TorrentSpy shuts down in the U.S.

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Any tool...

...can be misused. However, suing the tools manufacturer for the misuse of the tool by others is counter to US law and precedent. Several mayors have already tried this tactic as a means of driving the firearms manufacturers out of business. Others have tried it with the car companies. It just doesn't fly.

But, now we're dealing with a wholly digital argument, where judges are completely out of their environment. The judges hearing these types of cases simply don't understand all that's being presented before them. Unlike firearms and automobiles, computers and the internet have not been part of the culture their entire lives. They don't have a lifetime of direct, or even anecdotal knowledge of the topic at hand. They're playing catch-up, in an ever changing game. And, as a result, they're making bad decisions and setting bad precedents that will effect us all for some time to come.

And, it's not just the judges. Throw in the majority of the attorney's general, prosecutors, legislators and congress critters. They're making laws and prosecuting people and companies about subjects they simply don't understand.

You mention the creation of software to commit an illegal act, being illegal. Yet, you are likely among the very people that make it necessary for Joe and Jane Citizen to commit that illegal act. Before I continue, I'm not arguing that any outside the specific scope of the following arguments are justified in their actions. This argument is specific and narrowly focused.

Joe stops on the way home from work and purchases the latest blockbuster movie on DVD. During lunch, Jane stopped at the local music store and bought the new CD from her favorite artist. Under the laws of this nation, Joe and Jane have the legal right to make personal use copies of these disks. However, BigBux Studios have used the standard DVD encryption scheme, plus added a few anti-copy features. And, Gotcha Comin-N-Goin Music has added anti-copy and rootkit software schemes to the CD.

So, while they're legally entitled to copy their disks, they can't, unless they find some way to bust the anti-copy schemes used on the disk.

However, the mere act of attempting to circumvent these devices is illegal (DMCA).

So, it's illegal to do what it's legal to do.

So, which law takes precedent? Who knows? The judges sniff around like a blind puppy hunting a teet. The legislators and congress critters continue to make a bad thing worse. The prosecutors are pinging in all directions. And, Joe and Jane are left going, "WTF?!!!"

So, they think to themselves, "I'm allowed to have a copy of what I just bought. Instead of trying to find out how to do it myself, I'll just download a copy. I'm allowed to have it, so why not?", and so they do.

Woops! Sorry! That's illegal too. Yes, you may have a copy of what you bought, but you can't use someone else's copy to make your copy, even if you have the original. You have to make your copy from your original. No shortcuts here!

Oh, by the way, Jane. You are not allowed to look for and disable or remove the rootkit that the CD put on your computer without your knowledge or permission. That's a violation of the contract you agreed to when you opened the disk package, even though you couldn't read the contract before opening the package because it was inside the package, so you couldn't read what you agreed to until after you'd agreed to it.

Oh! You didn't agree to it. No, sorry. You can't take it back to the store. It's been opened. You have to ship it back to Gotcha Comin-N-Goin Music, freight pre-paid, insured and with tracking, to get your refund, which will arrive sometime in the next eight months. Sorry, Jane. That's the way it is. Gotcha Comin-N-Goin Music knows that you're not likely to bother since it's going to cost you almost as much to get your refund as it would cost you to just turn the disk into a target the next time you go shooting.

Well, sure. You could install software on your computer that stops the rootkit from installing, and lets you make mp3's from the music on the disk, but that's illegal.

No, Jane. Sorry. It's not illegal for them to do what they're doing. It's just illegal for you to actually try to use your disk.

That's enough. I'm getting a headache just trying to keep track of all the weirdness involved in the fiasco that is media rights in the good ol' USofA.

Posted by: Dr. John   Posted on: 08/28/07 You are currently: a Guest | Members login | Terms of Use

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