[free-sklyarov] Fighting the DMCA

John Colter jcolter11374 at hotmail.com
Fri Jul 20 22:25:51 PDT 2001


I see your point. However, I am not exactly sure how the courts have 
interpreted the second amendment in its relation to private gun ownership 
(meaning that there are obviously some limitations imposed by the current 
court system).

Also I think that it would possibly confuse the public that we are "cyber 
terrorists" or something to that effect. That is just MO YMMV.




>From: "Chad Horton" <kupek at ntplx.net>
>To: <free-sklyarov at zork.net>
>Subject: [free-sklyarov] Fighting the DMCA
>Date: Sat, 21 Jul 2001 01:05:22 -0400
>
>I've had a thought that I've been tossing around for a few months now, but
>haven't had any idea what to make of it. With these new events, and the 
>DMCA
>coming closer and closer to the public eye, I'm wondering if I might be 
>able
>to contribute something useful to the fight to get rid of it.
>
>So far, most of the defenses of things like DeCSS that I've seen focus on
>arguing soruce code as a form of speech. IMO, this is a bit of a stretch 
>and
>doesn't seem to have done all that good of a job. Has anyone ever 
>considered
>an attack on the DMCA under the 2nd Amendment, the right to bear arms? As I
>understood it from my American Political Systems class, the 2nd Amendment
>was created to preserve the power of the people to stand up to the Federal
>Government if it ever got too Big Brother-like (Yes, I realize that 
>specific
>term didn't exist at the time). In many ways, "circumvention devices" are
>much like weapons of the internet. This alone may seem like a bit of a
>symblolic stretch of the original intent, but dictionary.com defines arm(s)
>as "A weapon, especially a firearm", and also "(Law) Anything which a man
>takes in his hand in anger, to strike or assault another with; an 
>aggressive
>weapon. --Cowell. Blackstone". With all the effort that the MPAA went
>through comparing DeCSS to a crowbar used to break into a museum, it could
>certainly be argued that things like DeCSS and the Advanced eBook Processor
>as weapons. Of course, pushing these as weapons could also do just as much
>damage if not handled carefully.
>
>I had made a post on slashdot.org about this awhile ago, under the username
>Gerad. I never got any interesting feedback about it, other than "Wow,
>that's a really interesting idea". If folks on this list think this idea 
>has
>merit, I'm thinking about writing the EFF about it to see what they
>think.
>
>----
>Chad "kupek" Horton | kupek at ntplx -dot- net
>ICQ:1994680 | AIM:KupekCH
>~Free...The Dream Within~
>
>
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