RE: Student faces suit over key to CD locks

["Richard M. Smith" <rms () computerbytesman com>]

For the DMCA to apply, a copy-protection scheme must be "effective".  Given
that the SunnComm technology doesn't work on a Windows system where CD
auto-play has been turned off, I would assume that in court they will have a
tough time convincing a judge or a jury that their technology meets the
"effectiveness" requirement of the DMCA.  Turning off CD auto-play is good
idea from a security standpoint and has nothing to do with circumventing
copy-protection schemes.

Here's the wording of the DMCA:

http://thomas.loc.gov/cgi-bin/query/F?c105:1:./temp/~c105Ate0xB:e11962

Sec. 1201. Circumvention of copyright protection systems

`(a) VIOLATIONS REGARDING CIRCUMVENTION OF TECHNOLOGICAL MEASURES- (1)(A) No
person shall circumvent a technological measure that *effectively* controls
access to a work protected under this title. 

======================================

`(2) No person shall manufacture, import, offer to the public, provide, or
otherwise traffic in any technology, product, service, device, component, or
part thereof, that--

`(A) is primarily designed or produced for the purpose of circumventing a
technological measure that effectively controls access to a work protected
under this title;

`(B) has only limited commercially significant purpose or use other than to
circumvent a technological measure that effectively controls access to a
work protected under this title; or

`(C) is marketed by that person or another acting in concert with that
person with that person's knowledge for use in circumventing a technological
measure that effectively controls access to a work protected under this
title.

========================================

`(3) As used in this subsection--

`(A) to `circumvent a technological measure' means to descramble a scrambled
work, to decrypt an encrypted work, or otherwise to avoid, bypass, remove,
deactivate, or impair a technological measure, without the authority of the
copyright owner; and

`(B) a technological measure `effectively controls access to a work' if the
measure, in the ordinary course of its operation, requires the application
of information, or a process or a treatment, with the authority of the
copyright owner, to gain access to the work.

Richard

PS. IANAL, YMMV, etc.
 

-----Original Message-----
From: full-disclosure-admin () lists netsys com
[mailto:full-disclosure-admin () lists netsys com] On Behalf Of Jonathan A.
Zdziarski
Sent: Friday, October 10, 2003 11:04 AM
To: Schmehl, Paul L
Cc: full-disclosure () lists netsys com
Subject: RE: [Full-disclosure] Student faces suit over key to CD locks


Does this mean they're going to attempt to sue Microsoft also, for
publishing this feature in their Windows documentation?  Or perhaps
they'll take the RIAA's approach and sue anyone who uses the SHIFT key.

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