Posted by Orin Kerr:
Federal Circuit on the DMCA:
Today the Federal Circuit decided [1]Chamberlain Croup v. Skylink
Technologies, also known as "the garage door opener case," which
considered several interesting and important questions about the scope
of the DMCA. The Federal Circuit affirmed. From the opinion:
We conclude that 17 U.S.C. � 1201 prohibits only forms of access
that bear a reasonable relationship to the protections that the
Copyright Act otherwise affords copyright owners. While such a rule
of reason may create some uncertainty and consume some judicial
resources, it is the only meaningful reading of the statute.
Congress attempted to balance the legitimate interests of copyright
owners with those of consumers of copyrighted products. See H.R.
Rep. No. 105-551, at 26 (1998). The courts must adhere to the
language that Congress enacted to determine how it attempted to
achieve that balance.
. . . .
. . . . A copyright owner seeking to impose liability on an
accused circumventor must demonstrate a reasonable relationship
between the circumvention at issue and a use relating to a property
right for which the Copyright Act permits the copyright owner to
withhold authorization--as well as notice that authorization was
withheld. A copyright owner seeking to impose liability on an
accused trafficker must demonstrate that the trafficker's device
enables either copyright infringement or a prohibited
circumvention.
References
1. http://fedcir.gov/opinions/04-1118.doc
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