Re: 17 USC 1201 (circumvention) cases?

On Sun, 29 Jan 2000, David Rice <drice[_at_]world.std.com> wrote:
>
> On Thu, 27 Jan 2000, Stefan Bechtold <stef[_at_]n-bechtold.com> wrote:
> >
> > What is the difference between
> >
> > a) technology measure that controls access to copyrighted works and a
> > b) technology measure that protect a right of the copyright owner?
> >
> > If you "access" a work in a digital environment, your computer will
> > make a copy of the work. According to the MAI decision this copying
> > is covered by the right of reproduction of the copyright owner.
> > Therefore any access will affect a right of a copyright owner. Is
> > this correct?
>
> Consider the case in which the principal objective is to gain access to
> the information content of a data compilation which satisfies the basic
> originality requirements of Feist v. Rural Telephone. The compilation
> work copyright does not extend to the informational content itself.
> Accepting arguendo that accessing a work in a digital environment makes
> a copy, MAI does not stand for the proposition that every unauthorized
> making of a copy is unprivileged. Copying a work for the sole purpose
> of gaining access to unprotected informational content might very well
> be a fair use -- especially where the work is entitled to, in any event,
> only thin protection because it is merely a compilation. (Further,

So there are cases which fall under sec. 1201 (a) (2), but not under sec. 1201 (b). That's a justification for having sec. 1201 (a) (2) (controlling access) in addition to sec. 1201 (b) (controlling copying). That's clear for me.

But consider the reverse case: Are there cases in which you copy informational content (in the sense of making a reproduction covered by sec. 106 (1)) *without* accessing it? Are there cases which fall under sec. 1201 (b), but not sec. 1201 (a) (2)? If not, what is the reason for sec. 1201 (b)? To me, sec. 1201 (a) (2) seems to be the much broader provision than sec. 1201 (b).

Stefan

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#   Stefan Bechtold      stef[_at_]n-bechtold.com    Tuebingen, Germany   #
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