Can someone point me to the argument where
either Judge Kaplan or some motion picture
industry person claims publication of DeCSS
code results in imminent or irreparable
harm?
It seems to me that if you (whether "you"
refers to a lowly individual or a massive
industry) were warned that doing something
was futile, but you did it anyway, that it
would be YOUR fault that you were dumb
enough to ignore the expert advice, DCMA
not withstanding.
It appears that DCMA is the only way to
"save" their asses right now because the
technology and the fundamental architecture
(of priviledged players) is just broken
from the start, and they knew it.
I personally know that the expert advice
was given, and I think numerous public
"notice" was given, including ones by
Bruce Schneier and others.
So I just don't get why (other than perhaps
Kaplan was too personally close to the film
industry) Kaplan can rule against DeCSS.
I would think that there are similar laws
protecting whistle blowers from be harassed
with massive "damage" civil suits.
Ern
