Digital Millennium Copyright Act DMCA Cases Claire Stewart

Digital Millennium Copyright Act (DMCA) Cases Claire Stewart MM 450 February 16, 2006

Universal City v Reimerdes • What were the circumstances? What did the appeals court decide? • What provisions of the DMCA are involved? • What was 2600 being sued for?

“DVD Jon” • Prosecuted in Norway for hacking (2002, age 19) • Acquitted on all charges in 2003, acquittal upheld in ‘ 04 • Has since continued his work and has decrypted Microsoft’s Windows Media Player, i. Tunes DRM, reported to be working on the next generation DVD encryption

arguments: • CSS is not “effective” because it was so easily broken • Code and linking to code are protected speech • De. CSS facilitates fair use • Copyright owners give implicit consent to decrypt when they sell DVDs • DMCA unconstitutional because it allows perpetual protection (perpetual protection = perpetual copyright)

Judge replies • Free speech: yes, code can be protected as expression, but the functional element is problematic • This is not an actual fair use case • Constitutional claims are improperly introduced by 2600

From decision in circuit court: “Defendants, however, are not here sued for copyright infringement. They are sued for offering and providing technology designed to circumvent technological measures that control access to copyrighted works” UNIVERSAL CITY STUDIOS v Shawn C. REIMERDES, 111 F. Supp. 2 d 294, S. D. N. Y. http: //cyber. law. harvard. edu/openlaw/DVD/NY/trial/op. html#321

Other DMCA cases • Question: what were the objections raised – By Lexmark cartridges case? – Against Skylink in the Chamberlain case? • Do you think Congress intended the DMCA to be used in these cases? Why or why not?

Lawrence Lessig: previously unregulated uses Presentation at Northwestern University, April 24, 2003. Full recording: http: //www. oyez. org/creativecommons

Adobe ebooks, Dimitri Sklyarov • Arrested in Las Vegas July 16, 2001, held until August 6, 2001 • Charged with four counts of circumvention offenses, one charge of conspiracy • December 2002: not guilty on all charges http: //www. unc. edu/~unclng/Copy-corner 53. htm

Other developments • • • Broadcast flag, FCC regulation, struck down Satellite radio protections proposed Digital Media Consumers’ Rights Act Microsoft’s secure operating system Next generation DVDs (HDDVD/Blu. Ray)

Final quote from Universal: “Indeed, as many have pointed out, technological means of controlling access to works create a risk, depending upon future technological and commercial developments, of limiting access to works that are not protected by copyright such as works upon which copyright has expired. ” UNIVERSAL CITY STUDIOS v Shawn C. REIMERDES, 111 F. Supp. 2 d 294, S. D. N. Y. http: //cyber. law. harvard. edu/openlaw/DVD/NY/trial/op. html#321