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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.
The DMCA has affected the worldwide cryptography research community, since an argument can be made that any cryptanalytic research violates, or might violate, the DMCA. The arrest of Russian programmer Dmitry Sklyarov in 2001, for alleged infringement of the DMCA, was a highly publicized example of the law's use to prevent or penalize ...
[24] [25] A 2005 study into the DMCA notice and take down process by Jennifer Urban and Laura Quilter from the Samuelson Law, Technology and Public Policy Clinic concluded that "some notices are sent in order to accomplish the paradigmatic goal of 512 – the inexpensive takedown of clearly infringing hosted content or links to infringing web ...
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.
The DMCA has been cited as chilling to legitimate users; [27] such as security consultants including Niels Ferguson, who declined to publish vulnerabilities he discovered in Intel's secure-computing scheme due to fear of arrest under DMCA; and blind or visually impaired users of screen readers or other assistive technologies.
Critics of the DMCA have often noted the absence of an explicit exception for circumvention to enable fair use. [2] [3] [4] Section 103(c)(1) of the DMCA (17 U.S.C. Sec. 1201 (c)(1)) does state that [n]othing in this section shall affect rights, remedies, limitations, or defenses to copyright infringement, including fair use, under this title ...
A forced free trial is a direct-marketing technique, usually for goods sold by regular subscription, in which potential buyers are sent a number of free product sample, usually periodic publications. Often, publishers distribute free copies and the reader is not asked to subscribe.
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