Circumvention Device Definition in DMCA
[I wrote this for a mailing list, about how the DMCA defines circumvention devices]
Much as it's fun to proclaim "Magic Markers Are A Circumvention Device" (and Therefore The DMCA Is Absurd), let's not forget the technical definition in the law does take that issue into account:
* (A) is primarily designed or produced for the purpose of
circumventing protection afforded by a technological measure that
effectively protects a right of a copyright owner under this
title in a work or a portion thereof;
* (B) has only limited commercially significant purpose or use
other than to circumvent protection afforded by a technological
measure that effectively protects a right of a copyright owner
under this title in a work or a portion thereof; or
* (C) is marketed by that person or another acting in concert
with that person with that person's knowledge for use in
circumventing protection afforded by a technological measure that
effectively protects a right of a copyright owner under this
title in a work or a portion thereof.
I must admit I've wondered about that part (C) - "marketed". It does seem to me to arguably cover e.g. an eBay auction that says "Magic Markers - great for circumventing CD copying restrictions". hat's odd to my techie-mindset. But it actually seems to fit the legal framework around earlier infringement-capable devices (i.e., you can in general sell a device that has an infringing use, but marketing it for the explicit purpose of infringement is a no-no).
By Seth Finkelstein | posted in dmca | on June 17, 2003 07:47 PM (Infothought permalink) | Followups
