[free-sklyarov] Wretched article at inside.com

[Karsten M. Self]

on Sat, Aug 04, 2001 at 07:01:00PM -0700, Mark K. Bilbo (mark at blorch.org) wrote:
> On Saturday 04 August 2001 18:03, Jeanne A. E. DeVoto wrote:
> > At 5:45 PM -0700 8/4/2001, Jon O . wrote:

> The problem in that treaties may not "trump" the Constitution is that
> it's up to SCOTUS to decide whether the basic rights in the
> Constitution are being violated and they can decide the treaty doesn't
> *really violate the Constution. There are always legalistic ways to
> dance around that. As the DMCA itself does by claiming that "fair use"
> still exists while outlawing the technology to enable fair use.

In previous cases where arguments have been made that one portion of
copyright trumped fair use, the other portion has generally fallen.  The
notable case is Sega v. Accolade, see also MAI v. Peak, Atari v.
Nintendo, and Sony v. Connectix.  The judicial record in favor of fair
use has been pretty good, particularly in light of the concerns
generally voiced by the cyber-rights types.

-- 
Karsten M. Self <kmself at ix.netcom.com>            http://kmself.home.netcom.com/
 What part of "Gestalt" don't you understand?               There is no K5 cabal
  http://gestalt-system.sourceforge.net/                 http://www.kuro5hin.org
   Free Dmitry!! Boycott Adobe!! Repeal the DMCA!!   http://www.freesklyarov.org
Geek for Hire                          http://kmself.home.netcom.com/resume.html
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