Re: [SLUG-POL] Re: [SLUG] The skies have darkened

From: Paul M Foster (paulf@quillandmouse.com)
Date: Thu Aug 30 2001 - 18:54:40 EDT


On Thu, Aug 30, 2001 at 01:20:26PM -0400, Robert Haeckl wrote:

> 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 not sure he realized that U.S. authorities would so closely resemble
the old Soviet regime he grew up in.

> 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.

Just be glad you're not producing guns. ;-}

>
> 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.

Agreed.

>
> 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.
>

I tend to agree with you. I don't know that Dimitry has much of a chance
unless this goes all the way to the Supreme Court. The evilness of the
DMCA is the real problem. It's about control and power.

Paul



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