[linux-elitists] Elcomsoft not guilty

Don Marti dmarti@zgp.org
Wed Dec 18 15:02:23 PST 2002

begin Rusty Foster quotation of Tue, Dec 17, 2002 at 10:19:01PM -0500:

> 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.

This verdict clearly represents a giant glowing neon Jury
Nullification of the anticircumvention provisions of the DMCA.
A blanket anticircumvention law, no matter how logical it may seem
to Bruce Lehman, is so unjust that if you pick 12 random citizens
and present it to them, they'll reject it.

We The People say to the copyright cartels: this goes too far.

Not convinced?  This should convince you: my hopeful interpretation
is exactly the opposite of what DMCA proponents want you to think.
They're desperately, frantically spinning it to say that the
acquital is merely the result of fine lawyering by Joseph Burton,
and an ever-so-exciting spat over the meaning of "willful", but
fair use was never an issue.  And innovators had better watch out
because future DMCA prosecutions can come at any time.

They're wrong.

The acquital is something we can take to Congress.  "Look,
people don't think laws against circumvention should apply to
non-infringers.  Please reform the DMCA to reflect this."

Even if the next round of the Lofgren and/or Boucher reform bill
fails, it gets the "DMCA suppresses free speech and fair use"
meme in front of the next group of potential jurors.

Don Marti

More information about the linux-elitists mailing list