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Originally Posted by Elfwreck
It occurs to me that after Tor's "Redshirts" release--intended to be DRM-free; DRM still applied at several vendors--publishers who wish to support DRM-free ebooks could release their books to several vendors, announce that they are intended to be DRM-free, and *distribute DRM-stripping software*--because the DMCA kicks in with "(A) to "circumvent a technological measure" means to descramble a scrambled work, to decrypt an encrypted work, or otherwise to avoid, bypass, remove, deactivate, or impair a technological measure, without the authority of the copyright owner" (emphasis added)... if you've got the authority of the copyright owner, DRM removal is legal.
Also, on distribution of same:
Hmm. In the case of Redshirts, the DRM-stripping software is protecting the right of a copyright owner: it's allowing the materials to be copied to alternate devices, as the copyright owner wishes.
It looks like copyright owners are free to say, "If my stuff is DRM'd, I don't want that; please, download this program and remove the DRM."
IANAL. TINLA. Consult someone with a lot more legal authority before trying this argument in court.
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Interestingly enough, from Scalzi's blog:
Quote:
Folks, I’m getting some feedback that some online stores are slapping digital rights management on Redshirts, which I am assuming is the fault of some apparatchik in the bowels of their organization not getting the memo. I’ve already alerted Tor about it; I assume once someone gets into the office there that it will be dealt with. In the meantime:
1. Tor Books (and my) intent is to sell the Redshirts eBook DRM-free.
2. If you have a Redshirts eBook that has DRM on it, it’s not something that we asked for or want.
3. If for some unfathomable reason your preferred vendor has put DRM on your copy of the Redshirts eBook, I’m just gonna leave this here for you. [note from Joykins: link to Apprentice Alf's blog redacted by me to comply with mobileread's rules; it's present at the link below]
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http://whatever.scalzi.com/2012/06/0...-re-redshirts/
Well, it'd make an interesting test case should someone decide to enforce that DRM.