Re: emule

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Author: Craig White
Date:  
To: plug-discuss
Subject: Re: emule
On Sat, 2004-12-04 at 08:49 -0700, Austin Godber wrote:
> Violating the DMCA however is another matter.
>
> As a(n) (exclusively) linux user I am left with no choice but to violate
> the copyright protection mechanism circumvention clause of that
> particular law in order to consume content that I have legally purchased.
>
> Despite having purchased many DVDs I don't own a device which will allow
> me to view these DVDs without violating said law. Therefore I am a
> criminal based on my choice of operating system.

----
I fail to see where this is the case. You are neglecting the issue of
fair use.
----
>
> I am not violating copyright law. I am using content which I have
> lawfully purchased and have the right to use.

----
I would agree with this.
----
> The DMCA, however,
> prohibits my use of that lawfully obtained material. The DMCA trumps
> the intent of copyright law (which happens to also be spiralling wildly
> out of balance in the favor of the publishers/content providers).
>
> For additional information regarding these issues check out Lawrence
> Lessig's book Free Culture ... it is available here:
> http://www.free-culture.cc/freecontent/
> under a creative commons license which permits free
> copying/redistribution etc (check its license).
>
> Unfortunately Mike, you would have exposed yourself less legally had you
> waited for the movie to come out on DVD and then shop lifted it from a
> retail store. What are the penalties for shoplifting if its your first
> offense? A few hundred dollars? A single instance of copyright
> violation is about $150,000. Or $300/hour to defend yourself with a
> lawyer if you have a case. But this is all worst case scenario ... it
> is possible that compliance with the letter or something else is
> sufficient ... a scare or slap on the wrist ... will make them happy.
>
> You know ... the thing that really ... ahem ... annoys me is that none
> of this is a matter of whether or not you have broken the law. Lets say
> that you just suck at running a computer ... and you have been rooted
> for weeks and SOMEONE else is doing this ... or perhaps you have an
> unsecured wireless network at home. YOU COULD BE COMPLETELY INNOCENT
> YET COMPLETELY HELPLESS because to fight them would cost outrageous
> ammounts of money. I won't argue for a second about the copyright
> holders right to have some control over their content. But the world is
> changing and the government needs to strike the balance between what is
> good for the country as a whole and what is good for the copyright
> holders. With 90 year copyrights and insane penalties for violating the
> law things have become a bit absurd. Hopefully it will right itself ...
> or rather those with the power to make the changes make the right
> decisions. Otherwise ... we will all continue to be criminals soley
> based on our choice of OS. Which in my opinion is a bunch of crap-ola.

----
The system of copyrights, patents and trademarks is broken and needs to
be fixed.

Craig

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