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Old 03-19-2011, 11:50 PM   #14
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TheKingArthur began at the beginning.
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Join Date: Mar 2011
Device: iPad 2
Originally Posted by scottjl View Post
if you live in the US, the DMCA states it is illegal to produce, distribute or use software designed to circumvent technical copy-restriction (DRM) methods. this is regardless if they are your "own" files or someone else's. under most TOS you don't "own" the applications or ebooks, you simply license the right to use or read those applications or ebooks.

so if you use the various scripts out there to strip the DRM from .mobi or .epub files that you have in your possession you are breaking the law. fair use rights allow you to back up the copy protected file, not strip the DRM and back that up.
Fair Use has for a long time allowed you to strip DRM to make software interoperable. That is why the EFF won against Apple on jailbreaking and unlocking. It seems that stripping DRM from legally purchased .epub files bought in iBooks, which are limited to iOS only because of Apple's DRM, would fall under this exception as well. The legality of Fair Use exceptions on DRM removal is entirely dependent on it's intended use. DRM removal is not a black and white, always 100% illegal action. It falls into a grey area somewhere in the middle depending on the circumstances of each case. DMCA laws do not supersede Fair Use.

Hopefully Apple will adopt the same practice of dropping DRM in all their media distribution, as they have done with music. Until then, I won't make the frustrating mistake of buying another iBook again. I'll just purchase elsewhere and import into iBooks.
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