[EMAIL PROTECTED] (Thomas Bushnell, BSG) writes: > [EMAIL PROTECTED] (Brian T. Sniffen) writes: > >> DMCA 1201(a)(1)(A): No person shall circumvent a technological >> measure that effectively controls access to a work protected under >> this title. The prohibition contained in the preceding sentence shall >> take effect at the end of the 2-year period beginning on the date of >> the enactment of this chapter. > > I'm thinking of the law in toto, including the provisions in the DMCA > nothing in the DMCA is intended to contravene existing fair use. This > is a pretty big stick to get to wave back at the MPAA and others of > their ilk. Since existing fair use guarantees the right to watch my > copy, provided it's legal, the provisions you quote must not apply to > them. Why? Because the DMCA says, essentially, "nothing here > contradicts existing fair use principles".
Your interpretation would make the access-circumvention provision almost useless: it would mean it only mattered when preventing access to illegally copied works. Which, hey, is a reasonable law. Neat. On the other hand, the text actually says that nothing in the DMCA affects fair use as a copyright-infringement defense. Distribution of an circumvention device isn't copyright infringement, so that doesn't help. The interoperability bits in 1201(f) seem fine to cover libdvdcss / libdvdread distribution, though. -Brian
