Steal This Disk: Copy Protection, Consumers' Rights, and the Digital Millennium Copyright Act
2003; Northwestern University School of Law; Volume: 97; Issue: 3 Linguagem: Inglês
ISSN
0029-3571
Autores Tópico(s)Intellectual Property Law
ResumoI. INTRODUCTION The Digital Millennium Copyright Act of 1998 (DMCA)1 has been called the sweeping revision[] ever the Copyright Act of 1976.2 The purpose of the Act, according the Senate, was bring U.S. copyright law squarely into the age.3 But critics say that the real effect of the DMCA has been turn copyright law from system of protection designed and intended primarily serve the public interest in the creation and dissemination of creative into nothing more than a guild monopoly, serving only private interests.4 The DMCA contains a multitude of provisions, mostly relating copyrights in the digital age, but those addressed in this Comment are what generally are referred as the anticircumvention provisions.5 These provisions make it a civil and, in some cases, criminal6 offense circumvent a technological measure that effectively controls access a [copyrighted] work7 or traffic in any technology . . . that is primarily designed or produced for the purpose of circumventing a technological measure that effectively controls access a [copyrighted] work [or] . . . effectively protects a right of a copyright owner . . . in a work or a portion thereof.8 Unfortunately, these provisions have had, and will likely continue have, adverse effects on consumers' rights exploit fully merchandise that they lawfully purchase. This Comment will examine those adverse effects and will suggest alternatives the DMCA's strict codes, which will not only protect the intellectual property rights of owners, but will also respect the rights of consumers. A. Technological Background The age has redefined the concept of copying. Information stored digitally, such as music CDs, DVD movies,9 computer software, or television broadcasts, is subject flawless, exact, and potentially limitless reproduction using electronic equipment. Information stored in an analog format, on the other hand, such as photographs, books, VHS video tapes, or audio cassettes, cannot be reproduced as perfectly, at least not without substantially more effort. The technology create copies is readily available and inexpensive.10 This fact leads the conclusion that without protective measures, information could become so easily copied that the economic value its owners would become meaningless. Digital intellectual property rights would become unenforceable, owners would no longer be able control access their works, and the constitutional incentive to promote the progress of . . . useful arts11 would disappear. Various industries have responded this problem in different ways. One of the most talked about examples of this is the DVD movie industry, which utilizes the Content Scrambling System (CSS) help ensure that DVD movies cannot be easily copied, even with a DVD recorder.12 Other examples of copy protection efforts include video game consoles, such as the Sony PlayStation.13 A third, newer form of copy protection is now being adopted protect television content.14 But with technology that is so new, and the means for amateur computer enthusiasts develop technology so widespread,15 any copy protection scheme can theoretically be circumvented or cracked by smart and tenacious individuals. Thus, without legal protection, even technology protected by the best technological protection systems imaginable can become vulnerable. B. Evaluating the DMCA The Senate report on the bill enacting the DMCA states: Due the ease with which works can be copied and distributed worldwide virtually instantaneously, copyright owners will hesitate make their works readily available on the Internet [or in other forms of media] without reasonable assurance that they will be protected against massive piracy. [The DMCA] provides this protection and creates the legal platform for launching the global on-line marketplace for copyrighted works. …
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