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

[Richard Hartman <hartman(at)onetouch.com>]

> -----Original Message-----
> From: Ravi Nanavati [mailto:ravi_n@mit.edu]
> Sent: Monday, September 10, 2001 10:54 AM
> To: dvd-discuss@eon.law.harvard.edu
> Subject: Re: [dvd-discuss] Re: Sen. Hollings plans to introduce DMCA
> seque l: The SSSCA
> 
> 
> >
> >
> >
> >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".
> 

If I buy a new answering machine and it doesn't offer
me the full security that is require by law, I should
have standing.  As should anybody else who buys that
new answering machine.  It would be a class-action suit
based upon non-compliance with the law, depriving me
(and others) of the security to which I am entitled by law.

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

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