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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."

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