[Politech] Troy Klyber on circuit split in two DMCA circumvention cases [ip]

From: Declan McCullagh (declan@private)
Date: Tue Sep 07 2004 - 10:01:26 PDT

-------- Original Message --------
Subject: RE: [Politech] Garage door opener trumps DMCA, federal court 
sez [ip]
Date: Thu, 2 Sep 2004 14:00:33 -0500
From: Klyber, Troy <TKlyber@private>
To: Declan McCullagh <declan@private>
CC: Klyber, Troy <TKlyber@private>


At first glance, the Federal Circuit's construction of section 1201
requires that the plaintiff show that the anticircumvention device
technological enables the user to violate one of the copyright owner's
statutory rights, not just "access" the work.  Putting aside my relative
ignorance of DeCSS, wouldn't such an analysis have changed the outcome
in Reimerdes?  Does DeCSS actually enable a user to infringe the
copyright of the underlying work, or does it merely enable the user to
do acts that are implicitly authorized as a result of the purchase of a
DVD?  In Reimerdes, if memory serves, the district court was not
concerned about whether DeCSS enabled infringement because DeCSS
undeniably enabled "access" to the work.  The Federal Circuit
distinguishes Reimerdes on the facts, but this sure looks like a Circuit
split to me.

Troy B. Klyber
Mayer, Brown, Rowe & Maw LLP
190 South LaSalle Street
Chicago, IL  60603
tel:  (312) 701-8801
fax: (312) 706-8111

-----Original Message-----
From: politech-bounces@private
[mailto:politech-bounces@private] On Behalf Of Declan McCullagh
Sent: Wednesday, September 01, 2004 4:34 PM
To: politech@private
Subject: [Politech] Garage door opener trumps DMCA, federal court sez


Judges OK garage door openers in copyright case
Published: September 1, 2004, 11:23 AM PDT
By Declan McCullagh
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