Liked the jury nullification comment

Post #69,415 by SpiceWare 12/17/02 5:20:35 PM Reply	Liked the jury nullification comment "The jury has the flexibility to think about (ElcomSoft's motives) and essentially nullify the law if they think it is overreaching," said Jefferson Scher, a partner at Carr & Ferrell. "I think there's a little O.J. factor if they decided that the law shouldn't be read as strictly as it seems to read." Darrell Spice, Jr. [link\|http://home.houston.rr.com/spiceware/\|SpiceWare] - We don't do Windows, it's too much of a chore
Post #69,487 by a6l6e6x 12/17/02 8:46:31 PM Reply	Good point, Spice. I missed that aspect initially. Alex "No man's life, liberty, or property are safe while the legislature is in session."\t-- Mark Twain
Post #69,603 by jb4 12/18/02 9:56:21 AM Reply	Yeah...caught that. In fact, I was thinking how I (as both a software engineer, and no ffiend of the DCMA and its ilk) would be able to screw up this law were I to somehow appear on such a jury. Jury nullification came to mind quite quickly. It seems there may have been others with the same thought. jb4 "They lead. They don't manage. The carrot always wins over the stick. Ask your horse. You can lead your horse to water, but you can't manage him to drink." Richard Kerr, United Technologies Corporation, 1990
Post #69,609 by SpiceWare 12/18/02 10:08:54 AM Reply	Dan Gillmor picked up on it too [link\|http://www.siliconvalley.com/mld/siliconvalley/business/columnists/dan_gillmor/4762270.htm\|Copyright verdict, new technology are reasons to hope] I find myself wondering if the jury did a little of what legal folks call `nullification'' -- refusing to convict a defendant when the law itself is a bad one or a conviction feels unjust. Wish he'd have covered that more - I suspect a lot of people are unaware of it. Darrell Spice, Jr. [link\|http://home.houston.rr.com/spiceware/\|SpiceWare] - We don't do Windows, it's too much of a chore
Post #69,975 by andread 12/19/02 4:11:59 PM Reply	Different view in morning newspaper whoever wrote it felt that the jury was moved by the argument that the law gave the user a right to make a backup copy which is what the s/w enabled the user to do and that they wanted to protect this right it's not really nullification when two laws conflict A Play I Some Music w/ Papa Andy Saturday 8 PM - 11 PM ET All Night Rewind 11 PM - 5 PM Reggae, African and Caribbean Music [link\|http://wxxe.org\|Tune In]

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