Kaizenlog

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| USAF Violates DMCA, Escapes Unscathed                              |
|   from the because-we’ve-got-planes-that’s-why dept.               |
|   posted by kdawson on Tuesday August 05, @00:03 (The Military)    |
|   http://tech.slashdot.org/article.pl?sid=08/08/04/2253246 |
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[0]eldavojohn recommends coverage at Ars on a Byzantine case just thrown
out by an appeals court. The US Air Force [1]cracked the code that would
expire a piece of software. For this they were sued under the DMCA in
Blueport v. United States. The Court of Federal Claims heard it and threw
it out. “The reasoning behind the decisions focuses on the US
government’s sovereign immunity, which the court describes thusly: ‘The
United States, as [a] sovereign, “is immune from suit save as it consents
to be sued… and the terms of its consent to be sued in any court define
that court’s jurisdiction to entertain the suit.”‘ … ‘The DMCA itself
contains no express waiver of sovereign immunity,’ the judge wrote,
‘Indeed, the substantive prohibitions of the DMCA refer to individual
persons, not the Government.’”

Discuss this story at:
http://tech.slashdot.org/comments.pl?sid=08/08/04/2253246

Links:
0. http://www.thislife.org/Radio_Archive.aspx
1. http://arstechnica.com/news.ars/post/20080804-air-force-cracks-software-carpet-bombs-dmca.html