[svlug] [ruben@sruben.dental.nyu.edu: [nylug-talk] Demonstration Anouncement]

[Ruben I Safir]

Seth David Schoen wrote:
> 
> Ruben I Safir writes:
> 
> > Thanks Seth
> >
> > During the Hearing the Libraries made it clear they were concerned to
> > even attempt to decrypt access control measures because of the Criminal
> > prosecution codes of the DMCA, and the Copyright office concurred.
> 
> But libraries are exempt from criminal prosecutions under the DMCA!
> 17 USC 1204(b).
> 

That's right.  They actually mentioned the NYS case at that point in the
hearing as evidence that the courts are disregarding the provisions
designed be protective of certain activities in relationship to access
controls.


But MORE IMPORTANTLY - The proponents of the DMCA and strict
interpetation of the act, including Adobe and Time-Warner  keep saying
that unauthorized Access is like breaking and entering :)  Breaking and
entering is a Criminal Offense :0 - and you can go to Jail.  Johansen,
indeed DID go to jail.  Distributing the DeCSS code (Or wearing a Tee
Shirt with the Code), the means of reverse engineering DVD players for
the Linux family of OS's, seems to be criminal.

When Sorkin was asked about this at the Copyright Office in Standford,
he said that Linux was not an authorized viewer, and therefor, there is
no Fair Use reason to circumvent Access Controls.

As such, the arguments go around in a circle........

The Librarian who made the statements of fear is in the Stanford Q&A
audio files.

I listened to over 20 hours of Tapes - I think.

Better than Watergate.

If gaining access by breaking access control isn't criminal - then it
seems Adobe and Time have a hole a mile wide in the Arguements they are
presenting in Court, in Testimony to the Copyright Office, and to the
Public....

Hmmm - Isn't that fun..... ;)


 

> Can you tell me where to find this concern of the libraries?
> 
> > Prosecution under the DMCA is NOT prosecution for Copyright
> > infringement.
> >
> > In fact, the Congress, in it's discussion and hearing, including Orin
> > Hatch, make it clear that the DMCA is not an exercise of Congresses
> > Copyright Powers, but under the Commerce Clause.
> 
> Yeah.  <grumble, grumble>
> 
> --
> Seth David Schoen <schoen at loyalty.org>  | And do not say, I will study when I
> Temp.  http://www.loyalty.org/~schoen/  | have leisure; for perhaps you will
> down:  http://www.loyalty.org/   (CAF)  | not have leisure.  -- Pirke Avot 2:5
> 
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-- 
Ruben I Safir

ruben at sruben.dental.nyu.edu
ruben at wynn.noSppam.com

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