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Tuesday, April 02, 2002

More re the Constitution and Fair Use Not everyone agrees with Ed Stroligo regarding the lack of Constitutional underpinnings of the fair use doctrine. The defense is arguing a Constitutional (First Amendment) basis for fair use in the ElcomSoft/Sklyarov case currently pending before Judge Whyte in the Northern District of California. (See also Ernie the Attorney's discussion of the case and overarching digital rights issues.) -Later: Still pending for decision before Judge Whyte is the defense's Motion to Dismiss based on its argument that the DMCA violates the First Amendment. [llrx]

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