Re: DMCA (was Re: Space-Shifting)

From: Bryan Taylor <bryan_w_taylor[_at_]yahoo.com>
Date: Thu, 19 Oct 2000 11:20:06 -0700 (PDT)

• Eric Eldred <eldred[_at_]eldritchpress.org> wrote:

> I believe the legislative history of DMCA shows that legislators had
> no intention to overrule the Betamax case, and I believe the same is
> true of Vault v Quaid.

In fact the legislative record says that the purpose of the RE exception is to preserve existing RE precedent. They name Sega v. Accolade specifically, IIRC, but that statement would not lend support to saying they intended to overrule Vault v. Quaid.

How does making a backup violate access controls? Encryption to stop backups does not protect a "right of a copyright owner", unless these rights have changed, but 117 is still law and 1201(c)(1) tells us explicitly that this didn't change.

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