[free-sklyarov] DMCA 1201(c) - what the heck is it for?
Matthew Russotto
russotto at pond.com
Fri Nov 9 12:24:31 PST 2001
IMO, IANAL:
1201(c)(1) prevents courts from changing the standards for copyright
infringement based on DMCA violations -- so someone using a DMCA-forbidden
program to accomplish a noninfringing goal isn't committing copyright
infringement, only (possibly) DMCA violation.
1201(c)(2) prevents courts from changing the standards for contributory
copyright infringement based on DMCA violations -- so Dmitry can't be also
sued for contributory infringment based on AEBPR, if publication of such
software wasn't contributory infringement prior to the DMCA.
(anyone know where the whole concept of contributory infringment has its
basis?)
1201(c)(3) says that the DMCA isn't the SSSCA; that is, no one is obliged to
actively assist in protecting technological measures.
1201(c)(4) is sugar coating intended to help the bill pass and has no other
meaning.
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