IP: Should researchers really be so worried about the much-reviled Digital Millennium Copyright Act?

[Dave Farber <dave () farber net>]

By Declan McCullagh

------ Forwarded Message
From: "Joseph C. Pistritto" <jcp () jcphome com>
Date: Mon, 19 Aug 2002 12:50:26 -0700
To: dave () farber net
Subject: (DMCA related) - As usual, Declan is onto something...

with this article:

WASHINGTON--Should researchers really be so worried about the much-reviled
Digital Millennium Copyright Act?
...

http://news.com.com/2010-12-950229.html?tag=fd_nc_1


If you believe the buzz, you'll conclude that programmers, academics and
engineers should be scared witless about being sued under the DMCA. In
effect for nearly two years, the law sets protections for the codes that are
wrapped around certain copyrighted content such as DVDs and electronic
books. 

An attorney for the Computing Research Association, representing the
computer science departments of some 200 universities, claims that
"professors are afraid to study information systems or to publish their
research." One researcher in the Netherlands announced that, because of the
DMCA, he would not reveal his analysis of Intel's digital video system.
Edward Felten, a computer scientist at Princeton University, and his
colleagues postponed a presentation of their co-authored paper for four
months after receiving DMCA threats.


Because some of his co-authors' employers nixed the presentation, Felten's
delay is understandable. However, the fears of legal action may not all be
justified. 

Don't get me wrong. The DMCA is both an egregious law and a brazen power
grab by Hollywood, the music industry and software companies. It is probably
unconstitutional. It creates unnecessary federal crimes, cedes too much
authority to copyright holders, and should be unceremoniously tossed out by
the courts. (As a bonus, perhaps we could horsewhip its many fans in
Congress.) 

 <snip>