Nathanael Nerode wrote:
> "Effective technological protection measure" is supposed to mean "Effective
> technological protection measure for preventing copying or distribution".
I think the DMCA actually speaks about "access to the work"
(17 U.S.C. 1201):
(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;
(...)
And "access" is defined such that I don't think it covers
copying of the protected work:
(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.
http://www.usdoj.gov/criminal/cybercrime/17usc1201.htm
Arnoud
--
Arnoud Engelfriet, Dutch & European patent attorney - Speaking only for myself
Patents, copyright and IPR explained for techies: http://www.iusmentis.com/
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