[dvd-discuss] Judge Rejects Challenge to eBook Case

["Michael A Rolenz" <Michael.A.Rolenz(at)aero.org>]

<Snip-good stuff from EFFector 15.13 deleted. >

Electronic Frontier Foundation Media Release
Judge Rejects Challenge to eBook Case
Rules Digital Copyright Law Trumps Free Speech
For Immediate Release: Wednesday, May 8, 2002

San Jose, CA - A federal judge today denied a Russian software vendor's 
request to dismiss criminal charges against the company for violations of 
the Digital Millennium Copyright Act (DMCA).


<Snip>

Despite acknowledging a lack of clarity in the Congressional record 
surrounding the adoption of the DMCA, Judge Whyte ruled that due process 
was not violated. He said the plain meaning of the DMCA statute was to ban 

circumvention tools completely because Congress had assumed that "most 
uses" of the tools would be for unlawful infringement rather than fair or 
noninfringing uses.

On Elcomsoft's First Amendment argument, Judge Whyte ruled that the 
computer program qualifies as speech, rejecting the government's argument 
that software is not speech. The court then ruled that the First Amendment 

was satisfied because the government's purpose was to control the 
"function" of the software rather than its "content," and that the statute 

did not ban more speech than necessary to meet its goal of preventing 
piracy and promoting electronic commerce.

<Snip>

One stalemate. One victory. 

What is interesting is that several judges have been commenting on the 
lack of clarity in the Law and the Congressional record. He wants to have 
the trial. It's a precarious argument that if a tool is developed that CAN 
have infringing uses, that the developers are guilty by association.