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Court: breaking DRM for a "fair use" is legal

Jul 28, 2010, 04:34 (2 Talkback[s])
(Other stories by Matthew Lasar)

"A federal appeals court has just ruled that breaking through a digital security system to access software doesn't trigger the "anti-circumvention" provisions of the Digital Millennium Copyright Act. Any other interpretation of the DMCA, declared the United States Court of Appeals for the Fifth Circuit, would permit infringement liability for tapping into a work simply to "view it or to use it within the purview of 'fair use' permitted under the Copyright Act."

"The ruling is already being hailed as another victory for fair use, following Monday's Library of Congress decision giving wide approval to iPhone jailbreaking and DVD CSS circumvention on similar grounds.

"Dongle this

"MGE UPS Inc. manufactures power backup devices for various medical systems and other devices. Company technicians use software to calibrate these systems automatically, but the code searches for an external security "dongle" attached to the laptop. No dongle with updated hardware key, no software launch."

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