The Knuckleheads of the Day award

Today's winners are Media Rights Technologies and Bluebeat.com. They get the award for the following.

Media Rights Technologies and BlueBeat.com, developers of digital rights management software, have issued cease and desist letters to Microsoft, Adobe, Real Networks and Apple for failing to implement the companies’ DRM technology in Windows Vista, Adobe’s Flash Player, Real Player and Apple’s iTunes and iPod.

The companies are using an unusual interpretation of the Digital Millenium Copyright Act (DMCA) to make their case. The DMCA, signed into law by President Clinton in 1998, makes prohibits the manufacture of any product or technology that is designed for the purpose of circumventing a technological measure which effectively controls access to a copyrighted work or which protects the rights of copyright owners. According to the firms, mere avoidance of an effective copyright protection solution is a violation of the DMCA.

MRT and BlueBeat have developed a technological measure which can be used to control access to copyrighted material. The product, the X1 SeCure Recording Control, has been tested by the industry’s standards bodies, the RIAA and IFPI, and can be used to make stream ripping difficult.

MRT asserts that, because Apple, Microsoft, Real and Adobe have produced billions of products without the use of MRT’s technologies, they are in violation of the DMCA. According to MRT, “Failure to comply with this demand could result in a federal court injunction to any of the above named parties to cease production or sale of their products and/or the imposition of statutory damages of at least $200 to $2500 for each product distributed or sold.”

“Together these four companies are responsible for 98 percent of the media players in the marketplace; CNN, NPR, Clear Channel, MySpace Yahoo and YouTube all use these infringing devices to distribute copyrighted works,” states MRT CEO Hank Risan. “We will hold the responsible parties accountable. The time of suing John Doe is over.”

Yes Mr. Risan, but apparently the time of filing stupid lawsuits hasn't ended. I mean filing a suit because someone didn't use your technology? That sounds unique to me, as it does to others. If you don't use our product, we'll sue! When will that end then?

I'm betting a judge will almost certainly throw this case out, but there will be some consolation prizes. Media Rights Technologies and Bluebeat.com you are today's Knuckleheads of the Day.

Hat tip- Overlawyered
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