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Old 05-10-2013, 01:17 PM   #22
Xenophon
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Quote:
Originally Posted by Ninjalawyer View Post
And I'll remind you that I think it's far from settled at law in the U.S. The argument in your link assumes (from a quick skim) that the general preamble of an Act overrides the specific terms of the Act, and this is not correct under the rules of legislative interpretation. The preamble offers interpretation assistance only, but it does not override substantive sections.
That message was based on notes I took in a seminar for computer scientists on legal issues regarding IP, copyright, etc. Any interpretation therein has been filtered through not only my note taking skills but also my layman's understanding. The part that's relatively solid is the 6 bullet points near the bottom. The paraphrasing there may suffer from my layman's translation, but avoids the possibility of bad note taking. Name of eminent IP lawyer available via PM on request.

I think, however, that your first sentence indicates that you would agree that the question of whether or not removing DRM violates the DMCA is far from settled law in the U.S. Do I have that right?

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