Quote:
Originally Posted by pilotbob
We had this discussion before and I still think this interpretation is wrong. But even assuming you are right... if you can't create a tool to remove DRM... and you can't share a tool to remove DRM then if you get a tool to remove it then you are "sharing" the tool which violates the DMCA. So, the effective result is the same. Removing DRM violates the DMCA. Unless you have to cort cases to cite a precedent where this was ruled on, that is what I believe.
BOb
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It seems that legal scholars disagree. One of the legal luminaries who lectured to us a few years ago still uses this interpretation (but I'd have to dig out my notes to figure out which one).
Overall, it ain't final until the courts rule (which they have yet to do).
On the issue of "sharing" the tool -- you can't provide the tool to me
in the US, nor can I pass it on to someone in the US. It's not, however, illegal to possess such a tool, nor is it illegal to acquire the tool; the law forbids providing it to someone else. So you're squeaky-clean-legal wherever you get your DRM-removal tool from. The person who provided it to you, however, has a problem with US law -- I sure hope they're outside US jurisdiction.
As I said before, the DMCA is a really odd bit of legislation.
Xenophon