Archive of UserLand's first discussion group, started October 5, 1998.

DeCSS decision

Author:Jacob Levy
Posted:8/18/2000; 8:37:28 AM
Topic:DeCSS decision
Msg #:19821
Prev/Next:19820 / 19822

Dave,

You argue that the decision in the DeCSS case is flawed, because the judge associates distributing a program that breaks copy protection with political assassination.

If that is the sole basis for your argument, I'm afraid you can pack up and leave, because the DCMA law says it's illegal to distribute or make a program whose purpose is to circumvent a legal copyright. The judge's hands were tied in this case, sorry.

Note that I'm NOT defending this law or even expressing an opinion about it. This law surely needs to be challenged in court, to get case history and precedent established. Whatever the judge decided, it would get challenged and bumped up to the next rung in the legal system's court ladder.

I agree that the language and comparisons used by the judge, as quoted, seem extreme, unrealistic and even unfair. Machiavellianly thinking now, it seems like the judge realized that an appeal was going to happen no matter what, and that he believes the first ammendment rights will come out on top in the end, so he set things up so that the MPAA has more to lose in the next battle.

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