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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