Re: [dvd-discuss] New DMCA case: ACLU sues filtering software makerN2H2

[Ken Arromdee <arromdee(at)rahul.net>]

On Sat, 27 Jul 2002 microlenz@earthlink.net wrote:
> While it shows that the DMCA is not well written, the court can resolve this 
> quite simply. I'm certain that the court can rule that "Of course he can do 
> that under 1201(a), so 1201(b) does not apply in this instance for his nobel 
> purposes....now as for the rest of you filthy degenerate hackers...."

But if a court does that, we still got a very important step taken.

If you look at the MPAA's excuses in the DeCSS case, they say that fair use
only applies to the content itself and that fair use of the content doesn't
imply that you're permitted to circumvent in order to access the content.

If a court says that being allowed to circumvent implies that you're allowed
do the things necessary to circumvent (even though the law as written denies
that), it's not so far to saying being allowed to use the content implies
that you're allowed to do the things necessary to get the content.