Quote:
Originally Posted by DiapDealer
The situation is not as cut and dried as you portray it here. For those who make and distribute DRM removal tools in the US, you are surely correct. But for those who use those tools, it's not so clear. The question is whether DMCA laws trump Fair Use rights... and that question has yet to be answered definitively (legally).
You may end up being right in the long run, but for now... it's still uncharted territory, mired with conflicting legal opinions from both sides of the table.
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As I understand it, the DMCA clearly says that removing DRM is a violation of the law without regard to Fair Use Rights. If I recall correctly, Fair Use is specifically overwritten by this law. So until the Supreme Court overturns those portions of the DMCA, you are in violation of the law.
So the gray area is that lots of people strip their DRM, no one has been prosecuted yet, the courts haven't issued a clear ruling (some rulings hint that stripping DRM is legal, others not), but the DMCA still clearly says this is illegal, again, as I understand it.
(Just as lots of things that are NOW legal were once illegal and people were prosecuted for violating the laws of the time.)
If I am factually wrong, please correct me.
The idea being promoted in prior discussion is that removing DRM is no big deal...when in fact it could be a Federal offense that could bankrupt you if you are targeted for prosecution, that's how the law is written.
If anyone would like to remove their DRM and publicly trumpet their actions in order to audition for the test case (and also has the resources to appeal to the US Supreme Court, for until that happens, the issue will likely remain unresolved), I heartily applaud them. It would be interesting. But most of us cannot afford to risk financial ruin to prove a point.
Nor should we, as there are vastly better legal options for many of us...we just need to make sure that readers understand their options and choices and direct consumers to supporting companies that "get it."