Re: [dvd-discuss] Felten Opp to DoJ Motion to Dismiss

[mickey <mickeym(at)mindspring.com>]

From the DOJ's paper, in the preliminary statement:

"Plaintiffs have not been prosecuted under the DMCA, nor have they been threatened
with
such prosecution ."

This is not true.

"Although they allege that they are "concerned " about the applicability of the
DMCA to their future publications, they do not allege with any specificity what
those future
publications might be, and thus neither they (nor, indeed, this Court) can say
with any certainty
whether the DMCA would apply to their conduct."

This sentence is what really bothers me about the DMCA. Here, the DOJ states that
they consider publishing to be conduct. When publishing becomes conduct, it
becomes easily regulated.

Freedom of the press? Obsolete.

mickeym


"James S. Tyre" wrote:

> [Just in case one or three might be mildly interested in our opposition to
> the government's motion to dismiss, done yesterday, in _Felten v.
> RIAA.  Dates on the first two items should be Oct. 24, not Aug. 13.]
>
> http://www.eff.org/Legal/Cases/Felten_v_RIAA/
>
> EFF/Felten Opposition Brief against DoJ Motion to Dismiss -
> EFF/Felten Plaintiffs' Brief in Opposition to Dept. of Justice's Motion To
> Dismiss; opposing the DoJ & RIAA to allow scientists to publish research
> without fear of lawsuits and arrest, in Felten v. RIAA (Aug. 13. 2001) [PDF
> format]
> http://www.eff.org/Legal/Cases/Felten_v_RIAA/20011025_eff_felten_opp_brief.pdf
>
> EFF/Felten Opposition Brief against DoJ Motion to Dismiss -
> EFF/Felten Plaintiffs' Brief in Opposition to Dept. of Justice's Motion To
> Dismiss; opposing the DoJ & RIAA to allow scientists to publish research
> without fear of lawsuits and arrest, in Felten v. RIAA (Aug. 13. 2001)
> [RTF/RichText format, readable with any word processor]
> http://www.eff.org/Legal/Cases/Felten_v_RIAA/20011025_eff_felten_opp_brief.rtf
>
> Supplemental Declaration of Ed Felten -
> Plaintiff Prof. Edward W. Felten's supplemental declaration on how the DMCA
> impedes scientific research and publication, and could even harm U.S.
> anti-terrorism efforts. (Oct. 22, 2001) [PDF version]
> http://www.eff.org/Legal/Cases/Felten_v_RIAA/20011022_felten_sup_decl.pdf
>
> Supplemental Declaration of Ed Felten -
> Plaintiff Prof. Edward W. Felten's supplemental declaration on how the DMCA
> impedes scientific research and publication, and could even harm U.S.
> anti-terrorism efforts. (Oct. 22, 2001) [RTF/RichText version, readable
> with any word processor]
> http://www.eff.org/Legal/Cases/Felten_v_RIAA/20011022_felten_sup_decl.rtf
>
> Supplemental Declaration of Bede Liu -
> Plaintiff Dr. Bede Liu's supplemental declaration on how the DMCA harms the
> ability of scientists to do their jobs and publish their research findings.
> (Oct. 22, 2001) [PDF version]
> http://www.eff.org/Legal/Cases/Felten_v_RIAA/20011021_liu_sup_decl.pdf
>
> Supplemental Declaration of Bede Liu -
> Plaintiff Dr. Bede Liu's supplemental declaration on how the DMCA harms the
> ability of scientists to do their jobs and publish their research findings.
> (Oct. 22, 2001) [RTF/RichText version, readable with any word processor]
> http://www.eff.org/Legal/Cases/Felten_v_RIAA/20011021_liu_sup_decl.rtf
>
> Supplemental Declaration of Scott Craver -
> Plaintiff Scott Craver, Princeton U. grad student, supplemental declaration
> on how the Dept. of Justice has fundamentally misunderstood, in its motion
> to dismiss, the scientific issues and standard practices at stake. (Oct.
> 23, 2001) [PDF version]
> http://www.eff.org/Legal/Cases/Felten_v_RIAA/20011023_craver_sup_decl.pdf
>
> Supplemental Declaration of Scott Craver -
> Plaintiff Scott Craver, Princeton U. grad student, supplemental declaration
> on how the Dept. of Justice has fundamentally misunderstood, in its motion
> to dismiss, the scientific issues and standard practices at stake. (Oct.
> 23, 2001) [RTF/RichText version, readable with any word processor]
> http://www.eff.org/Legal/Cases/Felten_v_RIAA/20011023_craver_sup_decl.rtf
>
> Declaration of Gene Spafford -
> Purdue U. Prof. Eugene H. Spafford's declaration in support of plaintiffs,
> on how the DMCA prevents the development and distribution of forensic tools
> needed by computer scientists to investigate system security breaches.
> (Oct. 22, 2001) [PDF version]
> http://www.eff.org/Legal/Cases/Felten_v_RIAA/20011022_spafford_decl.pdf
>
> Declaration of Gene Spafford -
> Purdue U. Prof. Eugene H. Spafford's declaration in support of plaintiffs,
> on how the DMCA prevents the development and distribution of forensic tools
> needed by computer scientists to investigate system security breaches.
> (Oct. 22, 2001) [RTF/RichText version, readable with any word processor]
> http://www.eff.org/Legal/Cases/Felten_v_RIAA/20011022_spafford_decl.rtf
>
> Declaration of Ross Anderson -
> Cambridge [UK] Univ. Prof. Ross John Anderson's declaration, on the
> importance of security engineering, and on how the RIAA has abused the DMCA
> to suppress research about security weaknesses in SDMI. (Oct. 22, 2001)
> [PDF version]
> http://www.eff.org/Legal/Cases/Felten_v_RIAA/20011022_anderson_decl.pdf
>
> Declaration of David Wagner -
> UCB Asst. Prof. David Wagner's declaration in support of plaintiffs, on the
> chilling effects of the DMCA on security and encryption research. (Oct. 22,
> 2001) [PDF version]
> http://www.eff.org/Legal/Cases/Felten_v_RIAA/20011022_wagner_decl.pdf
>
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> James S. Tyre                               mailto:jstyre@jstyre.com
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