Slashdot Mirror

← Back to Stories (view on slashdot.org)

Is The Eldred Decision Bad For The DMCA?

Posted by timothy on from the circumvention-time-come-on dept.

clonebarkins writes "Law.com is running an article by Evan P. Schultz suggesting that the Eldred decision (/. story) could mean bad news for our favorite four-letter law: the DMCA."

4 of 24 comments (clear)

  1. Upon further review... by Ykant · · Score: 3, Informative
    Interesting article, it's a reasonable interpretation of that (rather lengthy, but I suppose that's how you do things when you're dealing with lawyers) finding. The author of that article could be reaching a little, though - there may be some wishful thinking at play.

    Besides, if it was really that big a deal or threat, would we have just heard about it now? The thing's dated January!

    On the other hand, maybe the article writer is the first person to actually read the thing (see previous mention of length).

    --
    Spelling, grammar, punctuation? We need something that checks logic.
  2. Re:Quantity versus Quality by Beryllium+Sphere(tm) · · Score: 2, Informative

    Acronym for Supreme Court of the United States.

  3. Not every cloud has a silver lining. by uncoveror · · Score: 3, Informative

    The author of this article is looking hard for a silver lining in the cloud of the Eldred decision, and thinks he has found it in Justice Ginsburg's wording. I don't see it. This court is very pro business, and has given it's Nihil Obstat and Imprimatur to perpetual copyright through repeated extention. If the question on the DMCA comes before them, they will recieve many friend of the court letters from the likes of the MPAA, and RIAA that will convince them to uphold it. Citing precedent, future Supreme Courts won't give us back anything the DMCA and CTEA have taken from us, and neither will Congress. They are puppets on the strings of their corporate special interest masters. Here is link to what I wrote when the Eldred decision came out. Though I was very emotional at the time, and said some inflammatory things, I stand by my words.

    --
    The Uncoveror: It's the real news.
  4. one word: dicta by kaltkalt · · Score: 2, Informative

    What Ginsburg said in Eldred is most certainly nice and fluffy, but it's dicta, and thus not binding precedent. That's the bottom line. Eldred does not stand for the proposition that the first amendment guarantees fair use. Of course, such dicta can be cited persuasively in the future, but it's most certainly not binding on the next court to hear a DMCA challenge, even though the SCOTUS said it.

    --

    Stupid people make stupid things profitable.