[KLUG Advocacy] Re: Movies? Weird!!!

[Bryan J. Smith]

[ Moving to ADVOCACY ]

Quoting "Robert G. Brown" <bob@acm.org>:
> Also, as "TheBS" pointed out, we're talking about CIVIL proceedings
> here. 

[ Did Bob just agree with me? ;-]

> While it's true that the DMCA makes some of these civil violations
> actual *criminal* acts, it is largely untested. Anyone pressing a
> criminal complaint in good faith would be very wise to take care, lest
> untested portions of the law run afould of the courts, precedent,
> other IP law, or the Constitution.
> I susepct this is why there has been much smoke about the DMCA, but
> very little fire.

Yes, I would not be surprised if it is found to be Unconstitutional if it was
taken to the highest levels.

If you look at the 2600 case (which was civil?), they didn't go after the
software, but how the [independent] media reported it, which _is_ directly
addressed by the DMCA.  In fact, it's one of its largest "loopholes."

E.g., I don't have to prove copyright violation.  I only have to tell an ISP or
other content provider on the Internet that their referenced material is a
copyright violation, and if they refuse to remove the offending content/link, I
can now charge them with a violation of the DMCA -- again, _regardless_ of
whether or not it was an actual violation.  I heard many religious organizations
have used this to great affect -- enabling "censorship-at-will."

Of course, the New York Times does the same damn thing and there wasn't a pep
out of "Big Media."  Makes you wonder if 2600 could re-introduce that into
evidence, or if that's not applicable because (I think) it was a civil case.

> The Elcomsoft case has been the exception that proves this rule.

Yes.  Especially given the fact that Adobe recanted it's complaint but, because
it was a criminal case, the US federal government is continuing it.  In fact, I
wouldn't be surprised if some of their staffers are silently hoping its going to
trial will end up rendering the DMCA Unconstitutional.

BTW, isn't the Johansen, the creator of DeCSS, trial now starting?  Now that is
also a criminal proceding based on DMCA, correct?  How are they handling the
fact that he lives in another country?  Extradition?

-- 
Bryan J. Smith, E.I. (BSECE)       Contact Info:  http://thebs.org
[ http://thebs.org/files/resume/BryanJonSmith_certifications.pdf ]
------------------------------------------------------------------
*** Whether it is voting on butterfly ballots or driving under ***
*** overpasses, Floridians just can't seem to do things right. ***