[linux-elitists] Elcomsoft not guilty

Don Marti dmarti@zgp.org
Tue Dec 17 14:29:39 PST 2002


begin Michael Bacarella quotation of Tue, Dec 17, 2002 at 04:49:30PM -0500:

> Can someone tell me why this is that good (I mean besides the people who
> faced punishment for it)? Isn't ElcomSoft simply getting off the hook
> because they proved they didn't mean to violate the DMCA?

Although it wasn't supposed to be part of the trial, fair use did
become an issue.

"Under the eBook formats, you have no rights at all, and the jury
had trouble with that concept."

-- Dennis Strader
   Jury foreman

AP story:
http://story.news.yahoo.com/news?tmpl=story&u=/ap/20021217/ap_on_hi_te/russian_programmer_4

The DMCA as it exists now violates ordinary people's sense of when
copying is right and when it's not.

People's sense of fairness has been shaped by VCRs, copiers and
cassette decks.  The content cartels have not made the case for
"meta-copyright".  The more people learn about this issue the less
it appeals to them.

The next time criminal charges are brought under the DMCA it will
have to be as part of a long list of charges against someone who's
also being prosecuted for something else.

A huge win for our side.

-- 
Don Marti
http://zgp.org/~dmarti
dmarti@zgp.org
KG6INA



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