FC: How bad is the Digital Millennium Copyright Act?

From: Declan McCullagh (declanat_private)
Date: Tue Aug 20 2002 - 08:02:40 PDT

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    http://news.com.com/2010-12-950229.html
       
       Debunking DMCA myths
       By Declan McCullagh 
       August 19, 2002, 4:00 AM PT
    
       WASHINGTON--Should researchers really be so worried about the
       much-reviled Digital Millennium Copyright Act?
       
       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.
       
       An attorney for the Computing Research Association, representing the
       computer science departments of some 200 universities, claims that
       "professors are afraid to study information systems or to publish
       their research." One researcher in the Netherlands announced that,
       because of the DMCA, he would not reveal his analysis of Intel's
       digital video system. Edward Felten, a computer scientist at Princeton
       University, and his colleagues postponed a presentation of their
       co-authored paper for four months after receiving DMCA threats.
       
       Because some of his co-authors' employers nixed the presentation,
       Felten's delay is understandable. However, the fears of legal action
       may not all be justified.
       
       Don't get me wrong. The DMCA is both an egregious law and a brazen
       power grab by Hollywood, the music industry and software companies. It
       is probably unconstitutional. It creates unnecessary federal crimes,
       cedes too much authority to copyright holders, and should be
       unceremoniously tossed out by the courts. (As a bonus, perhaps we
       could horsewhip its many fans in Congress.)
       
       Even so, not all execrable laws are equally loathsome. A careful look
       at the DMCA shows that, far from prohibiting all security research,
       the law does not regulate as many activities as people seem to
       believe.
    
       [...]
    
    
    
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