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Comment Nintendo and Playstation (Score 1) 214

Even if a bill was passed that made bypassing security devices illegal, it would be overruled in court because of a an earlier law that allows the making of an archival backup copy. Yes, the parties would need the money to try this in court (Connectix?). But, I feel confident our legal system would see this in the end.

A good example of this is a recent bill passed that made it illegal to have adult-xxx material on the internet unless you block it from minors (via credit card or some other means). This law went into affect a few months ago, but all sites are still wide open. Why, because a judge ruled that it may be unconstitutional and the law's activation has been postponed until it can be heard in court (maybe years from now).

Also, just because there's a bill proposed, doesn't mean it makes it to law. A few years ago there was a bill proposed that would make software public domain after only (I believe) 3 years. This wasn't passed (although it would have been great for retrogamers)!

Lawmakers many times will pass bills that have certain items in it that they know will be stripped out by the courts (like the internet adult-xxx law). Then, why do they do it? Simple, so they look good to the people they represent. I believe the same goes for this security device bill. Big software companies have probably been courting lawmakers so they would stick this into a bill. The lawmakers can pass the bill and do their part, even if only weeks later it will be put on hold till it can be heard in court.

Talk about a bunch of people all spinning their wheels and not getting anything done!

Tim Eckel, Arcade@Home
http://www.ArcadeAtHome.com

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