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Some DMCA bitsSome DMCA bitsPosted Nov 27, 2002 16:42 UTC (Wed) by brouhaha (subscriber, #1698)Parent article: Some DMCA bits
The DMCA, after all, bans "circumvention devices" without care for the preservation of fair useActually I don't think that's true, although the court chose to interpret it that way in the 2600 case. In Section 1201 ("Circumvention of copyright protection systems"), part (c) specifically states: OTHER RIGHTS, ETC., NOT AFFECTED- (1) Nothing in this section shall affect rights, remedies, limitations, or defenses to copyright infringement, including fair use, under this title.It also provides several other important restrictions: (2) Nothing in this section shall enlarge or diminish vicarious or contributory liability for copyright infringement in connection with any technology, product, service, device, component, or part thereof.[...] (4) Nothing in this section shall enlarge or diminish any rights of free speech or the press for activities using consumer electronics, telecommunications, or computing products.Don't get me wrong, I believe the DMCA is a terrible law. But if the courts will take 1201(c) into acount (unlike what happened in the 2600 case), at least some of the more egregious excesses will be curbed.
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