DMCA section 1201 circumvention of technology protection measures

2 years ago
7

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ANTI-CIRCUMVENTION OF ACCESS CONTROLS CAN LEAD TO HUGE LIABILITY.

Attorney Steve® discusses anti-circumvention law under 17 U.S.C. section 1201 in this episode of Litigation Whiteboard®.

There is a serious legal risk/liability in bypassing, removing, or circumventing control measures that protect copyrighted content. For example, using license key generators or trafficking in illegal receivers that intercept streaming media or broadcast signals, or gaining unlawful access to copyrighted software. This video provides you with a basic overview of the anti-circumvention provisions of the DMCA.

The Digital Millennium Copyright Act (DMCA) is a United States copyright law that criminalizes the circumvention of copyright protection measures, as well as the production and distribution of devices designed to circumvent such measures. The DMCA also provides a safe harbor for online service providers who take certain actions to prevent and address copyright infringement. The DMCA's anti-circumvention provisions have been criticized for their impact on software interoperability and user freedom, as well as for stifling competition and innovation in the software industry. In particular, section 1201 of the DMCA has been used to ban the development and distribution of software that can be used to circumvent copyright protection measures, such as digital rights management (DRM) systems. This has led to a number of high-profile legal battles, including one between software company Dmitry Sklyarov and software publisher Adobe Systems. Sklyarov was arrested while attending a conference in Las Vegas, Nevada, and charged with violating the DMCA. He later reached a plea agreement with prosecutors and was sentenced to one year of probation. The case drew significant attention to the potential impact of the DMCA on software development and security research.
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