funsec mailing list archives

Re: FW: Windows Live and Privacy


From: Blue Boar <BlueBoar () thievco com>
Date: Tue, 05 Dec 2006 16:17:41 -0800

Rob, grandpa of Ryan, Trevor, Devon & Hannah wrote:
To be boringly pedantic about it, doesn't the DMCA only kick in when you do something to "circumvent" a tech that is being used for dig. rights man.? (Which is a dangerous enough law to have around ...)

You'd have to ask a lawyer, who would probably waffle because of the lack of case law. But yes, it appears that the DMCA only introduced penalties for (section 1201) bypass of copy protection and (section 1202) removal of copyright notice/watermark/broadcast bit(? I can't tell what "copyright management information" is.) Penalties in section 1204:
http://www.eff.org/IP/DMCA/hr2281_dmca_law_19981020_pl105-304.html

Note that I believe one video signal cleanup device was declared illegal under the DMCA, because it accidentally removed some of the Macrovision noise on VHS tapes.

I believe the DMCA was the start of criminal penalties for copyright. Later, general copyright violations got criminal penalties here: (I think)
http://www4.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00002319----000-.html

                                        BB
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