Re: [dvd-discuss] The power of a click

[Steve Stearns <sterno(at)bigbrother.net>]

On Sun, 2 Dec 2001 microlenz@earthlink.net wrote:

> ANd they have created a very slippery slope....Where does one
> draw the line?

Well, I think this is something that's been elluded to many times in
discussions on this list and elsewhere.  The line where code changes from
a form of expression into a "device" is incredibly vague.  If I write a
program that converts the text of the constitution into the source code of
DeCSS, does the constitution become a circumvention device?  If you accept
that code is a form of expression, I think that it has to logically carry
through all forms of the code, be it C source code, assembler, or just a
long stream of 1's and 0's.

The problem here of course is that the DMCA is outlawing expression
without any accounting for the result of that expression.  It's akin to
outlawing the word fire because somebody might shout it in a crowded
theater.  The legislature has realized that prosecuting everybody who
shares a file on Gnutella is completely beyond their capabilities.  The
result of course is that expression, and creation of tools for what would
otherwise be legal uses is outlawed.  Unfortunately this court seems to be
backing this stand, that since it's the only way to stop these copyright
infringers, its okay to trample on other rights.

---Steve