RE: [dvd-discuss] DMCA Blocks Import for Fair Use?

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

Definately contact your congresscritter.  And yes, I would persevere with
the customs office while you are waiting for a response (if any) from your
representative.  Depending upon your resources, perhaps you can get some
sort of  injunction preventing them from returning the package until the
case is resolved.

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

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


> -----Original Message-----
> From: Seth Johnson [mailto:seth.johnson@realmeasures.dyndns.org]
> Sent: Tuesday, February 12, 2002 9:18 AM
> To: C-FIT_Community@realmeasures.dyndns.org;
> C-FIT_Release_Community@realmeasures.dyndns.org;
> fairuse-discuss@mrbrklyn.com
> Cc: dvd-discuss@eon.law.harvard.edu
> Subject: [dvd-discuss] DMCA Blocks Import for Fair Use?
> 
> 
> 
> (Forwarded from DMCA Discussion list,
> dmca_discuss@lists.microshaft.org)
> 
> -------- Original Message --------
> Subject: [DMCA_discuss] Shafted by the DMCA
> Date: Tue, 12 Feb 2002 10:59:34 -0600
> From: Colin McMillen <mcmi0037@tc.umn.edu>
> 
> 
> I currently have a run-in with the DMCA that I believe may
> be relatively unique.
> 
> I'm currently enrolled in a Real-Time Systems lab here at my
> university (U. of Minnesota). As part of the lab, we are
> using the Sega Dreamcast console as an RTS; we'll be writing
> a scheduler for it and some simple games.
> 
> I believe (although I can't currently find the link) that
> the Sega executives have officially said it's OK for
> "amateurs" to develop for the Dreamcast, especially since
> they no longer produce/support the console.
> 
> I ordered a Dreamcast Coders' Cable (a little device that
> plugs into the DC and allows you to upload your code at
> 115200 bps to the DC) from lik-sang.com, a dealer based in
> Hong Kong. This is a necessary item for amateur DC coding
> (unless you want to fork out the money a more expensive
> piece of hardware that does the same thing but with a higher
> transfer rate).  The package was supposedly shipped UPS
> express, to arrive here in 3-5 days.
> 
> After nearly two weeks of waiting, I determined that the
> package had been sitting in a warehouse in Louisville for
> over a week. I e-mailed UPS customer service about the
> delay, and got the following response:
> 
> "Thank you for your inquiry.  We sincerely apologize for any
> inconvenience caused by this matter.  Our system indicates
> this package has been denied entry into the US by US customs
> authorities due to the DIGITAL MILLENNIUM COPYRIGHT ACT.
>  The shipper of record has been notified and the package
> will be returned to the shipper."
> 
> Now, I have a perfectly legitimate use for this cable, and
> no illegitimate use, I do not own any DC games, legal or
> pirated, nor do I have any real desire to. Classes simply
> take too much of my time. The DC isn't even mine; it's my
> roommate's.
> 
> My questions are: do I have any legal recourse? For all I
> know, the $45 I spent on the item and its shipping are gone
> forever; I have no idea what my chances are of getting it
> back from a retailer in a foreign country. Should I push
> this issue with the customs offices? At the very least, I'm
> going to snail-mail my local legislators. Any other
> suggestions, though?
> 
> - Colin McMillen
> 
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