A US appellate division court has thrown out a DMCA claim against the Air Force (a former soldier wrote some software on his own time for the USAF, added in a time-bomb that made it stop working, and quit and sold the software's copyrights to a company that sued the Air Force for defusing the time-bomb rather than buying a license) and has made it clear that the DMCA doesn't apply to the US government at all.
But the court also addressed the DMCA claims made by Blueport, and its decision here is quite striking. "The DMCA itself contains no express waiver of sovereign immunity," the judge wrote, "Indeed, the substantive prohibitions of the DMCA refer to individual persons, not the Government." Thus, because sovereign immunity is not explicitly eliminated, and the phrasing of the statute does not mention organizations, the DMCA cannot be applied to the US government, even in cases where the more general immunity to copyright claims does not apply.
It appears that Congress took a "do as we say, not as we need to do" approach to strengthening digital copyrights.
[My EFF colleague Katharine is back with a very important message about a singularly stupid and dangerous legislative proposal that is steamrolling through Congress; even by the standards of stupid and dangerous Congressional copyright rules, this one is an exception -Cory] Every year, for a couple of years now, Congress has debated passing some version […]
In my latest podcast (MP3), I read my Green European Journal short story about the terrible European Copyright Directive which passed last March, False Flag. Published in December 2018, the story highlights the ways in which this badly considered law creates unlimited opportunities for abuse, especially censorship by corporations who've been embarassed by whistleblowers and […]
Canada's Conservative Party is terrible, and it has terrible policies, and it will be terrible for Canada if they are elected. I already voted against them with my mail-in ballot. That said, the CBC is 100% wrong to sue the Tories for copyright infringement over the inclusion of short debate clips in Conservative campaign websites […]
People tend to keep luggage around for a long time. And why not? New suitcases are pricey, and no matter how banged up or patched up that old bag gets, it still holds your clothes. Right? Maybe not. Here are 15 travel bags and accessories that make a strong case for upgrading your gear. They’ve […]
Do you own a Mac? Unless you’re using it for a paperweight, you almost can’t afford not to get the Magnificent Mac Bundle. It’s a roundup of some truly essential security and file management apps, bundled up with great photo and video enhancers. The best part is that all nine apps are potentially available for […]
As much as vaping has taken over the market during the last decade, there’s still a lot of questions about the technology, as well as health concerns that we’re just now finding out about. One thing you can say about smoking: You know exactly what you’re getting, especially when it comes to pipes that you […]