[linux-elitists] Elcomsoft not guilty

Rusty Foster rusty@kuro5hin.org
Tue Dec 17 19:19:01 PST 2002


Michael Bacarella wrote:
> 
> > Evil has been struck yet another blow with the acquittal of
> > Elcomsoft of all  charges.
> 
> I don't mean to rain on any parades but..
> 
> 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?
> 
> If anything, doesn't this just help legitimize the DMCA?
> 

The DMCA is a law. It doesn't get any more legitimate than that, I'm
afraid. 

What this decision does mean is that the government has lost its first
trial test of the criminal provisions of the DMCA, and reports say that
it was at least partly due to the jury being confused by it. Many
analyses have pointed out that it's an unusually poorly written law,
perhaps in keeping with its muddled thinking and lack of demonstrable
public good. At the very least, this has set one precedent for a type of
case the government will now find it harder to win next time, which
means the DMCA is a little weaker today than it was yesterday.


--R
-- 
Rusty Foster :: rusty@kuro5hin.org :: http://www.kuro5hin.org
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