| djcapelis |
04-10-2003 20:36 |
I agree that Chief Delphi as a private entity has full control over their forums and we should all respect that. This is not something I'm debating. I also agree that the offer of "the code you need" is blatent and I'd rather not see these boards become grounds for warez swapping anymore then you do.
I'm simply surprised at Chief Delphi's policies on the matter. As for the speech possibly being a violation of the DMCA, I believe this to be blatently false.
Section 1201, paragraph b, subsection 2 does not seem to prohibit sharing of information of such technologies, in fact, if it did it would have sever wide-ranging effects upon security research. (Some of my research as well actually... although most of it falls under the expections in paragraphs D, G and J):
Quote:
`(2) No person shall manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part thereof, that--
`(A) is primarily designed or produced for the purpose of circumventing a technological measure that effectively controls access to a work protected under this title;
`(B) has only limited commercially significant purpose or use other than to circumvent a technological measure that effectively controls access to a work protected under this title; or
`(C) is marketed by that person or another acting in concert with that person with that person's knowledge for use in circumventing a technological measure that effectively controls access to a work protected under this title.
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Section 1201, paragraph c, subsection 4 explictly states:
Quote:
`(4) Nothing in this section shall enlarge or diminish any rights of free speech or the press for activities using consumer electronics, telecommunications, or computing products.
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Not to mention the fact that it likely falls under the exceptions stated in paragraphs D, G, or J. Thankfully, I doubt the DMCA, from my readings anyways, has gone so far as to make the mention that you can change the time on your computer and the protection systems are too dumb to know about it illegal.
The complete text for your perusal is located here: http://www.eff.org/IP/DMCA/hr2281_dm...pl105-304.html
I'd love to hear any alternate conclused drawn from this text on this issue. It would make for another good story of things the DMCA is restricting that it shouldn't.
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