[A83] Re: Me so curious


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[A83] Re: Me so curious




> > I'm not a lawyer, but I'd expect that a function which only purpose is
> > something illegal (mp3 in itself is not illegal, because in theory it
> > also serves legal purposes) would make the programmer responsible (at
> > least to some degree).
> 
> You are confusing two different issues.  The DMCA makes it illegal to
> create
> or sell devices whose primary purpose is infringement.  However, this is a
> relatively new law and it has still not had a real test in court.  It
> could
> very well be found unconstitutional.  As far as I know, you cannot be sued
> over things which allow copyright infringement.  If something is dangerous
> and it injures people, then there is a liability issue.  But you don't get
> sued over a lock picking kit.

"It *COULD* very well be found unconstitutional."
Then again, maybe not. I really wouldn't like to be the one to go and find
out...

Rob van Wijk

> 
> Standard disclaimer, I'm not a lawyer, I could be wrong.  By "cannot be
> sued", I mean that the person suing would not win.  You can file suit over
> anything.  Whether not you win, or if it even goes to court, is the issue.
> Not to mention getting counter sued for legal fees and other damages,
> which is pretty much a guaranteed win for a frivolous lawsuit.
> 
> --
> David Phillips <david@acz.org>
> http://david.acz.org/
> 

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