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"You're out of order, Mr. Burger!"

Posted by Audiophilander (A) on September 5, 2009 at 11:06:04

In Reply to: RE: Ummm, ...not quite. posted by Jazz Inmate on September 4, 2009 at 10:39:29:

Bailiff: "All rise!"

"Hear ye, hear ye, ...the honorable Judge Foryerself will hear testimony today regarding the case of Big Brother verses the public interest."

Opening statements:

Judge Foryerself: "First, we'll hear the charges presented by prosecutor Hamilton Burger..."

>>> "Mod'ing to improve performance is fine. Mod'ing to make a region-specific player non-region specific in violation of its distribution agreements is absolutely illegal." <<<

Judge Foryerself: "Now we'll hear from the defense..."

Perry Mason: "Your honor, I would argue that modification of the Oppo player does improve performance by expanding viewer options."

(audible gasp from the courtroom)

Judge Foryerself (gavel): "Continue counselor..."

"Furthermore, if this players legal status is being contested, then prior case law involving the allowed sale of Momitsu players should take precedence. In this groundbreaking case, the fully region/zone free Momitsu was offered for sale on ebay without objection by the BD cartel, excuse me, consortium. These players continue to be imported and sold in the U.S. as region/zone free in ebay listings without complaint."

Hamilton: "...but your honor, this is ouright piracy!"

Perry: "If I may continue. I would also contend that Mr. Burger has not laid the proper groundwork to prosecute his case."

"Someone should inform learned counsel that while buying pirated products IS inarguably illegal, buying a modified or modifiable player to play legally licensed DVDs and Blu-rays purchased from other regions of the world does NOT violate any domestic or international law because all taxes and fees are paid by the consumer."

Hamilton: "I object, your honor!"

Judge Foryerself: "On what grounds? Objection overruled; do you have anything more to add, Mr. Mason?"

Perry: "Yes, your honor."

"If opposing counsel believes that any laws are being violated by film collectors having the ability to play their favorite foreign films, then it behooves the learned prosecutor to locate the exact statute and link the source. If he can't enter any prima facie evidence during these hearings, then I would contend that he has no case."

Judge Foryerself: "That's an interesting argument. Continue, Mr. Mason."

Perry: "Thank you, your honor."

"I suspect that the court will find numerous region & zone free players along with after market mods being sold legally through various legitimate retailers. I contend that these modifications perhaps violate specific licensing agreements, but that that violation would be between the player or modification manufacturer and the BD cartel, excuse me, consortium."

"It also presumes civil liability based on an assumption of lost revenue which is entirely dependent upon proving that consumers are purchasing licensed products from other regions in preference to buying exactly the same items produced in their own region."

Hamilton: "I object on the grounds that Mr. Mason has failed to prove how modified players are legal if they aren't properly licensed."

Judge Foryerself: "I'll withhold my ruling until I hear Mr. Mason's response."

Perry: "Thank you, your honor."

"To the contrary, do your homework, counselor. Legality in the criminal sense is not even at issue here, because no crime has been committed."

"Thus far the prosecutor's arguments have been irrelevant, immaterial and incompetent. If the consumer owns a modified player that has been obtained through a legal purchase and isn't using said player to break any existing laws then no criminal laws are being violated."

Judge Foryerself: "That sounds like a reasonable argument; it looks like Mr. Mason has got you there prosecutor."

"In lieu of appeal to a higher court, this case is dismissed!"

Cheers,
AuPh

Edits: 09/05/09 09/05/09 09/05/09

This post is made possible by the generous support of people like you and our sponsors:

Kimber Kable

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