The DMCA just got a little weaker [LWN.net]

Here is the text of a ruling by the US Court of Appeals in a suit by MGE UPS Systems against General Electric. The court has ruled that simply circumventing technical measures is not, by itself, a violation of the Digital Millennium Copyright Act. "However, MGE advocates too broad a definition of "access;" their interpretation would permit liability under § 1201(a) for accessing a work simply to view it or to use it within the purview of 'fair use' permitted under the Copyright Act. Merely bypassing a technological protection that restricts a user from viewing or using a work is insufficient to trigger the DMCA's anti-circumvention provision. The DMCA prohibits only forms of access that would violate or impinge on the protections that the Copyright Act otherwise affords copyright owners." What this ruling means in the long term - especially for defendants who are not GE - remains to be seen, but it is a step in the right direction.

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A small step

Posted Jul 26, 2010 14:23 UTC (Mon) by dskoll (subscriber, #1630) [Link]

This is a step in the right direction, but it's a very small step.

Canada (my home) is likely to pass a DMCA-like law soon, and I would like to see text in it that specifically permits circumvention of technological protection measures if the circumvention is for the purpose of enjoying rights granted under copyright law. I would also like to see text that specifically permits distribution of circumvention technology for the purpose of enabling people to enjoy rights granted under the law.

I doubt I'll see this, however. :(

The DMCA just got a little weaker, for the moment

Posted Jul 26, 2010 19:53 UTC (Mon) by Max.Hyre (subscriber, #1054) [Link]

While this ruling gladdens my heart, I must remember that it isn't settled until it goes before the U.S. Supreme Court. If MGE is discouraged or low on cash (or recognizes that its ROI on an appeal is probably negative), we'll just have to wait for another case that does push it to the top.

The DMCA just got a little weaker, for the moment

Posted Jul 26, 2010 22:16 UTC (Mon) by michaeljt (subscriber, #39183) [Link]

> If MGE is discouraged or low on cash (or recognizes that its ROI on an appeal is probably negative), we'll just have to wait for another case that does push it to the top.

Unless I misread, MGE are the ones trying to use the DMCA against GE.

The DMCA just got a little weaker

Posted Jul 27, 2010 13:44 UTC (Tue) by linuxrocks123 (guest, #34648) [Link]

The summary should read "US Court of Appeals for the Fifth Circuit", or, alternatively, the "5th Circuit Court of Appeals". "US Court of Appeals" is commonly understood to mean the US Court of Appeals for the Federal Circuit, which is a different (and higher) court. Still, this is a very good decision and is precedential in the jurisdiction of the 5th Circuit unless overturned by the Supreme Court.

---linuxrocks123