Quote:
Originally Posted by Thomas Ryan
So my question is whether kindlefix as used in step two is prohibited "circumvention" in the context of DMCA cited earlier. It is decrypting part of the book file.
|
Okay, so I think we agree that kindlepid is not illegal under DMCA.
As for kindlefix, I think that one doesn't need to concentrate on the "decrypt" aspect, since in any event it serves to circumvent "access control" to the file, which is also against the DMCA unless covered by an exemption, which ebooks currently are not except for read-aloud or screen reader functions.
Now, I think given the letter of the law, Kindlefix certainly does violate DMCA, even if you are using it for 'legit' purposes such as substituting on PID for another with no intent to steal. However, I don't think this is really a big deal, since you're not violating copyright to get access to something you shouldn't, but rather to get access to something via a particular device as opposed to another device. Does copyright cover not only whether and how something is distributed, but also how it is consumed? I don't think that's a settled issue. The current exemptions for the DMCA are often made when access to the media in question is otherwise 'impossible'; for example, software that require dongles where the dongles are no longer available. This certainly *implies* that copyright can't arbitrarily control methods of access. One can certainly make the case that non-Kindlefixed ebooks are perfectly capable of being read on other devices, and I agree. On the other hand, I don't think it's necessarily the intent of the publisher to prevent Kindles from accessing said ebooks.
So I think it's a technical violation, yes, but I doubt it's one that anyone would pursue. Furthermore I could *easily* see an exemption being granted in the near future to specifically allow for the copyright circumvention of ebooks for the purposes of reading them on unsupported devices.