[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index]

[dvd-discuss] Re: Circumvention Device Definition

microlenz(at)earthlink.net wrote
> OK so what about sending out an email or flyers that say "you can
> create a circumvention device by doing the following ... [and several
> butcher's aprons later]...and that is how it can be done"?

	Memorize this footnote:

"FN275. During the trial, Professor Touretzky of Carnegie Mellon
University, as noted above, convincingly demonstrated that computer
source and object code convey the same ideas as various other modes of
expression, including spoken language descriptions of the algorithm
embodied in the code. Tr. (Touretzky) at 1068-69; Ex. BBE, CCO, CCP,
CCQ. He drew from this the conclusion that the preliminary injunction
irrationally distinguished between the code, which was enjoined, and
other modes of expression that convey the same idea, which were not,
id., although of course he had no reason to be aware that the
injunction drew that line only because that was the limit of the
relief plaintiffs sought. With commendable candor, he readily admitted
that the implication of his view that the spoken language and computer
code versions were substantially similar was not necessarily that the
preliminary injunction was too broad; rather, the logic of his
position was that it was either too broad or too narrow. Id. at
1070-71. Once again, the question of a substantially broader
injunction need not be addressed here, as plaintiffs have not sought
broader relief."


"Alternatively, even if such a categorical or definitional approach
were eschewed, the Court would uphold the application of the DMCA now
before it on the ground that this record establishes an imminent
threat of danger flowing from dissemination of DeCSS that far
outweighs the need for unfettered communication of that program. See
Landmark Communications, Inc. v.  Commonwealth of Virginia, 435
U.S. 829, 842-43, 98 S.Ct. 1535, 56 L.Ed.2d 1 (1978)."

Seth Finkelstein  Consulting Programmer  sethf@sethf.com  http://sethf.com
Anticensorware Investigations - http://sethf.com/anticensorware/
Seth Finkelstein's Infothought blog - http://sethf.com/infothought/blog/