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The problem with your initial paragraph is that you assume making derivative content is legal in one's own home, DMCA not withstanding. Outside of "actual" Four-Factor Test Fair Use, it's infringement. Making a device to enable it is highly suspect as a motivation for an outright repeal of the legislation.

You do know the app you describe wouldn't be illegal under the DMCA if your program was licensed by the rights holders, right? That's what we're getting to here. If Huang's post described how he went about trying to negotiate and make deals with the content providers his device wants to piggy back on, and they were terrible in response, that's a different game - I'd be a lot more sympathetic then, no doubt. Show me where he did the due diligence and crunched the numbers, really!

It certainly doesn't change the basis of argument being asinine when realistically DMCA protections don't get in the way of day-to-day Fair Use. It just takes some effort, not buying some Bunnie Studios box off the shelf so he can make a profit. That's what is so stupid about trying to digitally steamroll protections - any time a human can SEE or HEAR something they can find a way to jack it and do something. It's just reality.




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