The Circuit Court of Appeals Trims the RIAA's DMCA Wings (Groklaw)
Posted Dec 22, 2003 2:33 UTC (Mon) by
jre (guest, #2807)
In reply to:
The Circuit Court of Appeals Trims the RIAA's DMCA Wings (Groklaw) by TimCunningham
Parent article:
The Circuit Court of Appeals Trims the RIAA's DMCA Wings (Groklaw)
A reasonable question.
There are more questions and issues related to digital freedom than one can shake an amicus brief at, and it is a judgment call whether a given one of these has something to do with free software. But this one is an easy call: whether the DMCA is interpreted narrowly or broadly has a lot to do with free software. Two examples may help:
(1)
The RIAA has already
threatened litigation to stop Ed Felten from publishing a research paper on SDMI. More recently, another feeble "digital security" measure was reviewed by a Princeton student, prompting similar threats. Free software is all about the freedom to inspect, modify, improve and distribute code. The RIAA is an organization with a strong motivation to choke off communication as a tactical means of resisting perceived threats to its interests. Defending the First Amendment is not at the top of the RIAA's priorities. It is, or ought to be, for free software advocates.
(2) The DMCA, and RIAA's use of it, have been
cited approvingly by SCO as an example and an indication of how they intend to press their case. If the courts look kindly on a broad interpretation of the DMCA's provisions, such as the "automatic subpoena" under review in this case, it is a good bet that we will see companies with no love for free software use the DMCA to its detriment.
(
Log in to post comments)
