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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."
"Verizon says it would be unfair to cancel users accounts unless the music companies concerned filed formal legal proceedings that would give the users a chance to fight back.
But the music industry says that would take too long."
That's just super. Now if they could just dispense with this habeas corpus nonsense, they could put all their customers in jail.
. . .that American citizens who're interested in the progress of American case law have to turn to British news corporations to hear it; while all Fox, CNN, MSNBC, etc., can be bothered to report is Bush's latest wag-the-dog blather or Britney Spears' latest bra size.
It's no surprise to me that the media doesn't want the public educated about the ins and outs of the DMCA, but it is disappointing.
!#@%*)anks for hanging up the phone, dear.
The Sherman AntiTrust Act harnesses government power and focuses it against corporations to protect voting citizens. The DMCA harnesses government power and focuses it against voting citizens to protect corporations.
You may as well compare the Voting Rights Act with a Jim Crow voting law: yeah, they each used government to determine who could vote; but the latter oppressed Americans, and was therefore morally wrong.
!#@%*)anks for hanging up the phone, dear.
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....
The Right Reverend K. Reid Wightman,
The BBC is reporting that the Judge said the DMCA is ambiguous. This is not a ruling and hasn't set a precedent.
It's typical of the media to blow things out of proportion. And this happens to be one of those things.
Either way, what's really important here is whether or not the RIAA can demand a given user's name, phone number from an ISP *without* any form of a warrant or any form of legal proceeding.
This is something that not even the US government was allowed to do until recent legislation. (The patriot act tends to make things more ambiguous now, and the government can away with a lot more than before, but not as much as the RIAA wants.)
And don't look at that ambiguity as something necessarily good. It could be the nail in the coffin that lets the RIAA and others get away with such reprehensible violations of civil liberty if the courts eventually set the wrong precedents.
"One of the things we're discovering is that people are not aware that that they are engaging in conduct which is clearly illegal," said RIAA lawyer Cary Sherman.
"clearly illegal". This from an industry that says not watching commercials on television is stealing and that making a cassette copy of a CD (that I own) for my car is "tolerated but not legal" behavior.
"If you got a letter from the RIAA saying we know that you're doing this, I'd say there's a good chance that you would stop."
In other words, they want to be able to threaten people with C&D's regardless of whether they have any proof of wrong-doing.
Verizon says it would be unfair to cancel users accounts unless the music companies concerned filed formal legal proceedings that would give the users a chance to fight back.
But the music industry says that would take too long.
Tough shit. It's called due process and is guaranteed by the Constitution. Deal with it.
People's desire to believe they are right is much stronger than their desire to be right.
There once was an organization,
known to geeks by its abbreviation,
that's R-I-double-A,
they'll take freedom away,
as soon as Congress gets that "donation"!
There once was a woman named Rosen,
trying so hard to get her laws in.
She's lobbying Congress
to put an end to Progress,
but more copying is all that she's causin'.
There once was a gent named Valenti,
who sued movie swappers a-plenty.
But one day he died,
only his lawyers cried,
and on Slashdot the cheers were modded +20!
There once was a Senator named Hollings
Whose passion for Disney was apalling,
He accepted their money,
Called Eisner his "honey",
And you should see the Mickey-shaped hottub he's installing!
I'm not a Consumer, I'm a Citizen! Please keep the two terms straight.
Mod down posts with a "Free Mac Mini/iPod" sig, they're spam!
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."
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