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Old 05-19-2009, 03:41 PM   #71
Shaggy
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Quote:
Originally Posted by wallcraft View Post
This seems to be a Catch-22. The exemption applies to anyone "adversely affected", but many people who are affected can't access versions from an "authorized entity" and any such version presumably voids the exception.
I think we're agreeing that the DMCA exception is not dependent on being disabled.

As far as what happens if an ebook version exists but you are not allowed access to it for whatever reason, we're probably getting into areas where lawyers will fight it out in court. Personally, what I read is that it says "made available by authorized entities". If that entity does not allow someone access (for whatever reason they choose), then they are not making it available to them. This, in my mind, would still qualify that person for the exception.

Of course, that also makes me wonder what would happen if a non-disabled person sued the "authorized entity" for discrimination for refusing to sell to them... but that's an entirely different topic.
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