Kyle SGMS used our newssubmit to tell us that the defence of the russian company that behind the crack of Adobe's EBook software has told the judge that the digital copyright law is unconstitutional:
The ElcomSoft case is widely viewed as an important test of the DMCA, which movie studios and record labels are leaning on to keep people from indiscriminate and unauthorized copying of films and music over the Internet. Since digital materials are so easily copied and distributed, DMCA proponents argue, they need special protections. |
Civil rights advocates, software programmers and others counter that the DMCA is giving copyright owners broader protection than they have over non-digital material, at the expense of individuals rights to legitimately use.
Cindy Cohen, an attorney with the Electronic Frontier Foundation in San Francisco who filed a friend of the court brief in favor of the defense, said U.S. District Court Judge Ronald Whyte asked a few questions, including how the statute might be read more narrowly.
"The government said the DMCA was a flat ban on these technologies, regardless of whether they had legal or illegal uses," Cohen said. "If it means you can't circumvent in order to make fair use (of copyrighted material), well then that's what Congress did."
In seeking dismissal on other points, the defense previously argued that the U.S. government lacks jurisdiction and that there was no conspiracy.
The judge did not indicate when he will rule on the motions. A hearing is set for April 15 in San Jose, California.
Source: Yahoo.com
