Re: Constitutional Challenge to (C) Code

John Logie <antrobus[_at_]ripco.com> wrote:
>
> While I appreciate the spirit in which this was offered, I think it
> must be pointed out that since the No Electronic Theft Act was passed
> in December of last year, the penalties for electronic distribution of
> copyrighted material are significant enough that one ought to become
> VERY familiar with the statutory penalties (up to $250,000 in fines and
> up to 3 years in prison) before volunteering to become a "test case."
> Because this bill was directed at "electronic theft" it might be wiser
> to pursue a print-based stratagem.

Isn't the criminal provision just what is needed to allow you to sue in advance of committing the act under the First Amendment's special "chilling effect" justiciability?

After all, if Congress lacks power under the Copyright clause, then one has a pretty clear cut unwarranted restriction of the press (or html page) doesn't one?

-- 
Regards,

John Lederer	
Oregon, Wisconsin
<johnl[_at_]ibm.net>