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

[Adam Williams]

>>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.

I think if anyone "takes on" the DMCA in a high court it is likely to be
the ACLU, the EFF, or some such organization.  Maybe one of the consumer
protection organs, as there are several well funded ones of those.  I
can't see two behemoth corporations going to the grinder over this,  it
just wouldn't be worth the trouble - write a check and move on.

>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.

Yep, thats my impression too.

>>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.

"The price of liberty is eternal vigilance." - Thomas Jefferson

The proverb "No rest for the wicked" is exactly back wards, they get
vacations in the Bahamas with senators.

If the DMCA gets clobbered, something else will come along, I imagine
under the guise of national interest or security.  You just can't have
someone using there mod'd X-Box to launch a D.O.S. attack on the root
name servers, it interrupts economic activity.  When something is done
to protect national interests it has much more leeway than something
done to protect mere corporate interests.

I despise the DMCA, but in the long run - I can't forsee winning this
fight, not in the USA anyway.