Re: [DMCA-Activists] MPAA draft state super-DMCA amendment

[Ruben Safir]

Discussing the chilling effect will clearly sway the public to 
put preasure on the Legistlative branch of Government.




On Fri, Apr 04, 2003 at 12:33:25AM -0500, Dan Barrett wrote:
> I think you're quite right about the chilling effect -- when I first read the 
> bill, it struck me as a ready-made SLAPP (Strategic Lawsuit(s) Against Public 
> Participation) mechanism.
> If some corporation wanted to silence me via a civil action under H.2743, the 
> teeth are there: seizure of equipment; threat of $gazillion/day fines; the 
> towering cost of the legal representation necessary to prevail against a 
> multinational corporation.  Now, a court might determine after the fact that 
> "intent" was absent and that I've done no wrong, but in the meantime, my 
> hardware is gone and the lawyer's taxi meter is still running.  The MPAA need 
> only subject one or two folks to this kind of treatment before one decides 
> not to put those instructions for booting Plan 9 on TiVO up on one's website.
> 
> 
> On Thursday 03 April 2003 18:31, David Turner wrote:
> 
> > chilling effect, because there's a private right of action.  Taking
> > MythTV as an example, skipping commercials could be considered
> > "defrauding" a communication service provider.  General time and space
> > shifting might also, if prohibited by some user agreement (probably,
> > future pay TV services will come with such agreements).
> >
> > Any other comments?
> 
> --
> http://www.offthehill.org/~dan
> 
> 
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