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Old 01-05-2010, 06:47 PM   #26
Elfwreck
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Join Date: Nov 2008
Location: SF Bay Area, California, USA
Device: Pocketbook Touch HD3 (Past: Kobo Mini, PEZ, PRS-505, Clié)
Quote:
Originally Posted by kennyc View Post
I don't know that that is even true. Is there specific legislation that allows it? Can you point me to it?
DMCA 1201(a)(1)(B-E):
shall not apply to persons who are users of a copyrighted work which is in a particular class of works, if such persons are, or are likely to be in the succeeding 3-year period, adversely affected by virtue of such prohibition in their ability to make noninfringing uses...

(Emphasis mine.) You can remove DRM to avail yourself of noninfringing use--which includes time/device shifting (the Betamax case), copies for educational uses, limited quotations for review/commentary, and so on.


Section 1201(c)(1)
: Nothing in this section shall affect rights, remedies, limitations, or defenses to copyright infringement, including fair use, under this title.

If it's fair use, it's not an infringement of copyright; if it's not infringing copyright, the DM Copyright Act doesn't apply.
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