Re: [dvd-discuss] Re: Sen. Hollings plans to introduce DMCA seque l: The SSSCA

[Ravi Nanavati <ravi_n(at)mit.edu>]

>
>
>
>If this monstrosity gets passed, could we overload the courts 
>w/ lawsuits against companies that manufacture any digital 
>device that does not conform to the law (such as digital 
>answering machines) and, in so doing, bring the inconsistancies 
>& impracticalities to theattention of the public and the courts?
>
>We don't _have_ to let them get away with selective enforcement.
>By insisting on full enforcement we would be able to break
>them, I think.
>
IANAL, but it seems to me the thing that would make that strategy 
difficult to pull
off would be the question of standing. We might want to file suits to 
highlight the
true implications of the law, but if we don't have standing  our suits 
will be dismissed
before we get that far. The Felten case notwithstanding, the thing that 
makes our
legal battle harder is that we are almost always playing "defense" not 
"offense".

 - Ravi Nanavati