Quote:
Originally Posted by Elfwreck
Title 17 > Chapter 12 > § 1201, Circumvention of Copyright Protection Systems
(c) Other Rights, Etc., Not Affected.—(1) Nothing in this section shall affect rights, remedies, limitations, or defenses to copyright infringement, including fair use, under this title.
Theoretically, fair use is unaffected by the DMCA. In reality, there's no definitive court case, although removal of DRM on video for educational purposes (film classes & such) has been upheld, and the iPhone jailbreak ruling is encouraging. |
Oh, that's interesting.
Quick question: The courts have already ruled that making a backup copy is legal, correct? (And the ruling that allows VCR's to exist -- the Sony, ruling, right? -- would also make this legal, since in order to view something later you have to make a copy...presumably okay as long as it is for personal use only.)
So am I correct in assuming that the main issue then, is that while it is legal to make a backup copy (for personal use only), the potentially illegal part is making any tools that enable breaking DRM or telling other people how to break DRM?
And so it really does just become an arms race between DRM-makers and DRM-breakers? (And, of course, being restricted from using sites by manufacturers once they've found you've broken the DRM, just as Apple kicks out jailbroken phones, right?)