Re: short DMCA question, 17 USC 1201(c)(1)

On Sun, Mar 12, 2000, Stefan Bechtold <stef[_at_]n-bechtold.com> wrote:
>
> I have a short question concerning 17 USC 1201(c)(1) which says:
>
> "Nothing in this section shall affect rights, remedies, limitations,
> or defenses to copyright infringement, including fair use, under
> this title".
>
> Is it correct that this provision deals only with traditional copyright
> law (17 USC 106...) and is not applicable to the anti-circumvention
> provision itself? Therefore, there is no general "fair use" defense
> for 17 USC 1201? Is this because "copyright infringement" is not the
> same as "anti-circumvention infringement"?
>
> The ruling in the DVD/CSS case in New York said nothing about 17 USC
> 1201(c)(1), as far as I remember.

"Nothing in this section shall affect" means that the rights and defenses provided for elsewhere in the Copyright Act DO apply to 1201 as well.

> Robert C. Cumbow
> Graham & Dunn, P.C.
> 1420 Fifth Avenue, 33rd Floor
> Seattle, Washington 98101-2390
> Phone: 206-340-9619
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> E-mail: rcumbow[_at_]grahamdunn.com
> Website: http://www.grahamdunn.com/
>

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