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
