[free-sklyarov] party?
proclus at gnu-darwin.org
proclus at gnu-darwin.org
Thu Dec 19 11:17:58 PST 2002
Wish I could be there. Have fun. Celebrate!
Regards,
proclus
http://www.gnu-darwin.org/
On 19 Dec, Don Marti wrote:
> begin Seth David Schoen quotation of Thu, Dec 19, 2002 at 08:35:25AM -0800:
>
>> I'm exploring the possibility of having a party to celebrate the
>> Elcomsoft verdict in San Franisco on Saturday. Can I get a sense of
>> how many people would be interested in coming?
>
> This party is our solemn duty as part of the "declare victory"
> strategy and to kick off the next round of DMCA reform. If it
> happens, and I'm not there, you can assume I'm dead.
>
> The Elcomsoft verdict is much better than DMCA-mongers are trying to
> make it sound.
>
> 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.
> Yes, it's not technically a "jury nullification" because the jury
> had that whole "willful" thing to hang its verdict on. But what
> does it say about a law when it's so counterintuitive and unjust
> that it's reasonable not to believe in it?
>
> Not convinced? This should convince you: my hopeful interpretation --
> that the jury rejected the DMCA -- 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.
>
> Anti-DMCA advocacy makes a difference. Making "the DMCA" into "the
> controversial DMCA" was worth the sunburn and sore throats. We can't
> stop now.
>
> We must party.
>
> Seth, I'm with you.
>
--
Visit proclus realm! http://proclus.tripod.com/
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