For example, the DMCA has been used to block aftermarket competition in laser printer toner cartridges, garage door openers, videogame console accessories, and computer maintenance services. Rather than focusing on pirates, some have wielded the DMCA to hinder legitimate competitors. The DMCA Impedes Competition and Innovation.
#Dmca violation movie
Already, the movie industry’s use of encryption on DVDs has curtailed consumers’ ability to make legitimate, personal-use copies of movies they have purchased. The DMCA Jeopardizes Fair Use.īy banning all acts of circumvention, and all technologies and tools that can be used for circumvention, the DMCA grants to copyright owners the power to unilaterally eliminate the public’s fair use rights. The lawsuit against 2600 magazine, threats against Princeton Professor Edward Felten’s team of researchers, and prosecution of Russian programmer Dmitry Sklyarov have chilled the legitimate activities of journalists, publishers, scientists, students, programmers, and members of the public. As a result, the DMCA has become a serious threat to several important public policy priorities: The DMCA Chills Free Expression and Scientific Research.Įxperience with section 1201 demonstrates that it is being used to stifle free speech and scientific research. In practice, the anti-circumvention provisions have been used to stifle a wide array of legitimate activities. The law was ostensibly intended to stop copyright infringers from defeating anti-piracy protections added to copyrighted works. The “anti-circumvention” provisions of the Digital Millennium Copyright Act (“DMCA”), codified in section 1201 of the Copyright Act, have not been used as Congress envisioned. The latest version can always be obtained at 1.
It is updated from time to time as additional cases come to light.
This document collects reported cases where the anti-circumvention provisions of the DMCA have been invoked not against “pirates,” but against consumers, scientists, and legitimate competitors. Please visit the archive for the most recent version. This is an old and outdated copy of Unintended Consequences.
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