Comment by lutusp
3 months ago
> Being found not guilty supports my contention.
Not necessarily. A cynical modern legal strategy is to bombard people with frivolous legal actions that only the well-heeled can afford. Defendants can argue that claims are baseless or frivolous, but to make that argument, they must hire a lawyer and appear in court.
To see my point, look at the number of frivolous prosecutions now being launched by ... ah, never mind, I don't want to get political.
But individuals have been successfully prosecuted for "aiding and abetting" violations of the DMCA, where speech was a material element of the proscribed behavior. Oh, and -- IANAL.
> A cynical modern legal strategy is to bombard people with frivolous legal actions that only the well-heeled can afford
Why only describe them and not go for the easiest example: Nintendo.
A lot of the people Nintendo goes after make money with one sort of piracy or another.
You could do the same thing DMCA or not.
You could, but having a law that is adjacent makes it dramatically harder and more expensive to defend yourself against the bogus accusations.