Ed Felten on the Chamberlain decision
[Posted September 3, 2004 by corbet]
Here is
Ed
Felten's take on the recent appeals court decision in the Chamberlain
v. Skylink DMCA case. "
In the end, the court backs away from the
simple reverse-Sony interpretation of the DMCA, and makes a more limited
finding that (1) tools whose only significant uses are non-infringing
cannot violate the DMCA, and (2) in construing the DMCA, courts should
balance the desire of Congress to protect the flanks of copyright owners'
rights, against users' rights such as fair use and interoperation. In this
case, the court said, the balancing test was easy, because Chamberlain's
rights as a copyright owner (e.g., the right to prevent infringing copying
of Chamberlain's software) were not at all threatened by Skylink's
behavior, so one side of the balancing scale was just empty."
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