Previous message: http://www.politechbot.com/p-03355.html --- From: "Ethan Ackerman" <eackermaat_private> To: <declanat_private> Subject: RE: DMCA means sex sites must not mention celeb names, AdultCheck says Date: Mon, 8 Apr 2002 13:02:04 -0700 Message-ID: <NDBBLEBDGLEDPDMLNBFJKECECFAA.eackermaat_private> MIME-Version: 1.0 Content-Type: text/plain; charset="Windows-1252" Content-Transfer-Encoding: 7bit X-Priority: 3 (Normal) X-MSMail-Priority: Normal Greetings Declan, While I'm sure you have no shortage of correction emails coming in, I thought it important to note that the two most recent politech posts re: Britney Spears, the DMCA, and AdultCheck are somewhat misleading. It is implied in the title that the DMCA is somehow the law behind such blacklisting. While it is fair, to a first approximation, to say the DMCA is quite foul, it is likely that unrelated state "right-of-publicity or privacy" laws are why AdultCheck is curbing it's affiliates. (Unless counsel is quite uninformed, or I am uninformed) the DMCA addresses copyright circumvention, not rights to personas and names. That is primarily the realm of "right-of-publicity or privacy" laws, and to a limited extent, trademark. Fortunately, most state "right-of-publicity or privacy" laws are explicit in their subservience to the 1st Amendment. AdultCheck was probably killing two birds with one stone in their announcement, which looks to be titled "DMCA / ROP Policy Update." The dirt on the DMCA is considerable and ubiquitous, let's kill it with just the true dirt. -Ethan Ethan Ackerman Senior Research Associate, Shidler Center for Law, Commerce & Technology University of Washington School of Law 1100 NE Campus Parkway Seattle, WA 98105 Tel: 206.440.0853/Fax: 206.616.3427 http://www.law.washington.edu/lct/ ------------------------------------------------------------------------- POLITECH -- Declan McCullagh's politics and technology mailing list You may redistribute this message freely if you include this notice. Declan McCullagh's photographs are at http://www.mccullagh.org/ To subscribe to Politech: http://www.politechbot.com/info/subscribe.html This message is archived at http://www.politechbot.com/ ------------------------------------------------------------------------- Politech dinner in SF on 4/16: http://www.politechbot.com/events/cfp2002/ -------------------------------------------------------------------------
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