Re: emule

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Author: Austin Godber
Date:  
To: plug-discuss
Subject: Re: emule
Austin Godber wrote:
> Craig White wrote:
>>> 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.
>> ----
> And if I got a letter from the MPAA lawyers stating that I had violated
> the DMCA (which I have) and wanted to fight it based on fair use ....
> what would it cost me to defend myself? Would it be cheaper for me to
> defend myself or for me to just settle for whatever I happen to have in
> the bank?


No, wait ... fair use is irrelevant ... I have violated the DMCA
regardless of the copyright laws fair use issues. Its very black and
white ... I must circumvent copyright protection mechanisms in order to
view the content ... which is illegal ... despite the copyright law
granting me the right to consume the content ... the actions I must
undertake to consume that content are illegal.

This is the fundamental flaw with the DMCA, or rather the big gain for
the content providers ... they can build restrictions into the software
that undermine the copyright law and punish you for circumventing those
even if you have the right to use those materials. Fair use doesn't
grant you the right to violate the DMCA.

Austin
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