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New York Times: Software Double Bind [problems with the DMCA]

Aug 14, 2001, 12:45 (4 Talkback[s])

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[ Thanks to Paul Eggert for this link. ]

"A question, of course, is how anyone would ever be able to obtain and use the tools that would legally allow them to circumvent copy-protection technology if the people that make and distribute them are thrown in jail or prosecuted in civil trials.

"If you can't go out and buy a device like this, it makes the ability to exercise your rights under the exception very, very difficult," said Laura Gasaway, director of the Law Library at the University of North Carolina. Ms. Gasaway's experience with a faulty access-control measure on a CD-ROM database helped persuade the Library of Congress to recommend the exception for malfunctioning technology.

While some users of digital media have wrestled with the 1998 copyright law's seeming contradictions, it is the Sklyarov case - the first criminal prosecution under the law - that is exposing the Digital Millennium Copyright Act to greater public scrutiny."

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