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https://en.wikipedia.org/wiki/United_States_v._Elcom_Ltd https://en.wikipedia.org/wiki/United_States_v._Elcom_Ltd. Found not guilty, but he was charged and tri

https://en.wikipedia.org/wiki/United_States_v._Elcom_Ltd https://en.wikipedia.org/wiki/United_States_v._Elcom_Ltd. Found not guilty, but he was charged and tried.

semiquaver 1y ago
Being found not guilty supports my contention. But that case was about distributing circumvention software, not traditional speech. Obviously distributing software that bypasses DRM is directly addressed by the law.
- amake 1y ago
  The Process is the Punishment
- chimeracoder 1y ago
  > Being found not guilty supports my contention. Not necessarily. Being found not guilty just means that the facts of that specific case, as determined by the jury, did not fit a guilty verdict. It doesn't mean that someone who did a similar or analogous thing couldn't be prosecuted under the same law and found guilty.
- lutusp 1y ago
  > Being found not guilty supports my contention. Not necessarily. A cynical modern legal strategy is to bombard people with frivolous legal actions that only the well-heeled can afford. Defendants can argue that claims are baseless or frivolous, but to make that argument, they must hire a lawyer and appear in court. To see my point, look at the number of frivolous prosecutions now being launched by ... ah, never mind, I don't want to get political. But individuals have been successfully prosecuted for "aiding and abetting" violations of the DMCA, where speech was a material element of the proscribed behavior. Oh, and -- IANAL.
  - braiamp 1y ago
    > A cynical modern legal strategy is to bombard people with frivolous legal actions that only the well-heeled can afford Why only describe them and not go for the easiest example: Nintendo.
    - mschuster91 1y ago
      A lot of the people Nintendo goes after make money with one sort of piracy or another.
  - charcircuit 1y ago
    You could do the same thing DMCA or not.
    - dbdr 1y ago
      You could, but having a law that is adjacent makes it dramatically harder and more expensive to defend yourself against the bogus accusations.
- RicoElectrico 1y ago
  In USA the trial itself is a punishment.
  - cratermoon 1y ago
    Kafka would be proud/horrified.
- jacquesm 1y ago
  > Being found not guilty supports my contention. It does, but you're still bankrupt.
  - deleted 1y ago
    [deleted]

https://en.wikipedia.org/wiki/United_States_v._Elcom_Ltd https://en.wikipedia.org/wiki/United_States_v._Elcom_Ltd. Found not guilty, but he was charged and tried.

semiquaver 1y ago

Being found not guilty supports my contention. But that case was about distributing circumvention software, not traditional speech. Obviously distributing software that bypasses DRM is directly addressed by the law.

amake 1y ago
The Process is the Punishment
chimeracoder 1y ago
> Being found not guilty supports my contention. Not necessarily. Being found not guilty just means that the facts of that specific case, as determined by the jury, did not fit a guilty verdict. It doesn't mean that someone who did a similar or analogous thing couldn't be prosecuted under the same law and found guilty.
lutusp 1y ago
> Being found not guilty supports my contention. Not necessarily. A cynical modern legal strategy is to bombard people with frivolous legal actions that only the well-heeled can afford. Defendants can argue that claims are baseless or frivolous, but to make that argument, they must hire a lawyer and appear in court. To see my point, look at the number of frivolous prosecutions now being launched by ... ah, never mind, I don't want to get political. But individuals have been successfully prosecuted for "aiding and abetting" violations of the DMCA, where speech was a material element of the proscribed behavior. Oh, and -- IANAL.
- braiamp 1y ago
  > A cynical modern legal strategy is to bombard people with frivolous legal actions that only the well-heeled can afford Why only describe them and not go for the easiest example: Nintendo.
  - mschuster91 1y ago
    A lot of the people Nintendo goes after make money with one sort of piracy or another.
- charcircuit 1y ago
  You could do the same thing DMCA or not.
  - dbdr 1y ago
    You could, but having a law that is adjacent makes it dramatically harder and more expensive to defend yourself against the bogus accusations.
RicoElectrico 1y ago
In USA the trial itself is a punishment.
- cratermoon 1y ago
  Kafka would be proud/horrified.
jacquesm 1y ago
> Being found not guilty supports my contention. It does, but you're still bankrupt.
- deleted 1y ago
  [deleted]