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Original thread:
Post 7 made on Thursday June 21, 2007 at 15:43
erock1
Long Time Member
Joined:
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August 2005
218
The CCA can make their amendments to the license agreements but that has nothing to do with them being able to enforce them. Kaleidescape has already litigated and won with regard to the terms of the CSS license. I'm sure they will not back down again and the area of "fair use" has not yet even been addressed. Litigation by the movie studios has never addressed "fair use". The lawsuits that shut down 321 in San Francisco federal court were never about "fair use". Litigation has only been focused on the DMCA's unlawfullness of circumventing devices. It is my understanding that congress is also revisiting the DMCA with regard to the language of creating, owning and or using a program or device to circumvent encryption. If the DMCA is amended to eliminate or lessen this restriction then the battle will only be on "fair use". IMHO, the courts at trial or appeal will favor the consumer (not the pirate) for "fair use".


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