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A comment on Nintendo's big piracy case is a sad story. Parent comment

Re:Nintendo's big piracy case is a sad story by zucker42 on Thursday June 09, 2022 @07:14PM (#31688158)
Because the law is absurd, unconstitutional, immoral and harmful. Nonetheless, it's still enforced.
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Re:Nintendo's big piracy case is a sad story by kelnos on Thursday June 09, 2022 @09:22PM (#31688901)
> Because the law is [..] unconstitutional

I agree with you on all the other bits, but I'm curious as to why you believe it's unconstitutional. Not trolling here; I don't think I've heard constitutionality arguments against the DMCA, and I'm curious if there's something there.

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Re:Nintendo's big piracy case is a sad story by sneak on Thursday June 09, 2022 @09:54PM (#31689111)
Not GP, but I assume they mean that publishing DRM circumvention tools is or should be protected expression/speech (as is publishing any other type of software or code).

PS: thanks djb (c.f. Bernstein v USA)

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Re:Nintendo's big piracy case is a sad story by zucker42 on Friday June 10, 2022 @01:31AM (#31690413)
The main way in which DMCA 1201 is unconstitutional is that it violates the first amendment. The EFF is litigating a case to this effect right now.

Unfortunately, the Supreme Court's one big proponent against copyright overreach is leaving the court soon.

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