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Old 06-07-2012, 10:49 AM   #176
ApK
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Quote:
Originally Posted by Ninjalawyer View Post
Can you direct me to a case on point where courts have suggested that the anti-circumvention portion of the DMCA is not applicable?
In that oft-cited 5th court decision we post about a lot, it says:

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.
I see that as a wise and completely reasonable interpretation for a provision of a "COPYRIGHT LAW." It's only supposed to help protect copyright. No copyright violation, no foul.

Last edited by ApK; 06-07-2012 at 10:54 AM.
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