first DCMA criminal trial started yesterday
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first DCMA criminal trial started yesterday
this is a very important precedent setting case. Not only does it affect all users of copyrighted digital material, but it will also set the definition of "willful intent" in the DMCA and could open a huge can of worms in the technology industry.
http://www.law.com/jsp/pubarticleCA.jsp?id...d=1038966818798
http://www.law.com/jsp/pubarticleCA.jsp?id...d=1038966818798
at stake is the future of the DMCA, passed in 1998, which criminalizes what had been civil intellectual property disputes. Success by the Northern District in this case may breed similar prosecutions by other U.S. attorneys. Likewise, a high-profile failure could chill further criminal prosecutions under the act.
Rather, Burton said ElcomSoft allowed legitimate eBook customers to make fair use of their purchase -- including making back-up copies, transferring it to a different computer or printing it out.
U.S. District Judge Ronald Whyte has yet to determine final jury instructions in the case, which both sides agree could be crucial in the outcome of the case. The language of the DMCA requires that the prosecution prove the defendant's acts were "willful."
Prosecutors have argued that means knowingly and intentionally, while the defense believes willful means the government must prove that ElcomSoft sold its software "for a bad purpose" and knew it violated the law.
Prosecutors have argued that means knowingly and intentionally, while the defense believes willful means the government must prove that ElcomSoft sold its software "for a bad purpose" and knew it violated the law.
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http://www.bangkokbob.net/pantip.html
From a Thai IT market place:
Quote:
"...Computer Equipment has dropped in price dramatically over the past few years, and now there are some real bargains to be had locally. There are three whole shopping malls dedicated to computers, Fortune Town on Ratchadapisek Road, Seri Centre in Bang Na & the best place to go, Pantip Plaza & Hollywood IT Centre on Petchaburi Road. To counteract the piracy to some extent, manufacturers are now offering genuine software at prices pitched at the Thai marketplace.
Good news for us, but if they can still sell it at a profit for a fraction of the Western price, are we are being ripped off yet again?..."
From a Thai IT market place:
Quote:
"...Computer Equipment has dropped in price dramatically over the past few years, and now there are some real bargains to be had locally. There are three whole shopping malls dedicated to computers, Fortune Town on Ratchadapisek Road, Seri Centre in Bang Na & the best place to go, Pantip Plaza & Hollywood IT Centre on Petchaburi Road. To counteract the piracy to some extent, manufacturers are now offering genuine software at prices pitched at the Thai marketplace.
Good news for us, but if they can still sell it at a profit for a fraction of the Western price, are we are being ripped off yet again?..."
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Holman
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Jun 6, 2003 03:02 PM