The two-edged nature of the DMCA
Posted Sep 5, 2002 14:37 UTC (Thu) by
Odinson (guest, #1402)
In reply to:
The two-edged nature of the DMCA by iabervon
Parent article:
The two-edged nature of the DMCA
That is exactly what we need. We need a logical fairminded judge to outright say, "This is rediculeous, this law contridicts itself and the first amendment." and if he sees the defense asserting things not in the law like the differance between closed and open software, he may examine the law closely enough to do that.
Of course this will be another dud if the prosicution is not witty enough to present the lack of legal backing in that assertation. But any negitivity about the DMCA uttered by a judge in his ruling will help future cases down the line.
Given enough court exposure the DMCA will die. And I think that acrobat authorship and the font format origin might just make the mindlessness of banning a useful tool instead of the act of misuse of a feature a little more clear.
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