[kwlug-disc] Don Marti on copyright and pro-trust laws

unsolicited unsolicited at swiz.ca
Fri Jun 24 14:36:45 EDT 2011


Chris Frey wrote, On 06/24/2011 1:13 PM:
> Was reading the advogato.org recentlog and came across this.  I found
> the linking of anti-trust and pro-trust laws with copyright circumvention
> laws rather insightful.
> 
> - Chris
> 
>     23 Jun 2011 [94]dmarti   [95]>>
> 
>    Dean Baker on free markets
.
.
.
 >    A free market view might be something like this: the government
 >    won't  regulate anti-copying and other restriction features of
 >    media systems, but it won't offer an enforcement subsidy either.
 >    Tim Lee wrote, in [99]Circumventing Competition: The Perverse
 >    Consequences of the Digital Millennium Copyright Act,
.
.
.
>    And the result of the Dmitry Sklyarov case? The US government dropped the
>    case against Dmitry himself, continued with the case against his employer,
>    and it ended in a [100]jury nullification of the DMCA. Has there been a
>    standalone anticircumvention criminal case (not just anticircumvention
>    charges added to an infringement case) since then?
.
.
.

Interesting.

But:
- with a Harper majority, can we guarantee that there won't be an 
enforcement subsidy?
- IANAL, and I don't have any topical experience, but could any 
Canadian jury have an impact of nullifying a law? [It would have to go 
to supreme court as a constitutional challenge? A lower judge couldn't 
throw out a law because it isn't consistent with (copyright) 
precedence, I wouldn't think.]

Interesting bit, none the less. However I'm wary - it seems we all too 
often extrapolate what we hear in the media about the U.S. as urban 
myth applying to Canada in the same way. [Would be glad to be told 
that is does apply in this case.]



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