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People pointing out that this is some weird quirk of Japanese law: if there's an argument that reverse engineering the software to determine how this works is c

by mjg59 3y ago

People pointing out that this is some weird quirk of Japanese law: if there's an argument that reverse engineering the software to determine how this works is circumvention of a technical control, this would potentially be a violation of 17 U.S. Code § 1201 - https://dair-community.social/@kendraserra/111675401216788985 https://dair-community.social/@kendraserra/11167540121678898... discusses case law around a separate kind of case, but one that could be argued here. Let's not criticise Japanese law without acknowledging that US law is also fucked up.

samatman 3y ago
Those aren't the only two options. Shall we make sure to criticize the law of all 192 remaining member states of the United Nations every time one country's legal system comes into focus? Wouldn't want to leave anyone out.
boomboomsubban 3y ago
While I agree that the US law on the matter is also fucked up, 17 U.S. Code § 1201 seems to be a civil violation not a criminal one. The police wouldn't arrest you and the punishment is financial and an injunction from further activities.
- mjg59 3y ago
  US vs Elcom was based on 1201 violations?
  - boomboomsubban 3y ago
    Every 1201 violation in the indictment is paired with a Title 18 violation, which is the section on Federal crimes. See https://www.eff.org/node/55475 https://www.eff.org/node/55475 At least from my reading of section 1201 alone, I don't see criminal charges mentioned, though I'm just a laymen. They seem to be able to use it in combination to charge you though, so not any better than Japan.
megapolitics 3y ago
>Let's not criticise Japanese law without acknowledging that US law is also fucked up. This doesn’t need done at all. This is just whataboutism. This story does not involve the USA and the discussion about other countries does not need to be derailed every time with discussion about and comparison to the USA.

by mjg59 3y ago

samatman 3y ago

Those aren't the only two options. Shall we make sure to criticize the law of all 192 remaining member states of the United Nations every time one country's legal system comes into focus? Wouldn't want to leave anyone out.

boomboomsubban 3y ago

While I agree that the US law on the matter is also fucked up, 17 U.S. Code § 1201 seems to be a civil violation not a criminal one. The police wouldn't arrest you and the punishment is financial and an injunction from further activities.

mjg59 3y ago
US vs Elcom was based on 1201 violations?
- boomboomsubban 3y ago
  Every 1201 violation in the indictment is paired with a Title 18 violation, which is the section on Federal crimes. See https://www.eff.org/node/55475 https://www.eff.org/node/55475 At least from my reading of section 1201 alone, I don't see criminal charges mentioned, though I'm just a laymen. They seem to be able to use it in combination to charge you though, so not any better than Japan.

megapolitics 3y ago

>Let's not criticise Japanese law without acknowledging that US law is also fucked up. This doesn’t need done at all. This is just whataboutism. This story does not involve the USA and the discussion about other countries does not need to be derailed every time with discussion about and comparison to the USA.