FC: How bad is the Digital Millennium Copyright Act?

[Declan McCullagh <declan () well com>]

http://news.com.com/2010-12-950229.html
   
   Debunking DMCA myths
   By Declan McCullagh 
   August 19, 2002, 4:00 AM PT

   WASHINGTON--Should researchers really be so worried about the
   much-reviled Digital Millennium Copyright Act?
   
   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.)
   
   Even so, not all execrable laws are equally loathsome. A careful look
   at the DMCA shows that, far from prohibiting all security research,
   the law does not regulate as many activities as people seem to
   believe.

   [...]



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