Re: [dvd-discuss] Felten Opp to DoJ Motion to Dismiss

["Peter D. Junger" <junger(at)samsara.law.cwru.edu>]

mickey writes:

: "Although they allege that they are "concerned " about the applicability of the
: DMCA to their future publications, they do not allege with any specificity what
: those future
: publications might be, and thus neither they (nor, indeed, this Court) can say
: with any certainty
: whether the DMCA would apply to their conduct."
: 
: This sentence is what really bothers me about the DMCA. Here, the DOJ states that
: they consider publishing to be conduct. When publishing becomes conduct, it
: becomes easily regulated.

Speaking and publishing and communicating information are conduct, but that
conduct is ``pure speech'' and is exactly what is protected by the First
Amendment.  The Bartnicki case---I don't have time to dig up the cite---has
a wonderfully convincing statement on this point.  (And that statement
amounts to a holding by the Supreme Court.)

--
Peter D. Junger--Case Western Reserve University Law School--Cleveland, OH
 EMAIL: junger@samsara.law.cwru.edu    URL:  http://samsara.law.cwru.edu   
        NOTE: junger@pdj2-ra.f-remote.cwru.edu no longer exists