On 04/05/07, Delirium <delirium(a)hackish.org> wrote:
The 2600 decision, according to the text of the
decision, was almost
entirely based on the fact that 2600 was explicitly "trafficking" in
circumvention tools, since it was pretty much a "hey download this tool
here!" type of link. The court took great pains to note that any sort
of academic or educational discussion of circumvention tools would be
protected. Basically 2600 didn't even pretend to have a veneer of
academic discussion, so it was a completely different case; if _Wired_
were taken to court and lost, that would be much more similar to our
situation. In fact in the years since the 2600 case, many dozens of
people have published such keys and circumvention devices in academic
and educational contexts, and none has lost a court case.
None has lost one - has any been put through one?
- d.