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RE: DMCA alternatives (RE: Clarification (RE: "Fair Use" IsGetting Unfair Treatment)
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- Subject: RE: DMCA alternatives (RE: Clarification (RE: "Fair Use" IsGetting Unfair Treatment)
- From: "Rick Anderson" <firstname.lastname@example.org>
- Date: Fri, 31 May 2002 16:53:19 EDT
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> 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. I guess the whole point of my analogy was to illustrate an argument that is exactly the opposite of yours, Jeff. It seems to me that "circumventing technology" is indeed a problem if it means doing something that is substantially like breaking and entering. I keep trying to think of another area of law that grants one person the right to lock something up while simultaneously granting someone else the right to pick the lock, and I can't think of one. > 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)," Actually, Boucher is addressing a different issue: that of criminalizing the creation of software that could be used for hacking. It seems to me that what should probably be criminalized is the hacking behavior itself (regardless of whether the hacking then results in a copyright violation). ------------- Rick Anderson Director of Resource Acquisition The University Libraries University of Nevada, Reno "That wasn't a Freudian slip; 1664 No. Virginia St. it was a Jungian slip." Reno, NV 89557 -- Dr. Katz PH (775) 784-6500 x273 FX (775) 784-1328 email@example.com
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