[ale] DMCA Protests]

Joseph A. Knapka jknapka at earthlink.net
Tue Jul 24 14:00:50 EDT 2001


Wandered Inn wrote:
> 
> Chris Woodruff wrote:
> >
> > The real issue is that the DMCA makes developing the tools to bypass locks
> > illegal.  I am not advocating that all content be free.  It shouldn't and
> > should be the property of the author.  What I do see as a problem is that I
> > am not allowed to produce a copy for my own use.  If I have a lockpick
> > should I be arrested simply because I could pick a lock and steal another
> > person's property?  That is what the DMCA is saying.  Simply because you
> > have possession of technology that could be used to break the safeguards of
> > copyrighted material or content you should be and will be arrested or fined.
> > I always thought that it was illegal to commit a crime and not have the
> > power to commit.  That is what I am saying.
> 
> Two issues here, one you've made explicitly, the other not so obvious.
> I'm not sure which side of the fence I'm on regarding the 'owning a lock
> pick.'  For example, I personally feel we should all be free to own a
> gun, but I can see where that issue gets very gray when that gun is an
> ak47.  (let's not start a 'right to bear arms' thread here please).
> There is a difference between owning a 'tool' that can be used in a
> crime, and one that is designed for no other purpose then to commit a
> crime.

There are certainly legal reasons to own a lock pick. You might
be a locksmith, for example.
 
> The other issue is, exactly how good is the technology if someone is
> able to crack it?

Absolutely. If it's illegal to make security-defeating tools, then
there is no real security, only the illusion thereof. If Adobe or
anyone else is using the DCMA as an excuse to avoid supplying real
security in their products, they're idiots, because mere illegality
never stopped anyone. (OK, it stops some people, but not everyone.)

> In the case of the Russian programmer, he could have
> kept this info to himself, or sold it on the black market.  Then where
> would they be?  I do not know his full intent, but he was making a
> presentation at a tech conference, he was not standing on the side of
> the road selling this stuff to the highest bidder.  I think intent has a
> lot to do with how the law should be applied.
>
> > The DMCA should be struck down and the laws on the books should be enforced.
> > There are enough laws currently to stop the people who commit crimes
> > regarding copyright material violations.  Why do we need more?
> 
> I agree, the DMCA sucks.

Yep. Dmitry Sklyarov is getting a very bad deal, and deserves
our support.

-- Joe Knapka
"You know how many remote castles there are along the gorges? You
 can't MOVE for remote castles!" -- Lu Tze re. Uberwald
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