Found two more great law/technology blogs (by way of Jenny at The Shifted Librarian): Larry Staton’s blog at http://www.statonlaw.net/weblog/ and Will Cox’s at http://users.bestweb.net/~cwcjr/radio/. Both are worth visiting.
Here’s my $.02: the Constitution to which Eisner refers is not about eliminating the possibility of bad behavior. It is about creating a framework in which those who are harmed by bad behavior can seek recourse. Disney and the other entertainment companies are trying to bootstrap an argument here where they can establish that the framers wanted protection, so therefore we must remove any possibility of harm.
Sorry, Mike. Not the same thing. Just like guns, cars, planes, telephones, and any other technology invention over the millenia, there are applications that benefit society and there are applications that don’t. Deal with it.