[Linux-aus] DMCA conditioned by Copyright

[Peter Miller]

It just occurred to me that it is necessary but not sufficient to say
that there is no DMCA infringement without Copyright infringement.

Imagine you are the RIAA, and you find a teeny tiny Copyright
infringement, with a peppercorn penalty, BUT this gives you the opening
you need to intimidate and/or bankrupt the victim with an overwhelming
DMCA action.

I think we have to lobby for the DMCA consequences to be exactly
proportional to the Copyright consequences
IN ADDITION TO
no DMCA infringement without Copyright infringement.

(Actually, the second part is a logical implication of the first part,
but spelling it out can't hurt).


Maybe some additional words to say there is no blow back would be good:
the judge can't consider the RIAA's DMCA agenda while deliberating the
alleged Copyright infringement.  The sequence needs to be strict:
Copyright *then* DMCA.


Or have better minds than mine already thought of this?

-- 
Regards
Peter Miller <millerp at canb.auug.org.au>
/\/\*        http://www.canb.auug.org.au/~millerp/

PGP public key ID: 1024D/D0EDB64D
fingerprint = AD0A C5DF C426 4F03 5D53  2BDB 18D8 A4E2 D0ED B64D
See http://www.keyserver.net or any PGP keyserver for public key.
-------------- next part --------------
A non-text attachment was scrubbed...
Name: not available
Type: application/pgp-signature
Size: 191 bytes
Desc: This is a digitally signed message part
Url : http://lists.linux.org.au/pipermail/linux-aus/attachments/20060817/6bc0e170/attachment-0001.pgp