Nuke Redmond!

alan at alanlee.org alan at alanlee.org
Mon Oct 7 14:21:13 CDT 2019


On 2019-10-07 08:49, corey cohen via cctalk wrote:

> So for example I own a DVD of raiders of the lost ark, I’m allowed to 
> make a backup for myself.

Just beware I don't believe there has been a DMCA challenge that 
validates your claim yet.  Fair-use is always subjective.  And truth 
often drops to the bottom of reasons for prosecutions.  I can't afford 
your bail bond Corey :(  So be careful and don't call Evan as a 
character witness!

"Initially, federal prosecutors valued the discs at $299 each..."  That 
wasn't because of un-willful ignorance.  It is not in the prosecutions' 
best interest to counter a weak claim that bolsters their case - even an 
erroneous one.  That's the defense's job.  Most prosecutors inflate 
initial damage claims to untruthful absurd levels because there is very 
little procedural opportunity for the defense to challenge.  And doing 
so will slow down a trial bearing considerable cost.  A common way 
prosecutors pressure pleas - literally starve them out.  It's a bit 
unsavory at best and unethical at worst; but legal.

We have a great criminal justice system.  But it's run by people who can 
be flawed  - or motivated by politics such as their own elections.  And 
it predicates success on both sides opposing at full force with equal 
resources.  That is not the reality in nearly all proceedings.   My view 
refined significantly when I stood in a court room on the other side 
potentially facing 9 years on new computer related statutes that no one 
understood - including my lawyer.

-A


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