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Kaplan on DeCSS, DMCA, Hackers, and More
AltGrendel writes "Wired has a story about Judge Kaplan of DVD Piracy trials fame. He has an interesting view of hackers, to say the least." Doesn't say really anything we haven't heard elsewhere, but it does make a few interesting points. He's a smart guy, no doubt about it. I just wish he wasn't wrong.
He's a smart guy, no doubt about it. I just wish he wasn't wrong.
He may me smart, for someone trained in law, but the average slashdotter has better reasoning skills (or integrity).
He practically called Jon Johansen a liar [1], claiming that he wrote DeCSS to pirate DVDs, and that since it was a tool of piracy, the reverse engineering provisions of the DMCA do not provide a defense, regardless of the fact that there are legitimate uses for such a tool. [2]
And the whole thing with that disease analogy[3], what the fuck was he smoking? Why couldn't he just liken it to a military "containment" policy, which is basically what he was saying: in order to protect society's (er, the studio's) interests, we must smack down these pirates and their programs where ever they surface, like the dirty little subversives they are. But I guess that wouldn't be politik, with the first amendment and all.
Kaplan may be trying to look like the impartial nice guy, be he'll always be a big fucking wanker because of this ruling. Remember, Malda, behind his words are men with the guns ready to take everything away from you because you want to watch a fucking movie on a piece of equipment not sactioned by the CCA.
[1] Universal vs. Reimerdes [pdf], p.35
[2] p.37
[3] p.61
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Bush's assertion: there ought to be limits to freedom