[KLUG Advocacy] [Fwd: [cfgeeks] Disturbing DMCA story] -- this is getting rediculous ...

[Robert G. Brown]

Bryan Smith< b.j.smith@ieee.org>  briefly intones [:)], quoting others....
>Check out the following story. Apparently Lexmark is using the DMCA to
>block third party toner cartridges being used in their laser printers.
>
>http://news.com.com/2100-1023-979791.html
>
>I find the idea more than a little distrubing - the upshot could be that
>slapping a digital chip on any manufactured item makes it 'digital media'.

Consider that cars have chips in them... will an oil or filter 
change become a DMCA violation too? Hope no one from GM legal 
is on this list. If this case suceeds, it could be a real danger to
all kinds of aftermarket or substitute products.

I sense thin ice underthe plaintiffs, however. This has to do with focus
and intent. The case is strong when I'm overtly attempting to steal content,
less so when the digital product is deeply embedded. I've preached about
bad legislation here in the past, and I feel the urge coming on again,
this time over focus on the product that is actually being sold,  while
the DMCA covers technology that could be embedded in ANYTHING, I would
cintend that it is exactly that which makes it poorly focussed.

But it's late, and I'm tired, so I won't preach. My personal view
is that folks using the DMCA had stringer cases already, and they lost,
largely on more basic grounds. I hope this loses, or the legal path may 
open to welding your hood shut, in service terms, anyway.

							Regards,
							---> RGB <---