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RE: [dvd-discuss]Lexmark Decision
- To: dvd-discuss(at)cyber.law.harvard.edu
- Subject: RE: [dvd-discuss]Lexmark Decision
- From: Jim Bauer <jfbauer(at)comcast.net>
- Date: Wed, 26 Mar 2003 14:30:49 -0500 (EST)
- In-reply-to: <255195E927D0B74AB08F4DCB07181B904C5585@exchsj1.onetouch.com>
- Reply-to: dvd-discuss(at)cyber.law.harvard.edu
- Sender: owner-dvd-discuss(at)cyber.law.harvard.edu
On 26-Mar-2003 Richard Hartman wrote:
>
>> -----Original Message-----
>> From: microlenz@earthlink.net [mailto:microlenz@earthlink.net]
>>
>> Can one have a right with no opportunity to exercise it?
>>
>
> That is indeed the central question at the crux of the
> entire DMCA issue. We have the _right_ to fair use
> but the DMCA can be used to deny us the opportunity
> to excercise that right by inserting a TPM between us
> and the work.
This is like having the right to vote, but being
prohibited from going to the place necessary to cast
your vote. If you are prohibited from excerising a right,
then you really do not have such a right.
--
Jim Bauer, jfbauer@comcast.net