Air Force cracks software, carpet bombs DMCA

Air Force cracks software, carpet bombs DMCA

arstechnica.com

The Court of Federal Claims that first heard the case threw it out, and the new Appellate ruling upholds that decision. 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.'"

(visit the link for the full news article)

is immune from suit save as it consents to be sued

I have to quote one commenter from Slashdot, as I think he/she said it very well

This points out the obviousness that the US government is no longer bound by the tenets of what was called "democracy", a concept that is fundamentally at odds with the concept of "sovereignty".

In a so-called democracy, the executive is only authorized to carry out the instructions of the legislature, and is subject to the judiciary in doing so.

If the courts are saying that the executive can break the laws set by the legislature, and are only subject to courts when they, the executive, consent to it, then the power being invested in the executive is that of the old notion of King as appointed by God as supreme authority over the land, whose word is Law and not subject to question.

Given this development, things like warrantless wiretapping are not even the tip of the iceberg, they're a tiny lump of seagull # on top of the tip of the iceberg.

from: tech.slashdot.org...


arstechnica.com
(visit the link for the full news article)

[edit on 5-8-2008 by memoir]

This topic is currently being discussed in this news thread:

www.abovetopsecret.com...

Please add comments and opinions in the existing thread.

Closed.