[free-sklyarov] Modifying DMCA & WIPO

Seth David Schoen schoen at loyalty.org
Sun Jul 29 11:29:01 PDT 2001


mickeym writes:

> 1) Prohibit circumvention conduct only when part of an actual act of copyright
> infringment.

This has been a policy recommendation of several computing and civil
liberties organizations for a long time.

It means that the law would have to reach only conduct and not
technology, which may not seem like enough for some publishers.  But
this is a tradition going back further than _Sony v. Universal_.

(Unfortunately, _Sony v. Universal_ also held -- as copyright industries
have been pointing out -- that "Sound policy, as well as history,
supports our consistent deference to Congress when major technological
innovations alter the market for copyrighted materials.  Congress has the
constitutional authority and the institutional ability to accommodate
fully the varied permutations of competing interests that are inevitably
implicated by such new technology.")

-- 
Seth David Schoen <schoen at loyalty.org> | Its really terrible when FBI arrested
Temp.  http://www.loyalty.org/~schoen/ | hacker, who visited USA with peacefull
down:  http://www.loyalty.org/   (CAF) | mission -- to share his knowledge with
     http://www.freesklyarov.org/      | american nation.  (Ilya V. Vasilyev)




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