Re: Comment on DMCA, Security, and Vuln Reporting]

From: Tim McKenzie (webmaster@crazy-horse.net)
Date: Thu Aug 01 2002 - 14:13:17 PDT

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    > * When I was at Wired News, we joined an amicus brief in the 2600 case
    that
    > said journalists should have the right to link to controversial material
    > such as DeCSS.exe:
    > http://www.politechbot.com/docs/linking-amicus.012601.html
    >
    
    I may not be a lawyer.. however, I fail to see how a news agency should have
    any more leniency than a private individual or security organization.
    Especially in the case of a security related website, the end goal is the
    same: To notify people en mass about an issue. If I were a lawyer and I  had
    to defend a case like the 2600 one, I would definitely use this as an
    argument. However, there is even a more pressing point.
    
    Should companies be sued for providing blank tapes, CDR's, DVDR's etc? They
    provide the medium for spreading copyrighted material. I fail to see how
    this is greatly different than the case of 2600 having a copy of the utility
    on their website. Just because I own a blank tape, doesn't mean I'm going to
    use it to copy all my rented movies. Likewise, having a copy of a rather
    interesting program to analyze for research doesn't make me a pirate of
    copyrighted DVDs nor does it mean I encourage the behavior. I believe, as
    others have mentioned, that the problem lies in the people who make the
    final decisions in cases like this and their lack of experience in the IT
    industry. I believe that we are entitled to a jury of our "peers," which
    could be described as equals. If I ever got caught up in a similar case, I
    for one would have my lawyer ensure that my case is tried by a court that
    understands how information technology works. Might be a lost cause, but I
    would call it a cause worth fighting for.
    
    -TJM
    



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