A lot of the DMCA and the recent European laws are actually in response to an international treaty on copyright. I can try to find which treaty, etc, i just remember reading this is an intellectual property article I was reading on the DMCA (im writing an article on it).
Can you explain the constitutionality of prosecuting someone based on what files their computer contains? How can you prove that they've actually stolen the data and haven't uploaded it from their own cds or from having acquired the mp3s/files in some legal way?
There seem to be some pretty apparent 4th amendment issues here.
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A lot of the DMCA and the recent European laws are actually in response to an international treaty on copyright. I can try to find which treaty, etc, i just remember reading this is an intellectual property article I was reading on the DMCA (im writing an article on it).
Can you explain the constitutionality of prosecuting someone based on what files their computer contains? How can you prove that they've actually stolen the data and haven't uploaded it from their own cds or from having acquired the mp3s/files in some legal way? There seem to be some pretty apparent 4th amendment issues here.