On Saturday, April 17, 2004 2:49 PM [GMT+0800=SGT],
Raj Mathur <[EMAIL PROTECTED]> wrote:

> You may not like it but you'd have to live with it.  Just as
> you have the right to embed security into your software, others
> have the right to study, hack and bypass that security.

Rights are defined by law, and law may make such "study" illegal.
There are no "innate" rights in the Indian Constitution[1].  "Rights"
which are granted today may be removed tomorrow[2].

> I think you're missing the important point here -- stealing
> music is illegal, but providing tools that MAY be used to steal
> music isn't. If we support the banning of tools that may
> possibly be used for illegal purposes we'll have to ban just
> about everything -- starting with computers, Winduhs, Linux,
> gdb, nmap, C compilers, Perl, netstat, ping, mutt, Emacs,
> EVERYTHING!
>
> Remember -- it's not the tool that is illegal, it's the use to
> which it is put by an individual that is or is not.

True, in general.  However, tools may be banned, even if the purpose
that they may be used for is not clear, or proven.  Examples include
the ban of knifes with blades longer than 6 inches[3], the transport
of cultures for communicable diseases, etc.

Raju, I agree with you fully, and we are in good company, Hume,
Franklin, Mills, et al.  However, the law is what the law says it is,
not what is right, or reasonable.

==

[1] The US Declaration of Independance states that some rights are
"inalienable", and among these are the rights to "life, liberty, and
the pursuit of happiness".  However, the Declaration has no legal
value, the Constitution does, and that "grants rights", not recognizes
their existance.

[2] cf The right to Property.  This was a Fundumental Right under the
1950 Constitution.  Look for Section Article 19 (f).  Look carefully.
Then look at the 44th Amendment.  Also, look for Article 31, "Right to
Property".

[3] Being in possesion of a knife with blade longer than 6 inches is
not in itself illegal, but the Court will accept that as evidence
adducing against you.  Inaccurately but pithily, you are guilty unless
you can prove yourself innocent.  Similar laws exist about the
carrying of "lock picks".

--
Sanjeev


_______________________________________________
ilugd mailinglist -- [EMAIL PROTECTED]
http://frodo.hserus.net/mailman/listinfo/ilugd
Archives at: http://news.gmane.org/gmane.user-groups.linux.delhi 
http://www.mail-archive.com/[EMAIL PROTECTED]/

Reply via email to