I just joined the slug-politics list. Hello, everybody!
My thoughts on this particular thread.
I don't believe Dmitri came over here as some kind of heroic angel and
throw himself in front of the DMCA. He was representing his company and
giving a speech about his product and efforts. I'm sure he also wasn't
ignorant about what he might be getting into. Regardless of his intent
(although the courts have to figure that out), his case is an initial
test of the constitutionality of the DMCA. I hope it makes it's way to
the Supreme Court and at least parts of it are deemed unconstitutional.
I'm sure a lot of computer viruses were designed using MS software, but
you don't see MS defending itself for providing the means to commit a
crime (replace MS with GNU if you want.) If I produce tire irons for a
living, I hope I don't get dragged into court for producing a means to a
crime.
Many businesses make products that extend the usefulness of other
products and the initial producer may have to redesign their product to
keep up the demand for it. This is a matter of competition and an
inherent necessity of good capitalism. In my mind, the DMCA is not just
an extension of IP owner's rights, but actually subverts good
competitive practices.
I don't know what arguments Dmitri's legal team is using, but short of
crying foul about the DMCA, he's in trouble and so will a lot of
developers in the coming years.
-Robert
herrold wrote:
>
> On Wed, 29 Aug 2001, Derek Glidden wrote:
>
> > Dmitri has been indicted on five counts:
> >
> > All for doing something that's legal in his own country and probably
> > unconsitutional in this one.
>
> I suggest that this thread is more appropiate for slug-politics
> list, and that it should relocate there -- instructions for
> subscribing on the SLUG webpages ...
>
> As I recall the report in the popular press, he also had with him in
> Las Vegas 500 CD's to sell/give away -- that would imply an intent
> to distribute on US soil ...
>
> ... The case is not as one sided, if one is not cognizant of
> 'Freedom Software' politics (as John Q Public is preceived to be),
> as it might seem.
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