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Old 07-25-2010, 08:14 PM   #1
Robotech_Master
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Appeals court case could legalize breaking DRM for ‘fair use’

At TeleRead, I report on a 5th circuit appeals court case that literally has the potential to redefine the way the DMCA is interpreted, assuming a higher court doesn't reverse it. A quote from the decision, bold emphasis mine:
Quote:
However, MGE advocates too broad a definition of “access;” their interpretation would permit liability under § 1201(a) for accessing a work simply to view it or to use it within the purview of “fair use” permitted under the Copyright Act. Merely bypassing a technological protection that restricts a user from viewing or using a work is insufficient to trigger the DMCA’s anti-circumvention provision.
That's basically the exact opposite of how the DMCA has been interpreted all this time: that it's illegal to break DRM even for an otherwise fair use.

Fingers crossed that the decision stands!

Last edited by Robotech_Master; 07-25-2010 at 08:43 PM.
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