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

Justin Buist advocacy@kalamazoolinux.org
Fri, 10 Jan 2003 22:25:30 -0500


On Fri, Jan 10, 2003 at 01:41:38AM -0500, Robert G. Brown wrote:
> 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'.

That's not an upshot really, unless you're looking to get this DMCA thing 
struck down.  Which I am.


> 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.

At least this comes to close to something the average person can relate to,
and therefore possibly affect the general population.  I'll refrain from
preaching too, but as I said before the DMCA will last until it stands in front
of a higher court, such as the Supreme Court.  Perhaps the invasion of the
DMCA into the business world will bring this about.  We know an individual
being accused of a DMCA violation won't go that far, as they can't hold up
in court as long as a corporation can, but if it's one corp against another
then it actuallly stands a chance.

I hope that thing is gone in 5 years so I can rest easy.

Justin Buist