio/video solutions from Apple, Microsoft, RealNetworks, and Adobe do not plug the so-called analog hole. This is where digital content — even copy-protected digital content — is easily copied by simply picking up the analog signal from something like a computer or iPod's headphone jack. The quality may not be as good as the the original recording, but even so, it's an oft-used means of circumventing the copy protection that companies like Apple and Microsoft apply to digital content.

So, why is Media Rights Technologies readying a lawsuit against the four tech titans? Circumvention of copy protection technologies is considered illegal by the Digital Millienium CopyRight Act. Media Rights Technologies is saying that by not licensing its analog-hole closing technology, that Apple, Microsoft, Real, and Adobe are essentially allowing circumvention to happen with their technologies and are therefore co-complicitors in any circumvention taking place. No. It's not April Fools. I'm not making this idiocy up. Said the company's CEO Hank Risan:

We've given these four companies 10 days to talk to us and work out a solution, or we will go into federal court and file action and seek an injunction to remove the infringing products from the marketplace.

Said Real's Matt Graves.

That's a rather novel approach to business development.

That's the funniest line I've heard all week and a great way to end this Friday. Know of any laughable lawsuits? Let me know using the comments below.

David Berlind has been Executive Editor at ZDNet since 1998 and has been a technology journalist since 1991. Although he can't respond to all e-mails, he reads them all. You can reach David at david.berlind AT cnet.com. If you don't want the content of your e-mail to turn up in a blog entry, make sure you say so. To the extent that most e-mail he receives looks to sway his opinion about something, he usually looks to pass those points of view onto ZDNet's audience members for their consideration . For disclosures on David's industry affiliations, click here.
  • Talkback
  • Most Recent of 26 Talkback(s)
Media Rights Technmology (MRT)
The technology developed by MRT has been fully fully endorsed by the RIAA. The RIAA is now offering MRT's technology to all the webcasters who have licenses from the Library of Congress through the C... (Read the rest)
Posted by: es350jc Posted on: 07/21/07 You are currently: a Guest | | Terms of Use
Barratry?  rpmyers1 | 05/11/07
Not really  Tony Agudo | 05/11/07
This case is a keeper  Tony Agudo | 05/11/07
MRT  es350jc | 05/23/07
Hank Risan, you're the newest citizen of Idiocracy.  Mr. Roboto | 05/11/07
Media Rights Technologies  es350jc | 05/14/07
Rightfully so?  rapson | 05/14/07
Laughable  tic swayback | 05/14/07
That's not a shill  Imaginos1892 | 05/14/07
One can act as a shill for oneself  tic swayback | 05/14/07
Media Rights Technologies  es350jc | 05/16/07
I'm confused!!!  slopoke | 05/12/07
This could be the start of something BIG  cd2_z | 05/12/07
Plug the analogue hole?  TripleII | 05/12/07
not sure how they plugged this grand canyon  zzz1234567890 | 05/12/07
Great advertising campaign  zzz1234567890 | 05/12/07
The problem, of course...  tic swayback | 05/14/07
This is what's known as "shotgun marketing."  Mr. Roboto | 05/14/07
State Bar Should Sanction Their Attorney  demichae | 05/13/07
recurring revenue  albeit | 05/14/07
SCO?  sjcoombs@... | 05/14/07
This Just Shows the Stupidity of the DM act!!  wizardb@... | 05/14/07
This is a fun one.  spyro17@... | 05/15/07
Cease and Desist  es350jc | 05/22/07
I'm gonna sue ZDNet!  kidtree | 05/23/07
Media Rights Technmology (MRT)  es350jc | 07/21/07

What do you think?

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