Slashdot Mirror

← Back to Stories (view on slashdot.org)

Judge In RIAA Test Case Calls DMCA Unclear

Posted by timothy on from the perhaps-the-judge-has-a-tape-deck dept.

otisaardvark writes "BBC News has an interesting article about how the judge has chided Congress for being inept and unclear. There are repercussions for both sides; primarily that the initial verdict will take far, far longer."

2 of 206 comments (clear)

  1. Stating the obvious by thumbtack · · Score: 1, Flamebait

    That has been recognized all along. Its the ambiguites that have been used all to often.

  2. Judicial Activism by SexyKellyOsbourne · · Score: 1, Flamebait

    You and I might not like the DMCA, but judicial activism -- where judges take on the legistlative role -- is a far greater threat to our freedom than the DMCA.

    Judicial activism is the term used to define judges acting as lawmakers. In 1803, the U.S. Supreme Court defined its role as accurately defining what the law is. This means that judges act as interpreters of the law, if and when the law, or its application, is confusing. In recent years, judges have left this traditional understanding of judicial review and have begun legislating from the bench.

    Judicial activism violates the balance of powers laid out in the state and federal Constitutions. It takes authority away from the elected legislature, and puts judges in the position of both lawmaker and judge. When this happens, people lose their right to representation.

    A good example of judicial activism is right on the page. In this case, the judge is dictating copyright policy in direct opposition to laws passed by Congress.

    We should fight the DMCA in the halls of Congress, not in the courtroom, as the system of checks and balances must be preserved!