Originally Posted by StratmanX
The issue was of Fair Use. I gave an example where a complete copy of the copyrighted material may not be legal without permission. The same holds for Blu-rays with DRM protection. If the technology utilized to circumvent DRM is illegal then it does not take a genius to understand that use of that illegal technology may be deemed criminal.
"Many believe that removing DVD and Blu-ray disc encryption is reasonable and lawful because they feel the "fair use" provision of copyright law should override any provisions against removing encryption. In fact, to our knowledge no individual has ever been prosecuted for removing DVD or Blu-ray disc copy protection.
In 2010, the US Librarian of Congress specified several exemptions from the anti-circumvention provision of the DMCA law. These are described as:
Individuals that meet these exemptions are permitted to circumvent the copy protection on DVD discs. Whether this applies in the case of Blu-ray discs is unclear. In most aspects, however, these exemptions follow the standard "fair use" provisions of traditional copyright law."
- The incorporation of short portions of motion pictures into new works for the purpose of criticism or comment
- Educational uses by college and university professors and by college and university film and media studies students
- Documentary filmmaking
- Noncommercial videos
Who are these "many"? Regardless of what "many" believe, it is what a few judges believe that count.
- Martin Niemöller (1892-1984) was a prominent Protestant pastor who emerged as an outspoken public foe of Adolf Hitler and spent the last seven years of Nazi rule in concentration camps.
Hollywood swings the hammer first on software companies and will pound their way down to the citizen circumventor eventually if needed.
Why don't you guys read the DMCA instead of making things up?
Section 103 of the DMCA adds a new chapter 12 to Title 17 of the U.S. Code.
New section 1201 implements the obligation to provide adequate and effective protection against circumvention of technological measures used by copyright owners to protect their works.
Section 1201 divides technological measures into two categories: measures that prevent unauthorized access to a copyrighted work and measures that prevent unauthorized copying (definition in note 2) of a copyrighted work. Making or selling devices or services that are used to circumvent either category of technological measure is prohibited in certain circumstances
, described below. As to the act of circumvention in itself, the provision prohibits circumventing the first category of technological measures, but not the second.
This distinction was employed to assure that the public will have the continued ability to make fair use of copyrighted works.
Since copying of a work may be a fair use under appropriate circumstances, section 1201 does not prohibit the act of circumventing a technological measure that prevents copying. By contrast, since the fair use doctrine is not a defense to the act of gaining unauthorized access to a work, the act of circumventing a technological measure in order to gain access is prohibited.
Section 1201 proscribes devices or services that fall within any one of the following three categories:
1. they are primarily designed or produced to circumvent;
2. they have only limited commercially significant purpose or use other than to circumvent; or
3. they are marketed for use in circumventing
"Copying” is used in this context as a short-hand for the exercise of any of the exclusive rights of an author under section 106 of the Copyright Act. Consequently, a technological measure that prevents unauthorized distribution or public performance of a work would fall
in this second category
and regarding changes to established "legal fair use"
Section 1201 contains two general savings clauses. First, section 1201(c)(1) states that nothing in section 1201 affects rights, remedies, limitations or defenses to
copyright infringement, including fair use
. Second, section 1201(c)(2) states that nothing in section 1201 enlarges or diminishes vicarious or contributory copyright infringement.