Re: [dvd-discuss] NEC/Dell sells circumvention?

[Noah silva <nsilva(at)atari-source.com>]

On Mon, 7 Jan 2002, John Zulauf wrote:

> I have a friend well up in the Dell mgmnt chain.  I wrote to him
> warning:
> 
> <blockquote>
> Among the felonies outlined in the DMCA is "trafficking" in a
> circumvention device or and "part, component, technology".  From the
> following article it is difficult to see what legal fig leaf Dell or NEC
> might have if the RIAA or the DOJ came knocking.
> </blockquote>

They would have the "it has legitimate uses" one that decss had.  Only the
judge will allow it for NEC and DELL since they are big companies instead
of "hackers".

> and 
> 
> <blockquote>
> So far the gov't and the MPAA, RIAA, have decided to pick on "despised
> speakers" and foreign nationals.  Eventually someome may figure it's
> time to shoot for the deep pockets.  A classic strategy -- pick on the
> weakest to get a favorable precedent... then wait for somebody with
> "deep pockets" to get to settle out of court.
> </blockquote>

Sadly this is true.  You think 2600 lost because they were legally wrong,
or because the judge took one look at them and decided they "should be
wrong" because they were "obviously hackers".?
 
> What is interesting is that Dell probably is at no risk from the gov't,
> and yet this discriminatory application of law (such as in the GA sodomy
> case) remains constitutional. (Why that doesn't violate equal protection
> I have never understood)

I would submit that it DOES violate equal protection, but unfortunatly, I
don't think you can sue for that.

what we can do is use it to our advantage and buy NEX DVD drives ;)


 -- noah silva