17 U.S.C. 1201(a)(1)

"No person shall circumvent a technological measure that effectively controls access to a work protected [by copyright law]."

- Statute seems to require that in order to qualify for  DMCA protection the

  copyright holder must implement "effective control" to access and protect the

  copyrighted work.

 

- Divides technological measures into 2 parts:

            - prevention of unauthorized access to copyrighted works

            - measures to prevent unauthorized copying of copyrighted works

"As to the Act of circumvention in itself, the provision prohibits circumventing [unauthorized access], but not [unauthorized copying] . . . Since copying of a work may be fair use . . ., 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."  U.S. Copyright Office Summary, The DMCA of 1998 (Dec. 1998)

 

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