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Old 12-23-2010, 03:36 PM   #45
Xenophon
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Posts: 1,487
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Join Date: Jun 2006
Location: Redwood City, CA USA
Device: Kobo Aura HD, (ex)nook, (ex)PRS-700, (ex)PRS-500
Quote:
Originally Posted by wallcraft View Post
In the US, the DMCA makes this illegal with a maximum penalty of 5 years in federal jail. See DRM: What did you buy? (An Essay.).
Not so fast! See also my contribution to that same thread. The key part reads:

The written advice-of-counsel that I paid for on the subject of DRM removal tells me that (in the opinion of one eminent IP lawyer):
  • Removing DRM from legally acquired content for personal use only is a legal exercise of my fair use rights;
  • Distributing content for which I lack distribution rights is clearly a violation of relevant copyright laws (whether I've removed the DRM or not);
  • Providing DRM-removing code to other people within US jurisdiction is almost certainly a felony under the DMCA;
  • Telling others where to get such DRM-removing programs may or may not be a felony (depending on whether or not a Court decides that it falls under "providing");
  • Explaining how to use DRM-removing programs that another person has somehow acquired on their own is almost certainly not a felony under the DMCA;
  • Possession of DRM-removing programs is not in itself a violation of the DMCA (although distributing them or providing them to others probably is).

The remainder of the post may also be of interest to some readers. I should also note that the final word on whether or not DRM removal is legal won't come until we get a court ruling. Or two. Or three. Or the Supremes weigh in. Or the Congress changes the law again. Or something.

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