[free-sklyarov] Legal Technical

Greg Broiles gbroiles at well.com
Sun Jul 22 13:54:44 PDT 2001


At 01:48 PM 7/22/2001 -0700, kastlyn at lowerlights.com wrote:

>Seth Finkelstein wrote:
>
> >        IANAL either, but please examine the text of
> >
> >http://www4.law.cornell.edu/uscode/17/1201.html
> >
> >Sec. 1201. Circumvention of copyright protection systems
> >
> > (a) Violations Regarding Circumvention of Technological Measures.
> >  - (1)(A) No person shall circumvent a technological measure that
> >effectively controls access to a work protected under this title.
> >
> >[then goes into modifications, additional offenses, defenses, etc.]
>
>Well, then, there are no grounds for arrest, because Adobe's technological
>measure doesn't "effectively" control access to anything.  =}

No, keep reading - (b)(2)(B) says that "a technological measure 
''effectively protects a right of a
copyright owner under this title'' if the measure, in the ordinary course 
of its operation, prevents, restricts, or otherwise limits the exercise of 
a right of a copyright owner under this title."

(the last bit is cumbersome - I'm not sure they really really meant to say 
"copyright owner" - but "effectively control" isn't going to turn on what's 
"effective", as that's normally used in the crypto/security communities.)


--
Greg Broiles
gbroiles at well.com





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