5th Circuit Soft on DMCA?
Judge Garza of the New Orleans based 5th Circuit has ruled that circumventing software protection is not per se a violation of DMCA. Courthouse News reports:
General Electric did not infringe on a power supplier’s digital copyrights when it used protected software unlocked through a hacked security key, the 5th Circuit ruled.
“Merely bypassing a technological protection that restricts a user from viewing or using a work is insufficient to trigger the (Digital Millennium Copyright Act’s) anti-circumvention provision,” Judge Garza wrote for the New Orleans-based court.
“The DMCA prohibits only forms of access that would violate or impinge on the protections that the Copyright Act otherwise affords copyright owners.”
The ruling represents a parting of the way with the current prevailing view in most of the nation’s courts, according to author and digital rights activist Cory Doctorow. Such a split, says Doctorow, is often the precursor to seeing the ruling challenged in the Supreme Court. Doctorow also points out that Judge Garza’s ruling, which might otherwise be viewed as a victory for proponents of a less rigid enforcement of the DMCA, is nonetheless a victory not of an underdog hacker but instead is an example of a large and powerful corporation prevailing. Quoting Doctorow’s July 25th post at boingboing.net,
What’s more, the defendants here are General Electric, not hackers in black t-shirts or sketchy offshore Xbox-modchip vendors (theoretically the law shouldn’t care if the defendant is a hobo or a billionaire, but in practice, billionaires usually get better precedents, and not just because they can afford better lawyers).
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