[dvd-discuss] Civil Disobedience and the DMCA

["Robert S. Thau" <rst(at)ai.mit.edu>]

Larry Blunk writes:

 >    In the case of civil infractions of the DMCA, the plaintiffs
 > are able to pick and choose who they go after.   Does the government have
 > such leeway in the case of criminal infractions?  Would their be any legal
 > precendents set if the government simply chose to ignore such actions?

In general, IIRC, prosecutors do have discretion as to whether or not
to bring a case even if they believe the law has been violated.
However, laws aren't like trademarks; failure to enforce one in the
past does not lessen the prosecutor's ability to bring charges in the
future. 

In any case, getting back to the subject line, people engaged in civil
disobedience as I understand it should be prepared to be prosecuted
--- it's the willingness to accept a penalty for a crime that they
regard as unjust which gives that kind of protest its moral force.
From Martin Luther King's "Letter from Birmingham Jail" (note the
title):

  In no sense do I advocate evading or defying the law...  That would
  lead to anarchy. One who breaks an unjust law must do so openly,
  lovingly, and with a willingness to accept the penalty. I submit
  that an individual who breaks a law that conscience tells him is
  unjust and who willingly accepts the penalty of imprisonment in
  order to arouse the conscience of the community over its injustice,
  is in reality expressing the highest respect for law.
  
The text is on line at:

  http://almaz.com/nobel/peace/MLK-jail.html

It's a good read.

rst