[dvd-discuss] Re: DMCA protection of SPAMMING

[Seth Finkelstein <sethf(at)sethf.com>]

	The censorware DMCA exemption is very specific to censorware.:

  "The particular class of works designated in this rulemaking covers
   the lists of websites blocked by commercially marketed filtering
   software applications that are intended to prevent access to
   domains, websites or portions of Web sites. However, the exempted
   class specifically excludes lists of Internet locations blocked by
   software designed to protect against damage to computers, such as
   firewalls and antivirus software, or software designed to prevent
   receipt of unwanted e-mail, such as anti-spam software."

	As anti-spam software is excluded, I assume pro-spam software
would be excluded too :-)

	Sigh - you can't unrestrict DeCSS by using it on other
material. Doesn't work. Informally, the courts aren't idiots.
Formally, the key standard is:

        o (A) is primarily designed or produced for the purpose of
              ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
          circumventing a technological measure that effectively controls
          access to a work protected under this title;
        o (B) has only limited commercially significant purpose or use
                       ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
          other than to circumvent a technological measure that effectively
          controls access to a work protected under this title;

-- 
Seth Finkelstein  Consulting Programmer  sethf@sethf.com  http://sethf.com
Interview: http://grep.law.harvard.edu/article.pl?sid=03/12/16/0526234
Seth Finkelstein's Infothought blog - http://sethf.com/infothought/blog/