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Elcomsoft Case Will Proceed

An Anonymous Coward writes "Reuters, via the NY Times (free registration required) reports that Elcomsoft's final motions to dismiss were denied. Apparently code *is* protected speech, but... not protected from the DMCA. But most interesting to me was this part: 'The DMCA does not eliminate fair use or substantially impair the fair use rights of anyone,' the judge wrote in a 35-page opinion. 'The fair user may find it more difficult to engage in certain fair uses with regard to electronic books, but nevertheless, fair use is still available.' The EFF has the whole scoop as usual." There's a Wired story about the decision, and the judge's order is available.

3 of 221 comments (clear)

  1. In other news... by Erik+Fish · · Score: 2, Funny

    It was also found that someone putting a foot up Judge Ronald Whyte's ass will in no way eliminates or substantially impair his ability to walk. The esteemed judge may find it more difficult to engage in certain quick strides but nevertheless, walking will still be possible.

  2. Re:EFF, Donate Now by JanusFury · · Score: 2, Funny

    I agree completely up to the 'star wars tickets' part. That's crossing the line, man... give up your star wars tickets for your freedom? What are you, some sort of patriot? Sheesh.

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  3. Take that argument and.. by A_Non_Moose · · Score: 3, Funny

    turn it around:
    "The right to fair use is present but more difficult to use; that does not mean it isn't present."

    Ok, your honor, we'd like you to submerge you in this tank of water and seal it shut.
    For you see, the ability to breath is going to be difficult, but that does not mean it is not present.

    There is O2 in air and water, so, by your logic you should be able to breath water because what you need is in the water.

    There is an argument that...ahem...holds water.

    .

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