[FYI] (Fwd) DMCA Anti-Circumvention comments - deadline Feb 17

["Axel H Horns" <horns@t-online.de>]

------- Forwarded message follows -------
Date sent:      	Wed, 9 Feb 2000 23:02:12 -0500
Send reply to:  	Law & Policy of Computer Communications
             	<CYBERIA-L@LISTSERV.AOL.COM>
From:           	Seth Finkelstein <sethf@MIT.EDU>
Subject:        	DMCA Anti-Circumvention comments - deadline Feb 17
To:             	CYBERIA-L@LISTSERV.AOL.COM

        Did you like Section 1201(a)(2) of the Digital Millennium
Copyright Act? That provision under which we've seen programmers
subjected to everything from injunctions to a raid by the police? Well
then, you're going to LOVE Section 1201(a)(1) of the DMCA.

      1201(a)(2) is the "offer to the public" prohibition.
      1201(a)(1) applies to the very act of "circumvention" itself:

     "``(a) VIOLATIONS REGARDING CIRCUMVENTION OF TECHNOLOGICAL
     MEASURES.-- (1)(A) No person shall circumvent a technological
     measure that effectively controls access to a work protected"

        This is something like patent, copyright, and trade-secret all
rolled into one. We've just seen the DMCA in practice, and it's going
to get worse before it gets better. Now regarding this provision:

"The Copyright Office is first seeking written and reply comments from
interested parties in order to elicit information and views on whether
noninfringing uses of certain classes of works are, or are likely to
be, adversely affected by the prohibition against circumvention of
access control technologies."

        http://www.loc.gov/copyright/1201/anticirc.html

        The implications should be obvious.

        The deadline for comments has been extended to February 17,
        2000.
Read the above for format information, there's some picky requirements
on how to submit a comment.

        Send your contribution before it's too late. The court case
        you
avoid may be your own!

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------- Seth Finkelstein  Consulting Web Programmer, potential
circumvention-criminal
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