Quote:
Originally Posted by HarryT
No, it clearly doesn't mean "you're never allowed to make a backup". It means "you can make a backup, unless you'd be breaking some other law (such as the DMCA) by doing so."
|
No. The "unless" you are using is NOT in the opinion.
At part 116:
Quote:
|
As noted above, the DMCA’s “user exemption” is only for the individual who has gained authorized access and who may circumvent the protection measures pursuant to lawful conduct, such as to make fair use of the subject work. See U.S. v. Elcom Ltd., 203 F. Supp.2d 1111, 1120 (N.D. Cal. 2002) (Whyte, J.)
|
At part 117:
Quote:
|
The court will not hold that consumers do not have the “fair use” right to make copies of CSS-protected DVD content simply because the DVD CCA would be harmed by such use of its licensed works.
|
In sum, the owner of an ebook cannot violate the DCMA by doing anything that accomplishes his own fair use of the ebook. But only the owner of the ebook can claim that defense. The person who sells him the tools to circumvent DRM can't defend himself by relying on the owner's fair use.