Quote:
Originally Posted by NatCh
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?
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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.