[svlug] Re: [nylug-talk] Bunch of Cuckoo's FoilingNapsterUsers??

[Ruben I Safir]

That's what I'm afraid of... that the two cases are going to be
linked when they are really unlike eachother in every respect.

Napstar is a traditional corparation guilty of traditional
copyright infringment.

The DeCss is not produced by any company and is being prosecuted
under a provision of the DMCA which would normally be unquestioanbly
legal without the DMCA.

I would argue that even UNDER the DMCA it is legal under the fair use 
provision and the reverse engineering provision.

The MPAA is trying to sweep those two clauses undere the rug.
Now - since the court agreed, the entire statuted should be declared
an unconstitutional infringment on Property rights, and free speech:
ie "Fair Use".

Ruben
> 
> > also why it's important to understand the difference between a Napstar
> > losss and a DeCss loss.  I'd hate to see facts of the Napstar case which
> > are unique to Napstar undermine the DeCss case.
> 
> Yes, so why does it seem to me that you are trying to undermine Napster,
> and claiming how much "evil" it is? US law is based on precedent, and
> if Napster loses, it's going to affect DeCSS at least in some
> ways.
> 
> > Ruben I Safir
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