This is an interesting comment made by John Timmer and if his interpretation is correct, then that could open a very LARGE hole in the DMCA.

http://arstechnica.com/news.ars/post/20080804-air-force-cracks-software-carpet-bombs-dmca.html

But the court also addressed the DMCA claims made by Blueport, and its decision here is quite striking. “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.” Thus, because sovereign immunity is not explicitly eliminated, and the phrasing of the statute does not mention organizations, the DMCA cannot be applied to the US government, even in cases where the more general immunity to copyright claims does not apply.

Based on this statement alone, it is easy to take the next logical step in what “other” organizations are not covered by the DMCA?  Does it clearly state that corporations or non-profits are covered?  What about associations?  They are clearely organizations.  If this pattern applies, then what about single person organizations?

I am sure there is some text in the tome that is the DMCA that could easily kill this line of reasoning, but it makes for an interesting loophole the government may have carved out for the rest of the world.

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