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List:       dmca-discuss
Subject:    Re: [DMCA_Discuss] Is DMCA the "Law" yet?
From:       "Matthew T. Russotto" <mrussotto () speakeasy ! net>
Date:       2002-08-29 13:07:11
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On Thursday, August 29, 2002, at 05:28  AM, IBSHQ@aol.com wrote:

> As a practical manner until RIAA
> brings civil action against some
> webcaster for "violation" of
> program restrictions, such as "no
> interactivity" and that part of the
> "law" is tested against, say our
> First Amendment right(s) to free
> speech or our Fifth Amendment
> property rights, DMCA is the "law"
> but it is not yet, the "LAW."

Please don't kid yourself.  The mechanical royalty provisions of the 
DMCA are little different than the mechanical royalty provisions of 
earlier copyright law.  This is old and established territory, and 
there's no real chance they'd be found unconstitutional, even if the 
content industries didn't own the courts.

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