[Discussioni] ACM TechNews: DMCA

[Francesco Potorti`]

http://www.acm.org/technews/articles/2002-4/0510f.html#item1

* "Judge Rules Copyright Law Constitutional"
  SiliconValley.com (05/08/02); Files, Jennifer

  In ruling that the Digital Millennium Copyright Act (DMCA) is
  constitutional, U.S. District Judge Ronald M. Whyte has denied a
  motion filed by Russian software maker ElcomSoft to dismiss a case
  alleging that it violated the DMCA by distributing a software program
  that copies electronic books. Because the DMCA controls the function
  of software, as opposed to its content, it does not circumvent the
  First Amendment, Whyte ruled. Consequently, he said there is no
  "generally recognized First Amendment right" for consumers to make
  backup copies of e-books or other online materials. Lawyers involved
  in the case stress the importance of Whyte's decision, since it
  represents the first ruling on the DMCA's constitutionality in a
  criminal court. The ruling has agitated proponents of online free
  speech. "What good are the public's rights if the tools needed to make
  fair use or access works in the public domain are illegal?" argues
  Electronic Frontier Foundation legal director Cindy Cohn. ElcomSoft
  lawyer Joseph Burton warns that Whyte's decision could put firms that
  distribute security tools such as password recovery software at even
  greater risk of prosecution. The hearing to set a trial date for the
  ElcomSoft case was scheduled by Whyte for May 20.

  http://www.siliconvalley.com/mld/siliconvalley/3225820.htm