Quote:
Originally Posted by llreader
It is especially troubling that the "fair user" very often can't be sure if what they are doing is legal or not, because the definitions are so fuzzy.
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Some lawyers have apparently considered challenging the whole law on that basis, on the grounds that it's unconstitutional to have crimes that can't be identified before a court rules on them. (The same concept is occasionally mentioned in connection with "obscenity" trials.)
There's something wrong with, "you can't know whether or not you've broken the law until after someone sues you or the state prosecutes you."