[FoRK] Re: Kindle first impressions

[Jeff Bone]

On May 5, 2008, at 3:44 PM, Luis Villa wrote:

> Though it has never gone to court, there seems to be wide consensus
> (among both fans and opponents of the DMCA) that the DMCA does take
> away fair use in any situation where DRM is in place.

Yes, my point is that they can't prevent me from acting as if fair use  
was in effect, they can only punish me if I act that way and they have  
indeed diluted the doctrine.  But they've got to catch me, first.   
Then they've got to mount --- and win --- a trial.  Pretty much  
inconceivable for any of the kinds of fair use or other behavior,  
legal or otherwise, that I'm likely to engage in anyway...

>> regardless what they attempt to do in their license agreements  
>> (freakin'
>> lawyers, I refuse to acknowledge any terms in any license agreement I
>> "sign," period.
>
> The thing with the DMCA is that it doesn't rely on anything you sign
> or don't sign.

Don't care;  doesn't bother me.  AFAIC, it doesn't exist. ;-)  This  
idea that lawyers have that somehow words on paper (particularly when  
they're prima facie ridiculous) can by themselves coercively,  
preemptively modify people's behavior is, frankly, baffling. ;-)

jb