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Re: [dvd-discuss] dmca international?

I'm not surprised. The lawyer is protecting his client and is likely to 
take that interpretation. OTOH, as we have seen over and over again, the 
distinction between the medium and the material seems to be a subtle 
abstraction that the legal community (save notable exceptions :-) doesn't 
quite grasp. 

But it also raises some questions regarding the sovereighty of nations. 
Look at Dmitri. Assuming Russia were a party to a WIPO type treaty, then 
Russia might be required to prosecute him because of the DMCA even though 
what he is doing is legal and what Adobe is doing is not....OK turn that 
around, should the USA prosecute Adobe because they are providing ebooks 
in a illegal format in Russia?  While a WIPO, WTO treaty may provide 
general guidelines, there WILL be differences and most nations won't yield 
their sovereighty to another nation (usually called appeasement, 
annexation, conquered, or defeated).




Tom <tom@lemuria.org>
Sent by: owner-dvd-discuss@eon.law.harvard.edu
01/16/02 09:40 AM
Please respond to dvd-discuss

 
        To:     dvd-discuss@eon.law.harvard.edu
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        Subject:        Re: [dvd-discuss] dmca international?


On Wed, Jan 16, 2002 at 08:19:35AM -0800, Michael A Rolenz wrote:
> I guess the question is that while COPYRIGHT applies to works, the DMCA 
is 
> not a law regarding copyrights but "protecting" access and prohibiting 
> tools that "circumvent" access schemes. 

that was part of my argument agains this, but the legal guy essentially
said "it does without question govern copyright". I guess this is one
of the "legal hooks" the various behind-the-scenes documents mentioned,
namely that because SOME of it governs a copyright aspect, ALL of it
gets the full advantage of international agreements.

clever, these guys.


-- 
http://web.lemuria.org/pubkey.html
pub  1024D/D88D35A6 2001-11-14 Tom Vogt <tom@lemuria.org>
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