[free-sklyarov] Generic reply to the "break into your house" comments

[Klepht]

>>>>> "m" == mickey  <mickeym at mindspring.com> writes:

    m> Yes, as would anyone. Yet, your example isn't complete. It's
    m> not what is at issue. Consider the case where you have left
    m> your keys on the coffee table. Is it illegal for you to break
    m> in to your own house? That's what people mean by "fair use."

Here's my preferred analogy: in the United States, we have these tags
that are put on mattresses. They say, very clearly, "Removing this tag
will result in prosecution to the full extent of the law." (The
admonition is actually for mattress salesmen because the tags also
contain some kind of consumer info, and it would be illegal for them
to remove the tag and sell a 8" polyester mattress as a 15"
featherbed. But the admonition is frequently misinterpreted to apply
to the owner him/herself.)

These tags are considered laughably strange to Americans, and are the
subject of many comedy routines, to the point of being cliched. Why?
Because it's intuitive and instantly understandable to people that
once they buy a mattress, they should be able to do whatever they want
with it, as long as they don't hurt anyone else. This should include
tearing off a little paper tag.

I think that's a better analogy of fair use.

Dmitry made software that helped you remove the mattress tag. It
doesn't help you steal mattresses out of a warehouse, or take the
mattress out of your neighbor's bedroom, or make your mattress into a
catapult weapon. It just helps you deal with your own damn mattress
how you see fit.

Is what he did illegal? We're not quite sure. But we _do_ know that if
it _is_ illegal, the law (DMCA) is wrong. Yes, it's true: laws can be
wrong! So we're working to make sure he gets out of jail, and we're
working to get the law changed so people can't be arrested for doing
what Dmitry did in the future.

~Klepht

-- 
klepht at eleutheria.org
http://www.eleutheria.org/