[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index]

RE: [dvd-discuss] Judge Rejects Challenge to eBook Case




> -----Original Message-----
> From: Michael A Rolenz [mailto:Michael.A.Rolenz@aero.org]
> Sent: Monday, May 13, 2002 12:54 PM
> To: dvd-discuss@eon.law.harvard.edu
> Subject: [dvd-discuss] Judge Rejects Challenge to eBook Case
> 
> 
> <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.
> 

I believe that the DMCA explicitly mentions that nothing
in the act should be taken to negate fair use provisions.

Congress could NOT have meant to ban circumvention tools
completely if that clause is included.

-- 
-Richard M. Hartman
hartman@onetouch.com

186,000 mi./sec ... not just a good idea, it's the LAW!