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


Customs Directive No.  2310-005A

   Date:  April 7, 2000

   Originating Office:  ORR

   Supersedes:  2310-005 Sept. 28, 1989

   Review Date:  April 2002

7.            DIGITAL MILLENNIUM COPYRIGHT ACT.  Customs policy has not 
yet been
   established.  Once instructions have been formulated and cleared, they 
will be posted
   to the OTO-1 Bulletin Board.  In the interim, Customs officers should 
neither detain nor
   seize so-called "contributory infringement" devices, or devices which 
are alleged to
   circumvent copyright protection measures of the Digital Millennium 
Copyright Act,
   unless specifically advised by the OR&R, IPR Branch.

Evidently this has changed. The question is what direction ARE they 
working with?

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

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
> ------------------------
> http://www.anti-dmca.org
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