Re: [dvd-discuss] Hang the RIAA in their own noose.

[Michael.A.Rolenz(at)aero.org]

The law doesn't specify or even restrict the means. Only that "any impairment of the availability of data, a program, a system or 
information".  ANY covers a multitude of sins. Performing a DoS attack or flooding the 
server with bogus requests is one way but so is putting spyware that 
deletes things too. DoS attacks or flooding uses up network resources 
getting to the servers or routers. What about allowing them to hack into 
an ISP router an not accept packets from users or servers that they deem 
guilty of infringement? The way it is written is so open ended as to allow 
them permission to do nearly anything and then claim immunity.

The point is that they are usurping the role of the courts here. They want 
self help without adjudication by the courts. The wonderful thing they get 
is now they don't have the courts saying to them "hey that was fair use. 
Suit dismissed and you pay costs for defendant because your lawyers should 
know better".




Lars Gaarden <larsg@eurorights.org>
Sent by: owner-dvd-discuss@eon.law.harvard.edu
10/16/01 05:42 PM
Please respond to dvd-discuss

 
        To:     dvd-discuss@eon.law.harvard.edu
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        Subject:        Re: [dvd-discuss] Hang the RIAA in their own noose.


 >> "John Dempsey" <john.dempsey7@verizon.net>
 >>
 >> Where do they claim to have this right?
 >> I agree with the argument that privately they know better.
 >> Where do they intimidate publically with such a claim?

Michael.A.Rolenz@aero.org wrote:

> OK Technically they aren't claiming they have the RIGHT (as in 
> constitional amendment) but read the last paragraph below. It says 
> effectively if we mess up your computer protecting our sacred 
intellectual 
> property too bad.
> 
> Taken from http://www.wartimeliberty.com/article.pl?sid=01/10/14/1756248
> 
> 
>                          'No action may be brought under this
>                          subsection arising out of any impairment
>                          of the availability of data, a program, a
>                          system or information, resulting from
>                          measures taken by an owner of
>                          copyright in a work of authorship, or
>                          any person authorized by such owner to
>                          act on its behalf, that are intended to
>                          impede or prevent the infringement of
>                          copyright in such work by wire or
>                          electronic communication; provided that
>                          the use of the work that the owner is
>                          intending to impede or prevent is an
>                          infringing use.' 
> 
>                          OR 
> 
>                          'No action may be brought under this
>                          subsection arising out of any impairment
>                          of the availability of data, a program, a
>                          system or information, resulting from
>                          measures taken by an owner of
>                          copyright in a work of authorship, or
>                          any person authorized by such owner to
>                          act on its behalf, that are reasonably
>                          intended to impede or prevent the
>                          unauthorized transmission of such work
>                          by wire or electronic communication of
>                          such transmission would infringe the
>                          rights of the copyright owner.'' 
> 

Let me put on my devil's advocate hat for a moment..

They are talking about preventing copyright infringement in the
context of wire or electronic communication. That is, jamming
Napster or perhaps exploit a weakness in the election protocol
for supernodes in the Kazaa network in order to force the
supernodes to be run on RIAA-controlled machines.

We're talking interference, jamming, chaffing. Not breaking and
entering into my and your computer.

-- 
LarsG