Court Rules Fixing Tape Backup Systems is DMCA Violation

[gitreel]

Would you believe that repairing tape backup systems for the legitimate owner would be an infringement of copyright law? One court says it is.

http://lawgeek.typepad.com/lawgeek/2004/07/dmca_hammer_com.html

He dated this the 9th, but I think he meant the 29th

July 09, 2004
DMCA hammer comes down on tech service vendor

This just in: A district court in Boston has used the DMCA to grant a preliminary injunction against a third party service vendor who tried to fix StorageTek tape library backup systems for legitimate purchasers of the system.

How is this a DMCA violation? Well, it turns out that StorageTek allegedly uses some kind of algorithmic "key" to control access to its "Maintenance Code", the module that allows the service tech to debug the storage system. The court found that third party service techs who used the key without StorageTek's permission "circumvented" to gain access to the copyrighted code in violation of the DMCA, even though they had the explicit permission of the purchasers to fix their machines.

What does this ruling mean? If it stands up on appeal, it means StorageTek has a monopoly on service for all of its machines. No independent vendor will be able to compete with them for service contracts because no independent vendor will be authorized to "access" the maintenance code necessary to debug the machine.

The DMCA was meant to stop digital piracy, not inhibit legitimate competition in the computer services market. How many more markets will we allow this law to kill before someone fixes it?

p.s. The Court also found, in a bizarre twist of logic, that while it is legal to load a program into RAM for repairs, it's illegal to allow it to persist in RAM while you fix it. I don't even know where to begin with that one.

[ViRaL1]

I wonder if it says anywhere in StorageTek's manual / contract that only they are allowed to service their units. I also wonder what happens to StorageTek when several of their clients sue them for not disclosing that (if that is the case) at the same time.

[ofbarea]

Indpendent auto repair shops faught for years to be able to do repairs on automobiles without having warranties voided by manufacturers. A law was finally passed to allow this. It also allows for third party parts to be used as long as they meet OEM specifications. Now comes the DMCA, which can negate any such law.

Until the consumer refuses to purchase products with this type of lock-out by manufacturers of equipment, we will see more of it until there is nothing left in the US but consumers who have no money with which to consume. We have already endangered our economy by moving manufacturing out of our borders. Now we will lose the service industry as well because it will be illegal to repair anything manufactured by someone else.

I refuse to purchase Lexmark because of their stand on third party cartridges for printers. I will refuse to purchase products from Sony or any other manufacturer that does the same thing. I choose my service repair companies for my appliances and will purchase those appliances based on my ability to choose who enters my home to fix them. I will not purchase CD's or DVD's I cannot copy for my own personal use or equipment that will not allow me to enjoy it as I see fit in my own home, car or RV.

I encourage consumers to take a stand now, before we find ourselves without the abiltiy to make choices for ourselves at all.

When will our (cough) leaders realize they are crippling this country?

Posted by: admin@biztld.net | July 12, 2004 08:00 PM

It will be a matter of time before car repair shops will not be allowed to read diagnostic codes from cars computer. If this happens in the US, it will soon happen in my country.

I think the original post really happened in the 9th because the comet I quoted above was written in the 12th.