Whose legal rights should come first? I...

Whose legal rights should come first?

I recognize that each camera manufacturer's sensor needs proprietary
software in the camera to obtain and record the image data in the most
optimal way. And certainly the software that opens that raw file should
be optimized to offer the maximum quality image data. However, as the
owner of the copyright of that image, my freedom to derive the benefits
from that image is impeded by your company's legal threat against any
software that attempts to extract MY IMAGE DATA from your proprietary
file format. Whose legal rights should come first?

When I create an image, I and I alone determine all the myriad of
variables that make that image: f-stop, shutter speed, focus,
composition, lighting, subject, resolution, compression and, yes, white
balance. The instant I press the shutter release button, I and I alone
own ALL of that information. Any encryption of that data, or any
restriction to free access of any of that information is a violation of
my copyright. Without the act of creating an image, there is no
proprietary white balance data to protect, so it seems that the
photographer's copyright takes priority.

I know Nikon is currently the target of the uproar over proprietary raw
formats, but all manufacturers must recognize that they cannot in any
way restrict or impede access to information that is not theirs.
--
http://www.stuartbish.com

Stuart Bish – Thu, 2005/05/26 – 12:56am

Stuart, you ask "Whose legal rights should come...

Stuart, you ask "Whose legal rights should come first?"

There is no conflict. Use of published Raw formats, whether DNG or a camera's proprietary format, does not reveal the nature of the proprietary firmware in the camera.

It might reveal that the sensor has a particular configuration, such as the Fujifilm SR sensor. But manufacturers heavily promote such developments anyway! A published format doesn't reveal HOW they designed and made the sensor.

Barry Pearson – Thu, 2005/05/26 – 4:32am