Re: [dvd-discuss] TurboTax, The DMCA, The Copyright Power, and The Commerce Power

[microlenz(at)earthlink.net]

<good STUFF deleted>Half Time Recap...

.002's arguments have not addressed the Personal Property Aspect but
He has persuasively argued that the DMCA allows the creation of the most potent 
junk mail and SPAM possible so far. Previously, unsolicited merchandise 
received in the mail was legally a gift. As such it becomes personal property 
with NO obligation upon the recipient. Why? To discourage the use of the public 
mails for fraud and nuisance- "I've sent you this valuable $1000 item (actually 
paid $1.07 at the 99cents Store = fraud) and if you don't want it for $10 then 
return it at your expense (or ours but in either case = public nuisance)" and 
to prevent the creation of contracts without consent or negotiation. As a gift 
there is no obligation legally or morally. Gifts are that which is given freely 
without consideration or obligation.

With the DMCA in place, Idio-Twit can send you a diskette of TurboTax in the 
mail without the key and prevent you from using it as a gift. You can't use it 
without the key. You find the key and/or tell others you are breaking the law 
of the DMCA.  So Idio-Twit has sent you a totally useless piece of 
polycarbonate plastic that you must now dispose of....remember not to put it in 
the recycle bin because polycarbonate plastic is not recycled (at least where I 
live...I don't know about Culver City where Jim T. lives)..so ultimately it 
winds up taking up space with the AOL disks, the Earthlink disks, the other 
disks you receive in the mail until you dump it all into the public landfill - 
using up another public resource. Your unsolicited gift has created a whole set 
of legal and moral obligations for you. You can't use it as personal property. 
You must dispose of it properly (morally) and can't possibly get any benefit 
from your gift. So if it's not a gift dealing with it is a labor. 

So let's let every company do that! Or better still lets let them do it 
electronically..the ultimate SPAM. They can tie up my computer, my phone line 
and my time while they download the latest greatest software that I don't want, 
didn't ask for and if I try to do anything but delete it (PROVE TO ME THAT YOU 
DID THAT OR ELSE UNDER THE DMCA I WILL FILE A LAWSUIT AGAINST YOU)....It 
diminishes the use of my computer and telephone line (or cable, DSL whatever) 
for my benefit and benefits a corporation without any restoring "balance"

What .002 has demonstrated is that the DMCA has the potential for creating the 
most invasive SPAM and Junk mail so far...I wonder what other mischief they 
will create.