IP: Criminalizing crypto criticism

[David Farber <dave@farber.net>]

>To: cryptography@wasabisystems.com, cypherpunks@cyberpass.net, gnu@toad.com
>Subject: Re: Criminalizing crypto criticism
>Date: Sat, 28 Jul 2001 13:34:00 -0700
>From: John Gilmore <gnu@toad.com>
>Sender: owner-cryptography@wasabisystems.com
>
> > Much of the hysteria regarding the DMCA's supposed ability to quash free
> > speech by cryptographic researchers is being whipped up by opponents
> > to the DMCA who are misrepresenting the DMCA in a calculated fashion in
> > order to promote opposition.
>
>The anonymous poster's legal analysis was not particularly novel.  It
>states that the "exemptions" in the DMCA actually cover the things
>that they were supposedly intended to cover.  That would be a
>refreshing change if it were true, but the law is full of weasel words
>and exemptions to the exemptions.  Only accredited researchers, not
>cypherpunks, can do research, for example.  And you're only exempt if
>you tell the company first, so they know to sue you before you do the
>research, rather than after the results are leaking out to the public.
>
>Neither my opinion nor the poster's opinion controls, though.  What
>matters is what the judges will say, and how expensive it is to
>ordinary researchers to find out.  In the 2600 case, what the judge
>said is that even if Jon Johansen might have been able to reverse-
>engineer DVD players under an exemption (an issue that he didn't
>decide), 2600 Magazine was unable, under the statute, to publish even
>*A LINK* to Jon's results.



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