Asri-unix.1370
net.followup
utzoo!decvax!cca!knutsen@sri-unix
Thu Apr 29 12:38:58 1982
Are gifts everywhere? (from arpanaut)
Date: Thursday, 29 April 1982  09:22-PDT
From: KING at KESTREL
Subject: comments on the "satellite signals are giftf" argument
to: Knutsen at sri-unix, info-law at mit-mc
cc: King at KESTREL
Via:  Kestrel.ArpaNet; 29 Apr 82 9:33-PDT

       The argument that a satellite signal falling on your property
is either trespass or a gift is appealing, but I see some logical
flaws.
       First, the broadcaster of the signal may not own the copyright.
The broadcaster is probably a satellite company; the owner of the
copyright may well be some small cable company.
       Second, I don't know but I would rather assume that there have
been findings that a radio signal is not trespass.

       If a publisher leaves a book on your property, you may keep
the book, give it away, or demand its removal by the publisher, but
you can't photo-offset it and start making copies.  Similarly, if a
signal falls on your property you can "keep" it (whatever that means),
give it away (with a reflector), or file a civil suit if you can show
damage.  (I'm not sure courts would require more evidence of
harmlessness of nanowatt-per-square-meter signals then is now
available.)  However, you may not (depending on applicable law) be
legally able to duplicate it.
       Courts have held that reading a program into a computer to
execute it is duplication and is copied by copyright laws.  I don't
know about "reading" a program into a television set for viewing.

       Does anyone know why encryption isn't routinely used on these
signals?

       By the way, I remember reading about a case in which a person
living near a powerful radio station had set up an induction coil
(enourmous - the signal strength wasn't that large) to tap the power
of the signal and avoid using the electric company.  When what he had
done came to light, it was held that he couldn't.  I don't remember
details.

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