The difference in meaning is plain from the language of the statute. 1201(a)
of the statute proscribes both the act of traffecking in circumvention
devices and circumventing access controls. _Copy_ controls are addressed
separately--see 1201(b)(only prohibiting the -trafficking- in a device that
circumvents a technological measure designed to control the exercise of one
of the copyright owner's exclusive rights). Causes of action for the
circumvention of -copy- controls don't exist under the DMCA (unless you
count the macrovision provision, which I also assume we're not talking
about).
But don't take my word for it. In its 2000 final rule promulgating a regulatory exemption from 1201(a), the Copyright Office goes on at some length about the difference, as it has no jurisdiction over copy controls. (See www.loc.gov/copyright-. In addition to the final rule, check out the Joint Reply Comments filed by the entertainment industry, which are pretty good on this point.). That's why CSS was an access control--it only permitted access on licensed players containing the proper key. It may well be that a DRM scheme would contain both copy and access controls, but it's only circumvention of the latter that is actionable.
Cheers
Chris
-----Original Message-----
From: CNI-COPYRIGHT -- Copyright & Intellectual Property
[mailto:CNI-COPYRIGHT[_at_]cni.org] On Behalf Of Robert F. Bodi
Sent: Tuesday, October 14, 2003 12:18 PM
To: CNI-COPYRIGHT -- Copyright & Intellectual Property
Subject: [CNI-(C)] Re: Writing "press the shift key" alleged to be violation
of DMCA
It doesn't? The DMCA prohibits circumventing a technological measure that effective controls access to a protected work. If that technological measure is copy protection, the DMCA surely DOES apply.
-Bodi
If it's copy protection, the DMCA doesn't even cover it.
-----Original Message-----
From: CNI-COPYRIGHT -- Copyright & Intellectual Property
[mailto:CNI-COPYRIGHT[_at_]cni.org] On Behalf Of Theodora Michaels
Sent: Friday, October 10, 2003 1:17 PM
To: CNI-COPYRIGHT -- Copyright & Intellectual Property
Subject: [CNI-(C)] Writing "press the shift key" alleged to be violation of
DMCA
Taking the DMCA to new heights of absurdity, SunnComm Technologies Inc. is
reportedly suing a Princeton graduate student for pointing out that
SunnComm's CD copy-protection scheme can be defeated by holding down the
shift key:
http://www.reuters.com/newsArticle.jhtml?type=topNews
<http://www.reuters.com/newsArticle.jhtml?type=topNews&storyID=3589406>
&storyID=3589406
In what I assume is a parody article (though day by day it's getting harder
to tell), Bertelsmann Group is also suing keyboard manufacturers for making
this "shift" technology available:
http://www.kuro5hin.org/story/2003/10/8/201119/758
The student's paper is here: http://www.cs.princeton.edu/~jhalderm/cd3/
Seems to me that if anyone has valid cause of action, it's only SunnComm's clients or investors, who may have been misled on the effectiveness of their copy-protection scheme.
Thea
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Received on Wed Oct 15 2003 - 01:00:17 GMT
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