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DOA -- Freedom to Tinker (#1081)
Posted: 4/10/2003; 12:16 PM by Terry Frazier
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Not to be confused with Freedom to Tinker the weblog, our real freedom to tinker is being destroyed by the Copyright Cabal and their monetary hold on the political and judicial systems. I wrote about this XBox controversy, and the potential damage it could do, a couple of months ago. I have no doubt that this prediction in the Register article will come true:

[...] However, one thing is certain; the sentence will send an extremely powerful message to anyone else involved in the production or sale of Xbox mod chips in the USA (so far, the attempts of the US Department of Justice to extend the reach of the DMCA beyond its borders have - thankfully - been a failure). Expect a lot of mod chip projects and websites to quietly disappear in the next few days. [The Register]

Wherever one may stand on the issue of applying property rights to technology, it is difficult to argue in favor of laws that strip all property rights away from the legal purchasers of equipment. That's what the DMCA does. I have also noticed since my earlier post that aftermarket manufacturers in several large industries -- including printers and automotive -- are rightfully scared of a full-scale onslaught that will come from manufacturers now that there is a precedent for establishing a legal monopoly in virtually any industry by simply invoking the DMCA.

The DMCA is very bad law -- not a good law that can be misused, but a law that has almost no legitimate use that wasn't already provided by existing laws. Its sole purpose was to establish a draconian environment managed by copyright holders to the direct detriment of users, buyers, and individuals.

Electrical engineering is a crime. Not that we need more proof of the overreaching nature of the DMCA, but there it is. So David Rocci produces and sells "mod" chips for the XBox and gets five months in prison, five months of home detention and a $28,500 fine. Sure, that makes sense, particularly when compared to violent criminals who receive lesser sentences. [algorhythm]
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