The DMCA just got a little weaker
Jul 26, 2010, 17:07 (1 Talkback[s])
(Other stories by Jonathan Corbet)
"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."