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USAF Violates DMCA, Escapes Unscathed

eldavojohn recommends coverage at Ars on a Byzantine case just thrown out by an appeals court. The US Air Force cracked the code that would expire a piece of software. For this they were sued under the DMCA in Blueport v. United States. The Court of Federal Claims heard it and threw it out. "The reasoning behind the decisions focuses on the US government's sovereign immunity, which the court describes thusly: 'The United States, as [a] sovereign, "is immune from suit save as it consents to be sued... and the terms of its consent to be sued in any court define that court's jurisdiction to entertain the suit."' ... 'The DMCA itself contains no express waiver of sovereign immunity,' the judge wrote, 'Indeed, the substantive prohibitions of the DMCA refer to individual persons, not the Government.'"

8 of 458 comments (clear)

  1. Um, ... in a democracy, the people are sovereign by Anonymous Coward · · Score: 0, Troll

    So I guess all citizens are immune to the DMCA since we're the one's who are sovereign. Not the government.

  2. we need a new set of laws by Anonymous Coward · · Score: -1, Troll

    laws that make homosexuals punishable by death. laws that put an end to the asshattery of bitch whores.

  3. Playing catch-up by Anonymous Coward · · Score: -1, Troll

    Over in Jolly old England, they had something called the Magna Carta (Great Charter) that made the sovereign subject to laws (just like everyone else). One day in the future, the United States may consider laws that put rich people, CEO's, the ruling government, maybe even the president under the same laws as other Americans. Heck, one day, they may even consider their their laws and constitution fit enough (shock! awe!) to be applied to those pesky foreigners! Not now of course. The US has a lot to learn about democracy. One day they might even practice it. And the hope here is, they might even practice it in front in foreigners and in other places. Not now of course, but maybe a long long time from now in the future. Something about leading by example, and all that. Not now of course (as demonstrated), but perhaps one day, far far in the future.

  4. Re:L'etat, c'est moi! by Secret+Rabbit · · Score: 0, Troll

    You're a fairly naive person aren't you. It's always been this way. It's just that this sort of thing was handled discreetly in back rooms. All that has happened now is it's been made into law.

    Land of the free, eh? Thankfully, I don't live in the US!

  5. Double standards are new? by lixee · · Score: 0, Troll

    Governments tend to preach what they don't practice. The US government is no exception. They threaten military action against countries trying to acquire civil nuclear energy, while over a thousand nukes sits in their hangars. They terrorize whole populations while denouncing terrorism. I ask you. Why makes anyone think the army would give a damn about the DMCA?

    --
    Res publica non dominetur
  6. Re:What's the fuss? by Anonymous Coward · · Score: -1, Troll

    No offense, but as a former Staff Sergeant in the USAF...

    Career Staff, eh? Services? Or CE? Bro, I ordered diet soda with my flight meal, and my toilet's stopped up. Take care of it.

  7. Re:What's the fuss? by Archtech · · Score: 0, Troll

    Dude, if your in the Military or work for the military, the military owns your ass 24/7.

    The obvious reaction to which would be:

    Don't work for the military.

    --
    I am sure that there are many other solipsists out there.
  8. Re:It's good to be king... by darkmeridian · · Score: 0, Troll

    Many poor African nations would kill to get "enslaved" by the United States in the manner you describe rather than starve their asses off or fear being mutilated by their enemies. There are bigger and badder monsters out there than Coke, Corp. Stop being a sensationalist jackass.

    --
    A NYC lawyer blogs. http://www.chuangblog.com/