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Old 12-16-2014, 04:26 PM   #97
taustin
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Quote:
Originally Posted by HarryT View Post
Yes, I know it was a different case,
It's a different sort of case.

Quote:
Originally Posted by HarryT View Post
but it did appear to establish a principle that you don't have the right to break one law in order to exercise your rights under another. ie Even though format conversion is perfectly legal, it doesn't necessarily mean that removing DRM in order to permit format conversion is OK.
Except that two paragraphs in the same section of Title 17 explicitly say you can strip DRM for certain purposes, including file conversion. Title 17 › Chapter 12 › § 1201 (f) in particular. Some ambiguity can be argued, and it hasn't been tested yet in court to clarify. (d) arguably provides for it, too, because it doesn't define whether it applies to "A nonprofit (library, archives, or educational institution)" or "A (nonprofit library), archives, or educational institution," but it's a valid argument (win or lose) because the right to break copy protection on software for the specific purpose of making backups is long established.

Which is to say, as I have said befre, DMCA both says you can't, and you ocan, and it is unresolved. It is hardly a given that you can't strip DRM for fair use purposes (which include format conversion, and archiving).
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