The DMCA also provides that no one can create,
import, offer to others, or traffic in any technology, service, or device that is designed for
the purpose of circumventing some type of access control that is protecting a copyrighted
item. What??™s the problem? Let us answer that by asking a broader question: Why
are laws so vague?
Laws and government policies are often vague so they can cover a wider range of
items. If your mother tells you to ???be good,??? this is vague and open to interpretation. But
she is your judge and jury, so she will be able to interpret good from bad, which covers
any and all bad things you could possibly think about and carry out. There are two
approaches to laws and writing legal contracts:
??? Specify exactly what is right and wrong, which does not allow for interpretation
but covers a smaller subset of activities.
??? Write laws at a higher abstraction level, which covers many more possible
activities that could take place in the future, but is then wide open for different
judges, juries, and lawyers to interpret.
Most laws and contracts present a combination of more- and less-vague provisions
depending on what the drafters are trying to achieve. Sometimes the vagueness is inadvertent
(possibly reflecting an incomplete or inaccurate understanding of the subject),
while at other times it is intended to broaden the scope of that law??™s application.
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