Re: [dvd-discuss] NEC/Dell sells circumvention?

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

I have a friend well up in the Dell mgmnt chain.  I wrote to him
warning:

<blockquote>
Among the felonies outlined in the DMCA is "trafficking" in a
circumvention device or and "part, component, technology".  From the
following article it is difficult to see what legal fig leaf Dell or NEC
might have if the RIAA or the DOJ came knocking.
</blockquote>

and 

<blockquote>
So far the gov't and the MPAA, RIAA, have decided to pick on "despised
speakers" and foreign nationals.  Eventually someome may figure it's
time to shoot for the deep pockets.  A classic strategy -- pick on the
weakest to get a favorable precedent... then wait for somebody with
"deep pockets" to get to settle out of court.
</blockquote>

The latter I think is particularly a risk.  Imagine when all customers
of the Midbar Tech's Cactus Data Shield start suing them for fraud (and
then the investors follow suit) -- for selling a "patent medicine"
quality quackery of copy protection.  They are going to be actively
looking for *somebody* to blame and share the pain.  A small company
like Midbar will have no reason to flinch (like a AOL-TW knowing that
the knife cuts both ways) for using the "despised speaker" derived
precedents.

What is interesting is that Dell probably is at no risk from the gov't,
and yet this discriminatory application of law (such as in the GA sodomy
case) remains constitutional. (Why that doesn't violate equal protection
I have never understood)

.002

Michael A Rolenz wrote:
> 
> OK...how do you get Ashcroft to procescute NEC for providing for sale to
> the public a device that circumvents copy protection?
> 
> mickey <mickeym@mindspring.com>
> Sent by: owner-dvd-discuss@lweb.law.harvard.edu
> 12/30/01 06:28 AM
> Please respond to dvd-discuss
> 
> 
>         To:     dvd-discuss@lweb.law.harvard.edu
>         cc:
>         Subject:        [dvd-discuss] NEC/Dell sells circumvention?
> 
> Their DVD reader bypasses CD audio protection:
> 
> http://www.techtv.com/screensavers/supergeek/story/0,24330,2391656,00.html
> 
> Home for the holidays...
> mickeym