Re: [dvd-discuss] [OT] elcomsoft/sklyarov jury denied text of law?

[microlenz(at)earthlink.net]

On 16 Dec 2002 at 15:09, James S. Tyre wrote:

Date sent:      	Mon, 16 Dec 2002 15:09:49 -0800
To:             	dvd-discuss@eon.law.harvard.edu
From:           	"James S. Tyre" <jstyre@jstyre.com>
Subject:        	Re: [dvd-discuss] [OT] elcomsoft/sklyarov jury denied text of 
 	law?
Send reply to:  	dvd-discuss@eon.law.harvard.edu

> At 02:49 PM 12/16/2002 -0800, Glendon M. Gross wrote:
> 
> 
> >But when you add to that the fact that those who are involved with making the
> >decision can't even view the law that affects the decision they are making, it
> >really makes a mockery, in my opinion, of everything our judicial system is
> >supposed to stand for. It also causes me to believe that those who charge that
> >corporations are now buying bad laws are not far from the truth.
> 
> 
> Perhaps my point was not clear.
> 
> 17 USC sections 512, 1202 and 1203 are every bit as much a part of the law
> (DMCA) as is section 1201; but they do not effect the decision the jurors are
> making, they have no relevance to the case.  (If you contend otherwise, please
> explain.)
> 
> If, for example, the judge gave the jury only 1201(b) and not the rest of 
> 1201, including the built-in exceptions, then I'd be yelling as loudly as 
> the next dude, but we do not know that to be the case.

Not enough information....There's no reason to read the whole DMCA to them but 
I guess the question is if the judge has read them all the relevant sections of 
the law verbatim. The law as written and the law as interpreted can be two 
different things. When the two become widely divergent, then problems occur. IN 
a case such as this, the jury may be saying..."If I can't figure it out after 
all this..can anyone? And if no one can..then it's not ignorance of the law but 
what is the law?".. ... Remember the Monty Python Sketch ....t "and he nailed 
your head to the floor","oh yes..he had to...he said you've transgressed the 
unwritten law...." OTOH  it does bode well that the jury seems to be confused 
about just what the law is



> 
> 
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