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Old 01-05-2010, 06:57 PM   #28
kennyc
The Dank Side of the Moon
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Quote:
Originally Posted by Elfwreck View Post
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.



I don't feel that says anything about DRM or in fact allows it in that the prior section specifically states that it is illegal to remove it.

That is copyright law and you are interpreting it to imply that you are allowed to remove drm. I'm certain not a lawyer, but I think the DRM laws may say something different.

Fair use can is covered by the fact that you can back it up in total (with the drm intact) and you can quote pieces from it for purposes of fair use without having to remove DRM.

Last edited by kennyc; 01-05-2010 at 07:03 PM.
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