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

[Robert G. Brown]

Justin Buist <jbuist@justinbuist.org> wrote:
[and gee, where did he ever think of a domain name like that?? :) ]

>That's not an upshot really, unless you're looking to get this DMCA thing 
>struck down.  Which I am.
I have yet to see anyone on this list leap to the defense of the DMCA,
which is somehow not a surprise, given the forum. I would think TheBS
is also in favor of seeing it struck, as you and I are; I suspect he's
also capable of telling us his opinion on this.

Earlier, I'd written...
>> 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.  
Thanks, I tried to put in in laymens terms... we need to butonhole our
friends and work to get broader understanding of this very bad legislation.

>...the DMCA will last until it stands in front of a higher court, such 
>as the Supreme Court.  
I agree in principle, but please, not this court! I am more or less convinced
that it will rule in favor of the DMCA, as it is part of the atmosphere that
has bred that kind of legislation. Expect it to get worse before it gets
better, Dubya and his friends on Capitol Hill may have at least another 
6 years to run, and appoint folks like Pickering, who makes Antonin Scalia
seem like a flaming Liberal.

>Perhaps the invasion of the DMCA into the business world will bring this 
>about.  
The Adobe v. Elcommsoft case wasn't "the business world"? Perhaps I don't
see your meaning....

>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.
Corporations will settle out of court, probably before the case comes up
in public, and negotiate licences and so forth. It will probably not even
get to litigation at all. If GM wants to use something Sun has, they'll 
pick up the phone and do the deal.

It is clear to me that the express intent of this law is to stop individuals
from "meddling" in the "magic" inside the black boxes the corporations are
intent on selling us all, under very controlled conditions, backed by the
arm of the law. If you want to include little business in what I refer to
as "individuals" here, that's OK with me.

>I hope that thing is gone in 5 years so I can rest easy.
The sooner it's gone, the easier we can all rest.

							Regards,
							---> RGB <---