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

Re: DeCSS decision

Author:Seth Gordon
Posted:8/18/2000; 11:50:16 AM
Topic:DeCSS decision
Msg #:19831 (In response to 19824)
Prev/Next:19830 / 19832

The judge ruled that according to the most reasonable interpretation of Congress's intent in passing the DMCA, the folks at 2600 (the defendants) were violating the law.

If he'd been convinced that 2600 was engaged in constitutionally protected free speech, DMCA or no DMCA, he could have ruled for the plaintiffs. However, the First Amendment issue was hardly a slam-dunk, and we all knew that whichever side loses this case is prepared to appeal all the way to the Supremes. So I can't fault the judge for focusing his trial on the facts and letting the appeals courts haggle over the constitutional issues.



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