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Re: [dvd-discuss] The power of a click

Part of the problem Kaplan and the appellate court have been 
grappling with is the ease with which something can be done 
(mouse click) and disseminated (internet). While I can understand 
their concerns, creating the fiction of "functional" speech is not the 

Date sent:      	Sun, 2 Dec 2001 02:46:32 -0800 (PST)
From:           	Bryan Taylor <bryan_w_taylor@yahoo.com>
Subject:        	Re: [dvd-discuss] The power of a click
To:             	dvd-discuss@eon.law.harvard.edu
Send reply to:  	dvd-discuss@eon.law.harvard.edu

> --- mickey <mickeym@mindspring.com> wrote:
> > 
> > How does one measure the effort required to click a mouse? In the
> > past, it was a neat thing when machines could do work "at the push
> > of a button." Today, the click is seen as an effortless way to
> > initiate a series of instructrions in a list. But the thing I am
> > having trouble figuring out is this:
> > 
> > How can a click be an effortless and mindless action, as in starting
> > a circumvention program, while also being used to verify that one
> > has applied careful consideration to a(n) EULA?
> Oh, that is a very good point!! 
> The idea that the amount of physical motion of an act is a
> consideration in deciding who is responsible for its results has no
> basis in law. However subtle the mostion, there is nothing subtle
> about the state of mind that it represents. DeCSS is not some kind of
> software booby trap that decrypts without an absolutely clear intent
> to engage in the conduct of decryption solely on the part of the user.
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