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It is often called DMCA anti-circumvention provisions. It restricts the ability to make, sell, or distribute devices which circumvent digital restrictions management systems, adding Chapter 12 (sections 1201 through 1205 ) to US copyright law.
U.S. v. ElcomSoft and Dmitry Sklyarov; Court: U.S. District Court for the Northern District of California, San Jose Division: Full case name: United States of America versus Elcom Ltd., also known as ElcomSoft Co. Ltd., and Dmitry Sklyarov
In addition to the safe harbors and exemptions the statute explicitly provides, 17 U.S.C. 1201(a)(1) requires that the Librarian of Congress issue exemptions from the prohibition against circumvention of access-control technology.
In 2017, Litman published a new edition of the book under a CC-BY-ND creative commons license through Maize Books. [7] The 2017 edition includes a new postscript [ 8 ] responding to some of the legal developments during the 19 years that followed Congress's enactment of the DMCA.
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There have been recent claims [40] that the DMCA-embedded concepts of direct financial benefit, interference with standard technical measures, and the legislative red flag test for identifying infringing material are significantly challenged by the explosion of user-generated content unleashed by Web 2.0 technologies.
Long title: To amend the provisions of title 17, United States Code, with respect to the duration of copyright, and for other purposes (Title II) Enacted by: the 105th United States Congress: Effective: January 25, 1999: Citations; Public law: Pub. Law 105–298: Statutes at Large: 112 Stat. 2827 (1998) Codification; Titles amended: 17 ...
In a 2009 case, United States District Court judge Deborah A. Batts permanently prohibited publication in the United States of a book by Swedish writer Fredrik Colting, whose protagonist is a 76-year-old version of Holden Caulfield of J.D. Salinger's The Catcher in the Rye. Judge Batts explicitly rejected arguments of parody and criticism, stating,