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Congress starts to look critically at the DMCA

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Congress starts to look critically at the DMCA
Topic: Intellectual Property 4:23 pm EDT, Sep 18, 2003

] The landscape has not changed so much that if you had a
] vote taken today, even with all the horror stories of
] RIAA subpoenas sent to grandmothers and honor students,
] the vote would come out in favor of seriously altering or
] removing" that section of the law, Godwin said. "I think
] what you are getting is some impulse, somewhat more
] strongly from the Republican side of the aisle, toward
] some slightly higher level of judicial review and some
] safeguards and remedies for misuse of process."

The DMCA supeonas are a way of removing judicial oversight (and therefore the rule of law) from the information collection phase of intellectual property proceedings. Congress has shown a repeated interest in removing the rule of law from the equation when it benefits their friends in the media industry. Some Republicans are starting to point out that the DMCA supeonas can be used (and abused) by other people, some of whom Congress doesn't like. This is a good thing in general because this law needs to be tightened up. Fortunately its unconstituional for the goverment to give a specific interest group a special right, so they are going to have to lock this thing down across the board. The RIAA offers the same sort of non-technical, and therefore irrelevant response that you're seeing to questions about the security of voting machines. That means they are wrong, and are probably going to loose. This is progress.

Congress starts to look critically at the DMCA



 
 
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