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The law has apparent, gross constitutional problems, so how is it still in force? HereâEUR ™ s the civics-class variation of the relationship between the US constitution and Congress: AmericaâEUR ™ s constitution limits the laws Congress can make. Congress isnâEUR ™ t supposed to make unconstitutional laws, and when a judge couples live sex cam finds such a law, he or she can rule that the law is invalid. Nothing as high-stakes as law is ever as simple as that. People can disagree about whether a law is constitutional - the constitution has a lot of high-flown language whose specifics have been hammered out over centuries by judges and legal representatives and scholars who have increasingly disputed them (and even fought over them). A lawmaker might create a statute he thinks to be constitutional, while a judge may rule that itâEUR ™ s not and strike it down. Then thereâEUR ™ s the concern of how these sorts of questions end up in front of a court. In the years since the DMCAâEUR ™ s passage, there have actually been relatively few court obstacles. In one case, Universal v Corley, a motion picture studio effectively took legal action against the hacker publication 2600 for releasing computer system code that could descramble a DVD.

In 2002, a technically unsophisticated judge in the event ruled that a hacker magazine could be censored under the DMCA and was not protected by the first amendmentâEUR ™ s guarantee of complimentary speech due to the fact that the code was a type of âEURœstealingâEUR. In the years since, the entertainment industry has been canny about its hazards. When Ed Felten - a prominent computer researcher, then at Princeton University, now deputy CTO of the White House - and a group of peers released a paper on flaws in DRM for music called Secure Digital Music Effort, the record business threatened to sue him and the technical conference where the paper was to be delivered. The Electronic Frontier Foundation advance to protect Felten, and the labels beat all speed records withdrawing their threats because they comprehended that judges would hesitate to give record executives a veto over the type of technical presentations that computer system scientists could provide.