Letters to the editor

DMCA and Fair Use

On the front page of the November 27, 2002 issue of LWN, you write:

    The DMCA, after all, bans "circumvention devices" without care for
    the preservation of fair use

Actually 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.

Eric Smith

Comments (3 posted)

Think of Our Kin Overseas

One way to help LWN and Free Software at the same time would be to 
pick a group of foreign (to the U.S.) software developers and buy LWN 
subscriptions for them, as Christmas gifts.  That nicely sidesteps 
their credit card payment problems, and gives each of us a way to kick 
in something for the cause.

If any of them finds him- or herself with more than one subscription, I'm 
sure LWN would be happy to allow them to pass them on to somebody else 
deserving.  

Comments (none posted)