"If you believe the buzz, you'll conclude that programmers, academics and engineers should be scared witless about being sued under the DMCA. In effect for nearly two years, the law sets protections for the codes that are wrapped around certain copyrighted content such as DVDs and electronic books. "

I think McCullagh is simply trying to rile people up here. If he is really trying to tell researchers not to over-react to the DMCA, News.com isn't really the best place to reach them.

Furthermore, everyone seems to forget that the RIAA fired the first shot in the Felton case. YES, you are unlikely to be prosecuted if you are a research scientist; not because of the law, but because you are a research scientist. You have the resources to defend yourself and you look good in court. If you are an independent security researcher living off peanuts and posting to bugtraq, the exact same research could have very different implications. Again, not because of the law, but because the law offers a pretense to prosecute, and even if such a prosecution is not going to be successful, it will still punish you financially beyond your means.

This discrepancy should not be presented in a positive light. "Don't worry about the DMCA, it only applies to the little people."