Comments on: iPhone-Google Voice Flap a Reminder of Why DMCA Needs Fixing

By: dmarti

dmarti — Tue, 11 Aug 2009 04:03:41 +0000

Don't forget the Elcomsoft case — a rare example of a DMCA prosecution of a non-infringer. The result was a jury nullification.

By: Ryan Radia

Ryan Radia — Tue, 11 Aug 2009 02:02:42 +0000

I think you make a good point. I'm generally skeptical of criminalizing copyright infringement. I suppose large-scale commercial piracy may merit some criminal penalties, but non-commercial person infringement certainly should not be a criminal matter.

You're also right that mass disregard for the DMCA amounts to civil disobedience. That's certainly a strike against the law. I'm not sure I'd say that laws that are widely disregarded should simply be taken off the books, but mass civil disobedience of a law does raise the question of whether the law in question is actually worthwhile in the first place.

By: Steve R.

Steve R. — Tue, 11 Aug 2009 01:51:00 +0000

Good points, but I think that there are unstated bigger issues here with the the DMCA. First, why should a corporation be entitled to use the power of the state to (in an Orwellian sense) protect its so-called property through a criminal action, but the abused user has no such recourse? For example, Amazon, vaporized some e-books on its Kindles and even destroyed the work of one person as collateral damage. Amazon seems to be facing an appropriate civil lawsuit, but I have not heard of any criminal complaint against Amazon for its "burglary".

Second, laws are supposed to work for the benefit of society as a whole. Laws that give entitlements to special interests at the expense of society tend to be unpopular and ignored. As you point out: "The DMCA hasn’t stopped millions of iPhone owners from jailbreaking their phones ...". Essentially this is a form of civil disobedience. If we are to be a nation where the law means anything, onerous laws where one entity is somehow more equal than another have to be abolished. If these oppressive laws are not abolished respect for the law will continue to decline.

By: dmarti

dmarti — Tue, 11 Aug 2009 00:03:41 +0000

Don't forget the Elcomsoft case — a rare example of a DMCA prosecution of a non-infringer. The result was a jury nullification.

By: dmarti

dmarti — Mon, 10 Aug 2009 23:03:41 +0000

Don't forget the Elcomsoft case — a rare example of a DMCA prosecution of a non-infringer. The result was a jury nullification.

By: iPhone-Google Voice Flap a Reminder of Why DMCA Needs Fixing » web

iPhone-Google Voice Flap a Reminder of Why DMCA Needs Fixing » web — Mon, 10 Aug 2009 22:30:54 +0000

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By: Ryan Radia

Ryan Radia — Mon, 10 Aug 2009 21:02:42 +0000

I think you make a good point. I'm generally skeptical of criminalizing copyright infringement. I suppose large-scale commercial piracy probably may merit some criminal penalties, but non-commercial person infringement should not be a criminal matter.

You're also right that mass disregard for the DMCA could be considered civil disobedience. That's certainly a reason why it's a bad law. I don't necessarily think all laws that are widely disregarded should simply be taken off the books, but civil disobedience does raise the question of whether the law in question is actually worthwhile in the first place.

By: Steve R.

Steve R. — Mon, 10 Aug 2009 20:51:00 +0000