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

["Michael A Rolenz" <Michael.A.Rolenz(at)aero.org>]

A more interesting question is what things has the customs department put 
on the list of things banned under the DMCA?
This one seems pretty innocuous and surprising since they no longer 
produce or support the unit. The other question is what the impact upon 
the "after market" is. 




Richard Hartman <hartman@onetouch.com>
Sent by: owner-dvd-discuss@eon.law.harvard.edu
02/12/02 09:41 AM
Please respond to dvd-discuss

 
        To:     "'dvd-discuss@eon.law.harvard.edu'" <dvd-discuss@eon.law.harvard.edu>
        cc:     "'Seth Johnson'" <seth.johnson@realmeasures.dyndns.org>
        Subject:        RE: [dvd-discuss] DMCA Blocks Import for Fair Use?


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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