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Old 03-12-2009, 03:23 PM   #86
legaleagll
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Posts: 17
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Join Date: Oct 2007
Device: PRS 505
Quote:
Originally Posted by NatCh View Post
Um ... thanks for that, I think, legaleagll.

Could you maybe boil it down into plain English for those of us (like me) not fluent in legalese?
You sound like my wife. She said when she first met me, she felt like she needed to carry a dictionary in order to understand me. Anyway, the summary is that there are court decisions out there that say that if the circumvention you did was to facilitate a use that qualifies as an exemption under the copyright then it is not a violation of the DMCA.

The reason I say it isn't settled is because what happens if the circumvention facilitates both a use that qualifies for an exemption (personal copy) and one that doesn't (pirating). Which is the use that is used to determine the violation of the DMCA?

I have my personal opinion as to how this should come out, which is as long as there is a legitimate exemption use for the circumvention then the public policy mandate that created that exemption should outweigh the potential illegal use.

I'm not sure that this was any clearer, but I tried.
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