On 30 Dec 2002 12:16:43 +0100 [EMAIL PROTECTED] (Richard Menedetter) wrote:

>Hi Samuel!

>23 Dec 2002, "Samuel W. Heywood" <[EMAIL PROTECTED]> wrote:

> SH> It is believed that the law will be passed and that even President
> SH> Bush will sign his approval of it.
> Sam ... I really like your sense of humour !!!
> Have litterally been laughing out loud for many minutes ...
> that EVEN is sooooo wonderful ...

What I said was not intended as a humorous comment at all.  It was a
serious critical comment.  Republicans are always saying that
support of free enterprise and innovation is a cornerstone of their
political philosophy.  Here they are being inconsistent in coming out in
favor of a law which would stifle competition in the development of
computer software and hardware and operating systems.  How can a GOOD
Republican support the DMCA and the TPCA?

> SH> It is my opinion that the law, if passed, would soon be repealed due
> SH> to popular protest.
> Where is the american protest ??

The only reason you don't find many Americans protesting is that
most of them don't even know about the DMCA and TPCA.  I didn't find
out about it untill just recently by your posting about it on this
mailing list.

> America was thinking about the DMCA.
> In Europe it was immediately discussed, and opposed.
> America introduced the DMCA.
> Europe still opposed it.
> Most americans seem not even to have *NOTICED* it.

We don't NOTICE it because it isn't being widely mentioned and
commented upon here.  Only a very few Americans know about it.

> America thinks about mandatory TCPA fearures.
> Europe discusses snd opposes it.
> America is silent.
> America introduces ....

> Do you get the picture ??

 SH> If it is not repealed I think it would be overturned by the courts due
 SH> to concerns as to its constitutionality and over concerns about how it
 SH> violates the anti-monopoly laws.
Has not yet happened with the DMCA.

A law cannot be repealed or overturned until after it is passed.  Before
a proposed law is passed it could be killed in committee, which is
probably what would happen with this proposed law if enough Americans
were aware that such legislation were under serious consideration.

> SH> If the law is passed, and if the law stands, I think it will open up a
> SH> lucrative black-market for technicians and hackers who would soon
> SH> learn of a way to bypass and defeat the new technology to be installed
> SH> on the new DMCA and TPCA compliant computers.
> Sure ... but this is irrelevant.
> RIAA wants to stop joe average from copying his CDs etc.
> They don't care about advanced hackers. There are too few of them.
> The only thing that matters is that the hackers can't find a way to circumvent
> the measures for Joe average, because this would hurt their $$$.
> They have tried with software only, and miserably failed.

> So they need TPCA.
> As long as you have TCPA computers Joe average will NOT be able to copy.

Joe Average knows that it is of course a very simple thing to capture
an audio output and copy it onto any media he wants, whether to an audio
cassette, a reel-to-reel tape, a CD, or even to a vinyl record.  DMCA and
TPCA technology will not be an effective preventative for copyright theft.

> SH> Also there would be ways for overseas computer manufacturers to
> SH> continue to manufacture computers without DMCA and TPCA technology and
> SH> arrange to have them smuggled into the US.

> Sure ...
> These dealers will be prosecuted by the police.

Only if they get caught.

> Conclusio:
> Americans stop to shut up, turn on your brain, and oppose the passing of
> silly laws.

> And don't forget that there are lobby controlled idiots in high positions ...
> actually very high ones :((

For every powerful lobby group there is also an anti-lobby group.
Sometimes the anti-lobby group influences more voters than the lobby
group.  This is certainly the case when we look at the very powerful
and rich tobacco lobby.  Despite all the support and money the lobby
is getting from the tobacco industry the anti-smoking crusaders keep
winning.  The only politicians the tobacco lobby can control are those
who represent major tobacco-pruducing states such as Virginia and North
Carolina.

Sam Heywood
P.S.  I am using NetMail Pro because I am currently in a travel mode, and I
am using my laptop, and I am having a problem with its internal mouse right
now.  Unlike Clarence, I don't know how to operate Arachne very well at all
without a mouse.  I will just acquire and install an external mouse later.

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