Re: [tlug] Stop the FUD! here are some facts on the DMCA

[Joe Larabell <fred62@???>]

On Fri, 4 Aug 2006, Stephen J. Turnbull wrote:

> "Section 1201 divides technological measures into two categories:
> measures that prevent unauthorized *access* to a copyrighted work and
> measures that prevent unauthorized *copying* of a copyrighted work.
> ... As to the act of circumvention in
> itself, the provision prohibits circumventing the first category of
> technological measures, but not the second."

Ok... so I admit there's more to this than I realized. From what you (and
the copyright office) have said, it seems I can *copy* material with
impunity (subject to fair use), even if I have to circumvent technical
measures to do so. I just can't *access* that material except through
whatever means supplied by the copyright owner to do so.

But I'm left with a question. The original assertion (by Josh) was that
DRM-protected music could not be replayed by a device on which the DRM
algorithm had not been implemented without removing the DRM (which would
be illegal). Is that not *access* rather than *copying*? Would I not have
to violate the law to replay the work myself or even to tell someone else
how to do so?

Also, one other thing struck me as odd. In order to exercise my fair use
rights, one important factor is that I can only copy a *portion* of the
work in question and not the whole thing. But if it's encrypted (like an
encrypted PDF or a CSSed VCD), how am I to extract just a portion for my
fair-use purpose (assuming I'm not just making a backup) without actually
accessing the material -- which act itself still seems to be within the
illegal category.

And, all this notwithstanding, it's true that the mere threat of a DMCA
lawsuit, legal or not, discourages development of the very tools we would
use to lawfully access works we've purchased for use on our linux-based
computers.

---
Joseph L (Joe) Larabell            Never fight with a dragon
http://larabell.org                     for thou art crunchy
                                  and goest well with cheese.