June 16, 2003

Pamela Samuelson IP Law After Eldred

So, I started digging through Pamela Samuelson's recent paper on The Constitutional Law of Intellectual Property After Eldred v. Ashcroft (per blog recommendation of Derek Slater). I spotted a technical error, my pet peeve of the DeCSS history.:

The controversy concerned a Norwegian teenager who reverse engineered the Content Scramble System (CSS), an encryption program used by major motion picture studios to protect DVD movies. This teenager figured out how CSS worked, developed the DeCSS program to bypass CSS, and then posted the program on the Internet, to the dismay of major motion picture studios.

No, an anonymous German reverse-engineered CSS. Said German remaining anonymous for very obvious reasons ... I feel for that anonymous programmer ...

Oh, I was vastly "amused" by this summary remark:

Samuelson suggests that even if we couldn't mount an attack on the entire DMCA, we could see more successful challenges by particular defendants. They might have more success as fair users rather than traffickers (think Felten).

Sigh, cough, cough, cough ...

By Seth Finkelstein | posted in copyblight , legal | on June 16, 2003 08:33 PM (Infothought permalink) | Followups
Seth Finkelstein's Infothought blog (Wikipedia, Google, censorware, and an inside view of net-politics) - Syndicate site (subscribe, RSS)

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