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Old 07-10-2010, 06:43 PM   #2
wallcraft
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Join Date: Mar 2006
Location: Mississippi, USA
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Also, at Ars Technica, see US could learn from Brazilian penalty for hindering fair use:
Quote:
A moment's thought reminds us that most DRM schemes will eventually run afoul the above provisions, since they apply in perpetuity. That DRMed music file will still be DRMed even after the song has fallen into the public domain.

So Brazil wants to ensure that DRM "has time-limited effects that correspond to the period of the economic rights over the work, performance, phonogram or broadcast." Once copyright has expired, DRM should, too.
I can't think of any current DRM scheme that allows for copyright expiration. As a practical matter, such a DRM scheme could likely be circumvented by changing the date on your computer.

Quote:
As if that's not enough, Brazil says that DRM can be bypassed in order to make any "fair" use of the work or in cases where the copyright has expired but the DRM has not.
I have argued that even the DMCA in the US probably allows DRM circumvention for fair use by individuals, but this has never been tested in court and the US law certainly does not say this explicitly.
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