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Unconstitutional
- For the foregoing reasons, DMCA section 1201 is unconstitutional.
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What is Section 1201?
Does Section 1201 prohibit legitimate use of copyrighted works?
What is DMCA Section 1201?
What is section 1201? Section 1201 is a provision of the copyright law (title 17), that prohibits circumvention of technological protection measures employed by or on behalf of copyright owners to control access to their works.
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. to “. circumvent a technological measure.
issues that fall outside the narrow confines of the section 1201 rulemaking, and can only be addressed through legislative action. The most recent rulemaking, completed in October 2015, illustrates this dynamic: while section 1201 has played a critical role in the
Oct 19, 2023 · As explained in the October 19, 2023, notice of proposed rulemaking, the Office intends to recommend readoption of all but one existing exemptions. If renewed, those current exemptions would remain in force for an additional three-year period (October 2024–October 2027).
Digital rights and other social activists have called for reform of Section 1201 to address the misuse of TPMs to restrict access to knowledge beyond the limits of traditional copyright protection, such as restraining free speech; interfering with copyright fair use; erecting barriers to research and access to knowledge; and limiting
To summarize, section 1201 generally prohibits trafficking in technologies used to circumvent either access or copy controls. Section 1201 also generally prohibits circumventing access controls, but does not prohibit circumventing copy controls. But if someone circumvented a copy control to reproduce a work,
Oct 27, 2016 · It would also bring the law back in line with the limits required by the Constitution to accommodate free speech. “Section 1201 is unconstitutional, violating the rights of American researchers, entrepreneurs, artists, and in the end, all of us, ” said EFF Senior Staff Attorney Mitch Stoltz.
