Quote:
Originally Posted by Xenophon
That message was based on notes I took in a seminar for computer scientists on legal issues regarding IP, copyright, etc. Any interpretation therein has been filtered through not only my note taking skills but also my layman's understanding. The part that's relatively solid is the 6 bullet points near the bottom. The paraphrasing there may suffer from my layman's translation, but avoids the possibility of bad note taking. Name of eminent IP lawyer available via PM on request.
I think, however, that your first sentence indicates that you would agree that the question of whether or not removing DRM violates the DMCA is far from settled law in the U.S. Do I have that right?
Xenophon
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Somewhat. If I were advising a client on those provisions, I would take the position that the provisions are what they say and that there is substantial legal risk in violating them. I might also add that I have not seen compelling legal arguments that those provisions are invalid that do not rely on unconvincing and sometimes faulty understandings of how case law interacts with statute.
That said, I would also be really interested in any legal discussion of those provisions that do suggest that they are invalid. I haven't gone out of my way to find those discussions, so they could certainly exist.