Correction: DMCA was not used to shut down campus security talk

[Dave Farber <dave () farber net>]

------ Forwarded Message
From: Declan McCullagh <declan () well com>
Date: Tue, 15 Apr 2003 09:16:10 -0400
To: dave () farber net
Cc: ip <ip () v2 listbox com>, IP () dande homechoice co uk
Subject: Correction: DMCA was not used to shut down campus security talk

At 07:27 AM 4/15/2003 -0400, Dave Farber forwarded a message from DL Neil,
Mail list account" <IP () dande homechoice co uk>:
> Dave, Declan, Jamie,
> Don't want to get into the DMCA right or wrong debate (again), but security
> cuts both ways [...]
> If Blackboard issue a cease-and-desist order under DMCA, that means [...]

Dave,

You should send out a correction for your readers. The DMCA has nothing to
do with this lawsuit; it was not one of the claims in the complaint; it was
not used in any way to shut down the campus ID security talk.

True, the DMCA was waved about in the initial lawyer nastygram
(http://interz0ne.com/events/interz0ne_cease_order.html) but it did not
make its way into the complaint and therefore was not considered by the
judge in granting the injunction.

The preliminary injunction is here:
http://www.interz0ne.com/events/Blackboard_Restr_Order.pdf
And the complaint is here:
http://www.interz0ne.com/events/Blackboard_Complaint.pdf

If your readers don't like the judge's cease-and-desist order (and there is
ample reason to be concerned by it), their beef is with the five laws cited
in the complaint -- ECPA, the Georgia Computer Systems Protection Act, the
Georgia Trade Secrets Act, the Lanham Act, and the Computer Fraud and Abuse
Act -- or, alternatively, the judge's interpretation of them.

-Declan


------ End of Forwarded Message

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