Judge In RIAA Test Case Calls DMCA Unclear

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."

Comments

Re:Judicial Activism

[giminy]

Actually the Supreme Court's jobs are really two: 1) interpret current laws wrt some current case, and 2) decide whether a current law is constitutional. If the law is not constitutional, it is revoked by the Supreme Court. So if the Supreme Court sees the DMCA as unconstitutional, they can make it no longer exist, essentially. This *is* the system of checks of balances. This prevents Congress from being retarded and passing a law that, for example, infringes on Freedom of Speech (say, like the DMCA is a good example...)

You might want to take a better a look at the way the Judicial branch interacts with the legislative....

In case you haven't heard

[einhverfr]

I take it you haven't heard, The Bush administration claims the power to detain "enemy combatants" indefinitely without trial, an effective suspension of Habeas Corpus. All they have to do is label you a terrorist and you disappear in the night never to be heard from again.

The courts haven't been uncritical of this practice and have not exactly been... cooperative...

Now what has been scary has been Ashcrofts earlier statements that they would continue to detain people even if a court ordered them not to. In that case, why not just dispense with the court system and let the FBI and INS take over that role....

Now, you may think this is off-topic, but dispensing with the court system is exactly the path that the RIAA and MPAA are trying to take in this case (RIAA v Verizon) and in lobbying for the bill that gives them the right to use "P2P Warfare."

Re:Recording Inquisition Association of America

[NumberSyx]

Legally done in accordance with the laws of the US

Done in accordance with what US law ? Are you talking about the Patriot Act ? The same Patriot act that allows the government to monitor religious and political groups without evidence of criminal activity, to jail Americans without being charged or being able to confront witnesses against them, allows The government to search and seize Americans' papers and effects without probable cause to aid terrorism investigation, Allows the government to prosecute librarians, telecommunication company officials and anyone else who reveals they have received a subpoena for records related to the terrorism investigation, Allows the government to monitor penal communications between attorneys and clients, and deny lawyers to Americans accused of crimes, Allows the government to jail Americans indefinitely without a trial. Allows the government to close once-public immigration hearings, secretly detain hundreds of people without charges, and has encouraged bureaucrats to resist requests for public records under the Freedom of Information Act. You mean that Patriot Act ?

There are precedents for what Bush has done.

Yes there are precedents, but that does not make it right or just and I hardly consider imprisioning thousands of innocent Americans during WWII a shining moment in our history.

Why don't you read a little before mouthing off your talk-show soundbites.

I have to mouth off now, because I will not likely be able to do so in the future.