David Pogue Weighs In On Ebook DRM: Non-DRM'd... >> << Russian ISP Blocking Political Opposition... Mike MasnickFri, Dec 18th 2009 6:35pm anti-circumvention, authorization, copyright, dmca, garage door openers Losers Of Garage Door DMCA Case Try To Use Legaleze To Lock Up Your Garage Door Openers Anywayfrom the sneaky-bastards dept It's been over five years since garage door opener company Chamberlain lost its bizarre DMCA case, which tried to argue that anyone making competing replacement garage door openers was violating the anti-circumvention clause of the DMCA. If you believed Chamberlain, then it would mean that the DMCA could effectively be used to block out any competition in replacement parts just by using a bit of encryption. The court's ruling was a bit convoluted, basically saying that this simply couldn't be what Congress intended with the DMCA, even if it was sorta what the language of the law actually said. This was a victory, in that it did limit the DMCA against a ridiculous situation, but it was unfortunate in that the ruling didn't address what the law actually said.
To get around this, the court did a few different things, including noting that what Skylink did with its competing garage door openers didn't really involve "unauthorized access," which is key to the anti-circumvention clause. As the courts recognized, how could Chamberlain tell homeowners that they couldn't authorize the opening of their own garage door? Fast forward five years, and most tech/copryight folks haven't thought too much about garage door openers and their relation to the DMCA... until Ars Technica's Nate Anderson moved into a new house, and noticed his garage door opener manual (from Chamberlain, of course). The manual was from 2006... well after Chamberlian had lost its case. And yet... the manual contained clear DMCA-style anti-circumvention language, stating: NOTICE: If this Security+ garage door opener is operated with a non-rolling code transmitter, the technical measure in the receiver of the garage door opener, which provides security against code-theft devices, will be circumvented.
The owner of the copyright in the garage door opener does not authorize the purchaser or supplier of the non-rolling code transmitter to circumvent that technical measure. What's quite clear is that Chamberlain is trying to legaleze its way around the court rulings against it, by stating in the manual that you are not authorized to get around its little bit of technical trickery. Basically, it sounds like Chamberlain's lawyers saw the loophole in the judges twisted reasoning to get around what the DMCA does state, and have jumped gleefully through that loophole. Of course, the lawyers Anderson questioned doubt that this would hold up in court, but the real question is whether or not this would ever go back to court. Chamberlain may just be hoping that enough people are scared off by the questionable legal language that it doesn't need to file lawsuits, and competing product makers probably don't find it worthwhile to file their own lawsuit either. But, in the meantime, we get to see yet another remnant of what the DMCA's anti-circumvention clause has created.
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Our Top Ten Reviews Silver Award winner is the Chamberlain Ultra Quiet 1/2-horsepower belt garage door opener. The best garage door openers, like the Chamberlain Ultra Quiet, work efficiently and quietly so that you hardly know they are there. This garage door opener is reliable and has extras, like smartphone functionality, that make it a great value. While this belt-drive garage door opener isn’t as powerful as the Chamberlain Premium, our Gold Winner, it has all the features you need with a 1/2-horsepower garage door opener, including an uncommon timer-to-close function that will automatically close your garage door for you if you forget. Want this professionally installed? There is a newer model of this item: Chamberlain PD762EV Garage Door Opener, ¾ HP, Durable Chain Drive Operation, MyQ Smartphone Control Enabled (Internet Gateway Sold Separately), Includes 2-3 Button Remotes, Multi-Function Wall Control... Selection for all your garage and tool needs; from storage, power and hand tools and more.
Chamberlain PD752D 3/4-Horsepower Heavy-Duty Premium Chain Drive Garage Door Opener Ideal for carriage-house or solid-wood garage doors, the Chamberlain PD752D 3/4-Horsepower Chain Drive Garage Access System is both reliable and easy to operate. It supplies the necessary power to smoothly open and close even the heaviest doors, and it's a snap to install. Compatible with HomeLink, an in-vehicle remote control system, the PD752D includes two three-button remote controls.The PD752D 3/4-Horsepower Garage Access System At a Glance: Whisper-quiet, smooth operation"Security+" rolling-code technologyPosiLock theft protectionIndustrial strength power for super-heavy doorsTwo remote controls and multi-function wall-mount panelMulti-function control panel lets you turn on the lights or open/lock garage door from inside. Enclosed gear case provides continuous lubrication and protection for long life.Safety sensors guard against accidents by projecting an invisible light across garage-door opening.
Included in-vehicle remote controls are HomeLink compatible.Smooth Opening and Closing of Even the Heaviest DoorsMany garage openers simply cannot accommodate large, heavy, or antique garage doors. In the past, owners of older homes had to manually lift and open their doors themselves or had to park elsewhere to avoid the hassle.Reliable, Whisper-Quiet OperationWinner of the Good Housekeeping Seal of Approval, the PD752D garage-door opener is the perfect solution for hard-to-manage doors. Backed by a lifetime warranty, the finely-tuned, yet ruggedly designed 3/4-horsepower motor with industrial strength chain provides the synergy needed to open heavy garage doors quickly and quietly.In fact, thanks to its exclusive Motor Vibration Isolation System (MVIS), the PD752D is whisper quiet--no clanking, crunching, or squeaking mechanical noises as the door opens and closes.Additionally, an enclosed gear case provides continuous lubrication and protection for longer life and smoother operation.
Fast, Easy Installation in Just 60 SecondsQuick and easy to install, this system arrives with five railing sections that assemble into one long piece. Clear, easy-to-read instructions guide you through the process step by step--in just one minute you'll have a completely assembled unit. For added convenience, the PD752D has a light that delivers 200 watts and has an adjustable time delay so you can enjoy illumination when you need it.Advanced Safety and Security Features Protect Against Accidents and TheftThe PD752D is equipped with safety features that protect users from accidental closings, as well as from break-ins and theft. First and foremost, auto force-sensing technology constantly monitors the garage door area and adjusts forces according to temperature fluctuations, floor height, and door track movement.Additionally, the included protector system features safety sensors with Rapid-Snap brackets that project an invisible light beam across the door opening and automatically reverse the door if anything interrupts the beam while the door is descending.
For added peace of mind, sensing technology will stop the door from closing if contact is made with a person or object and opener lights will turn on automatically if the infrared beam is broken.To guard against someone discovering your secret code, the PD752D's Security+ anti-burglary protection uses rolling technology and sends a new code every time you use your remote control. For an additional layer of protection, PosiLock theft protection ensures that once the door is closed, it stays locked. An added bonus, a manual release handle can be used in case of power failure.What's in the BoxMotor unit with light lenses; chain and cable in dispensing carton; Protector System (sending eye, receiving eye, two-conductor white and white/black bell wire attached); all required mounting brackets; two three-button remote controls with batteries; and safety labels and literature.A manual release lever means you can operate the door in a power outage. 27.1 x 9.7 x 13.3 inches Limited one year and Limited Life- Time Motor Warranty