Re: [dvd-discuss] dmca international?

[Tom <tom(at)lemuria.org>]

On Thu, Jan 17, 2002 at 10:48:49PM +0900, Jeremy Simmons wrote:
> >From general principles therefore I think your legal eagle is wrong, unless 
> there is some particular reference to German law in your opinion, ask for an 
> opinion from an expert in the field.

that is why I'm asking here. I, too, believe she is wrong, and if my
dim memory of a tar pit in the takedown provisions is true, there me be
trouble ahead.

I understand there's quite a few attorneys, law professors and other
experts on this list. I have, unfortunately, been barked at for the
request to be allowed publish her analysis, so I'll have to keep
details out of it. however, the reference is NOT to german law. it
references a public source (in german) by a prof called Hoeren. if
anyone has access to the usual german law publications, mail me
off-list and I'll provide a pointer.

one way or the other, this conclusion seems to be derived from
international law. it uses pretty much the same argument that the movie
mafia lawyers have been throwing around, namely that if it can be
downloaded in the US, then US law applies. this line of argument is so
outright stupid that I don't even know how to attack it, but if she is
right then it's the current reading among lawyers when it comes to
international copyright issues.


I have two agendas here. one is that I want to examine the argument
because if it turns out she's right, then we're all in for much more
evil than we thought. two, I hope she's right and I wish to show that,
because as the security guy there, the DMCA has a direct impact on my 
daily work, and we've already seen how good exactly the exceptions are,
and since parts of the anticircumvention is a CRIMINAL offense, I
wouldn't count on my company covering me when push comes to shove.
especially not when their official stance is that we need to obey by
it.


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