Professor Moglen,

Thank you for your comments. While I do think the DMCA is an unwise statutory device, I know that the glancing blows I have thrown at it here will not result in a knockout. Far from it. And I do think that the First Amendment argument is stronger than the general policy observation I have made here. The only reason I did not tackle it instead was because I did not think I could to it justice in 1000 words.

My goal here was to communicate succinctly that there are sound reasons to question the DMCA model. I sought to do so because remarkably it seems that some have not recognized the dangers of the DMCA, some who are not purple-tongued Kool Aid drinkers but are nevertheless unaware of the DMCA's threat.

Thank you again for your comments. I will consider if there are ways I can revise to address your well-taken points.

-- BrianS - 29 Jan 2010