[dvd-discuss] DMCA Blocks Import for Fair Use?

[Seth Johnson <seth.johnson(at)realmeasures.dyndns.org>]

(Forwarded from DMCA Discussion list,
dmca_discuss@lists.microshaft.org)

-------- Original Message --------
Subject: [DMCA_discuss] Shafted by the DMCA
Date: Tue, 12 Feb 2002 10:59:34 -0600
From: Colin McMillen <mcmi0037@tc.umn.edu>


I currently have a run-in with the DMCA that I believe may
be relatively unique.

I'm currently enrolled in a Real-Time Systems lab here at my
university (U. of Minnesota). As part of the lab, we are
using the Sega Dreamcast console as an RTS; we'll be writing
a scheduler for it and some simple games.

I believe (although I can't currently find the link) that
the Sega executives have officially said it's OK for
"amateurs" to develop for the Dreamcast, especially since
they no longer produce/support the console.

I ordered a Dreamcast Coders' Cable (a little device that
plugs into the DC and allows you to upload your code at
115200 bps to the DC) from lik-sang.com, a dealer based in
Hong Kong. This is a necessary item for amateur DC coding
(unless you want to fork out the money a more expensive
piece of hardware that does the same thing but with a higher
transfer rate).  The package was supposedly shipped UPS
express, to arrive here in 3-5 days.

After nearly two weeks of waiting, I determined that the
package had been sitting in a warehouse in Louisville for
over a week. I e-mailed UPS customer service about the
delay, and got the following response:

"Thank you for your inquiry. �We sincerely apologize for any
inconvenience caused by this matter. �Our system indicates
this package has been denied entry into the US by US customs
authorities due to the DIGITAL MILLENNIUM COPYRIGHT ACT.
�The shipper of record has been notified and the package
will be returned to the shipper."

Now, I have a perfectly legitimate use for this cable, and
no illegitimate use, I do not own any DC games, legal or
pirated, nor do I have any real desire to. Classes simply
take too much of my time. The DC isn't even mine; it's my
roommate's.

My questions are: do I have any legal recourse? For all I
know, the $45 I spent on the item and its shipping are gone
forever; I have no idea what my chances are of getting it
back from a retailer in a foreign country. Should I push
this issue with the customs offices? At the very least, I'm
going to snail-mail my local legislators. Any other
suggestions, though?

- Colin McMillen

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