mortslim;549653 Wrote: 
> 
> 
> If that is the case, the following issues arise:
> 1. Does Playback Designs have permission from Sony to build a feature
> into its machine for an unencrypted DSD audio stream to be outputted
> from its SACD transport?  This “feature” is not published
> (to presumably keep it low profile) and no other company currently
> manufactures an SACD player or transport with this same
> “feature” (except for maybe EMM Labs, a company that
> previously employed an employee who now is a co-owner of Playback
> Designs).   On the other hand, Oppo, a boutique
> “audiophile” manufacturer, explicitly makes clear that this
> is not allowed by the Sony license of the SACD technology.  
> 
> 
> 2. If Playback Designs is manufacturing an SACD player or transport not
> in compliance with Sony’s SACD license, has Playback Designs
> breached its license agreement with Sony?  Has Playback Designs
> violated any of Sony’s patent rights or other intellectual
> property rights of Sony if it has made a player or transport that may
> circumvent a restriction of the Sony SACD license? Has Playback Designs
> run afoul of the Digital Millennium Copyright Act, Section 1201, if it
> has built a circumvention of an access control into its machine?  All
> we can do is ask the questions.  It is up to Playback Designs and Sony
> to give us definitive answers.
> 
> 
> 3.From the point of view of the consumer and squeezebox owner, all of
> these issues are a concern because they go to the issue of what is
> being purchased when the intent is to purchase “high
> definition” audio for playback on a squeezebox.  Are these
> consumers getting what they think they are getting?  
> 
> 4. When a squeezebox owner purchases downloadable music from HDTracks
> that is represented to be “24/88.2”, does this consumer
> know and understand what he is purchasing?  
> 
> 5. Do you think HDTracks has made a full disclosure of what it is
> selling?
> 
> 6. If Playback Designs is violating its license with Sony, or if it is
> violating the Digital Millennium Copyright Act, Section 1201, is it OK
> for Puget Sound Studios to use a Playback Designs machine to prepare
> downloads for sale by HDTracks?
> 
> 7. If Playback Designs is violating its license with Sony, or if it is
> violating the Digital Millennium Copyright Act, Section 1201, is it OK
> for HDTracks to sell music derived from a Playback Designs machine?
> 
> 8.If Playback Designs is violating its license with Sony, or if it is
> violating the Digital Millennium Copyright Act, Section 1201, is it OK
> for a consumer to purchase music derived from a Playback Designs
> machine?

1. and 2) Don't know if what you claim is true, and don't care. If you
are correct (a big if), then I'm sure Sony would sue. Since they
aren't, I conclude that either you don't know what you are talking
about, or Sony doesn't care. Certainly if Sony doesn't care, neither do
I. 

You certainly haven't been convincing that what you say the DMCA means
is correct and applies here. Furthermore, just last week you
selectively quoted a newspaper article to make it seem it was backing
up your position, when it wasn't.
Conclusion:(a)either you don't know how to read and interpret written
material, in which case many of your claims have no credibility;
or,(b)you intentionally distorted the article as a result of your
obsession with this topic. If b is true, that also puts your
credibility in doubt.

3)No, not at all. I don't care what the process is as long as it
results in a hi-res file, and that the result isn't purely the result
of upsampling. Puget Sound studio and HDTracks have both categorically
denied your claims, and in writing. That's good enough for me, until I
get PROOF they are lying. So far you have presented only your opinions
and interpretations. Not good enough for me, because I don't see you as
a credible source on either the legal or technical aspects of the
so-called "issues".

4 and 5) They could give a more explicit explanation of what they do,
it would be nice. But they gave me a satisfactory answer when I
contacted them, one I have no reason to doubt at this point. Does the
"consumer truly understand" - probably not, just like with most of what
he buys. I don't think most consumers even are interested in the
technical details - they just want it to sound good. Again, as long as
HDTracks is providing material from sources as they claim, it's fine.

6, 7, and 8) Don't care. It's not my problem. The DMCA is basically a
crap law put in to protect certain corporations, and take away rights
from other corporations and consumers. A classic example of lobbyists
getting lawmakers to write unbalanced laws that favor their specific
industry over other industries and consumers. I don't know if anything
illegal is going on, but if it is I'll look at buying the tracks as a
form of non-violent civil disobedience. If the companies involved want
to press charges against me, then I'll have to pay the consequences.
They are welcome to do so. 

I'm very happy to let a gigantic international conglomerate like Sony
fight its own battles. They have hundreds of lawyers. Don't feel like I
have to help them. 

If the DRMA is being violated here (and I don't know that it is), I'm
very happy to buy the result. I can enjoy the tracks while the
companies involved can deal with the issues or sue each other as they
please. If the tracks are illegal, they'll get taken off the market and
then I won't have further access. End of story.


-- 
firedog

Tranquil PC fanless WHS server running SqueezeServer; SB Duet through
Empirical Audio Pace Car; MF X-150 amp, MF V DAC3, Devore Gibbon Super
8 Speakers; Mirage MS-12 sub; Dual 506 + Ortofon 20 (occasional use);
sometimes use PC with M-Audio 192 as digital source. SB Boom in second
room. Arcam CD82 which I don't use anymore, even though it's a very
good player.
------------------------------------------------------------------------
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