Re: [dvd-discuss] Hacking requires search warrant -- ruling

["John Zulauf" <johnzu(at)ia.nsc.com>]

microlenz@earthlink.net wrote:

> HOw about a good old fashioned Anti-Trust lawsuit from the DoJ of the type that
> Teddy Roosevelt and Wm. H. Taft did about 100 yrs ago against the sugar trust,
> Standard Oil etc....you know, exercise a little ecomomic and political
> conservativism by letting ones self be guided by history

Troubling is that the congress essentially made the RIAA the official
gov't organization for negotiating licenses with all copyright holders
(regardless of their membership in the RIAA).

I wonder if that can be challenged on constitutional grounds, that it is
a grant of monopoly power not allowed by the constitution -- or whether
one can bring suit for "universal service" sorts of restraints against
terms and conditions that favor the RIAA members over the independents
they now represent.  The Congress in passing legislation authorizing the
American Red Cross included language requiring response to *all*
disasters (where disaster is defined down to the level of a house
fire).  That certainly was needed to avoid Constitution discrimination
issues (imagine if the local K^3 were in charge of disaster response...
eek!) .  I cannot see that a gov't authorized negotiating arm has any
fewer Constitutional "equal representation" implications.   The RIAA
foxes certainly cannot be hand the keys to the independent chicken coop
without first being fitted with a muzzle.  If the muzzle is missing,
perhaps the court can (a) invalidate the "keys" or (b) require the
fitting of one.

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