RE: DMCA alternatives (RE: Clarification (RE: "Fair Use" IsGetting Unfair Treatment)

["Jeffrey Earnest" <jearnest@nu.edu>]

In reference to Rick Anderson's statement, "I'm not saying this analogy is
perfect.  But I'm still waiting for someone to point out what's wrong with
it."

>From my perspective, what is wrong is that it is an analogy; it can't be
perfect.  What we should be doing is arguing on the merits of the case at
hand. Our society of reasonable, prudent people should be able to make the
kind of distinction we're talking about here.  No, we don't want to make
breaking and entering legal, even if the reason we want to be inside is
completely innocent. But, that being understood and agreed upon does not
preclude us from objecting to and attempting to invalidate a law that
makes one a criminal for circumventing technology.  That is the issue,
which Rep. Rick Boucher has understood: "It's a broad overreach to have a
person arrested under the federal criminal laws simply because they made
software that circumvents a technological measure, I think the current
case adds impetus to the growing effort to fashion an amendment to the
DMCA that would restore the classic balance (of fair use rights),"

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Jeffrey Earnest
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