RE: Clarification (RE: "Fair Use" Is Getting Unfair Treatment)

["Rick Anderson" <rickand@unr.edu>]

> Now, if JD Sallinger were to have written me the letter in code, and not
> told me the code, I would be in the position of owning the paper and the
> ink, but still be unable to read it. However, if I were to figure out the
> code on my own, I could read it. If it were subject to the DMCA, I would
> not have the right to figure out the code.

Right, and as I think we all agree, that's a big problem with the DMCA.
But that's only half the question.  Here's the other half: Suppose _you_
own the copyright to the letter.  Does that give you the right to encode
it yourself so that others cannot access it?  If not, then this whole
issue is moot. But if so, then one thing the DMCA does is protect you from
those who would decode it without your permission.  Is that protection a
good thing?  If not, why not?

-------------
Rick Anderson
Director of Resource Acquisition
The University Libraries
University of Nevada, Reno      "I'm not against the modern
1664 No. Virginia St.            world.  I just don't think
Reno, NV  89557                  everything's for sale."
PH  (775) 784-6500 x273
FX  (775) 784-1328                  -- Elvis Costello
rickand@unr.edu