--- Date: Thu, 09 Oct 2003 18:42:11 -0400 From: "Paul Levy" <PLEVY@private> To: <jstyre@private>, <dave@private>, <declan@private> Subject: Re: [IP] more on Update on Shift Key Breaking CD Copy Protection Technology SunComm has made two separate claims here. One amounts to libel (damage to reputation); however, because the company is a public figure, its contention that the student simply made some incorrect assumptions, or should have inquired further, just doesn't get them anywhere; they have to allege and prove actual malice. The other is a DMCA claim. All they say expressly in the matter quoted is that they will "refer this possible felony to authorities having jurisdiction over these matters." OK, good for them. The authorities will no doubt exercise some prosecutorial discretion here. Note that the nj.com article just has SunComm tsaying that their lawyers will talk to his lawyers, yadda yadda yadda Many times, companies (and politicians) save face by talking about the legal action they will pursue. But actually filing a lawsuit may be something else. Shhould a lawsuit be filed on these facts, perhaps it would become a nice test case about whether the DMCA can proeperly be construed to obliterate such a traditional form of fair use as publishing the whole or a large segment of a protected work for the purpose of illustrating or justifying a criticism of it. Something tells me that wiser heads will prevail about whether to file a lawsuit on this. Should a lawsuit BE filed, I trust the grad student will have no problem securing first-rate representation on a pro bono basis. _______________________________________________ Politech mailing list Archived at http://www.politechbot.com/ Moderated by Declan McCullagh (http://www.mccullagh.org/)
This archive was generated by hypermail 2b30 : Fri Oct 10 2003 - 00:04:30 PDT