In the suit Lexmark claimed that SCC's Smartek 520/620 chips violated the Digital Millennium Copyright Act
Last month my colleague Deborah Whitehead wrote an article about the use of the Digital Millennium Copyright Act
to threaten a student who had discovered that a software gizmo intended to prevent multiple copying could be sidestepped by ``shift-clicking.
But five years ago, as a way to adapt old copyright laws into the new digital media environment, Congress passed the Digital Millennium Copyright Act
According to Gretchen McCord Hoffman in Copyright in Cyberspace: Questions and Answers for Librarians (2001), the Digital Millennium Copyright Act
(DMCA) has far-reaching effects on copyright law, in a number of areas ranging from electronic communications to international copyright law, to exemptions for library reproductions, to anticircumvention technologies, to distance education, among others.
It includes coverage of federal and state laws dealing with intellectual property violations, guidelines for federal prosecutors to use to determine whether to prosecute, the Digital Millennium Copyright Act
, RICO and wire and mail fraud, trademark counterfeiting, computer crime and the Computer Fraud and Abuse Act, searching and seizing computers and related company security issues.
Some claim the students are simply indexing the names and locations of publicly shared files (and not hosting the files) and their services fall into a "safe harbor" area of the Digital Millennium Copyright Act
, much like a commercial search engine.
The Digital Millennium Copyright Act
of 1998, Napster, and the blitzkrieg of corporate claims on intellect ual ownership all lay ahead, but it should be remembered that the original test case of the property wars--the mercurial career of sampling and its legal finale--was one that could hardly be called color-blind.
According to the Digital Millennium Copyright Act
, signed on October 8, 1998, it is a crime to circumvent any antipiracy measures built into most commercial software.
The lawsuit challenges provisions of the Digital Millennium Copyright Act
of 19 9 8 and the non-negotiable N2H2 license, which restricts buyers from accessing the list of blocked sites.
The Provider Liability Law deals with subject matter similar to that of the US Communications Decency Act and the Digital Millennium Copyright Act
The first criminal trial under the Digital Millennium Copyright Act
will begin Aug.
However, this act simply does not give enough protection for software publishers because it is not as wide ranging as the Copyright Directive which like the US Digital Millennium Copyright Act
includes a ban on any devices or services designed specifically to circumvent.
Coverage of the Digital Millennium Copyright Act
is included in the guide, focusing especially on how the DMCA has altered copyright law, what Internet-related activities constitute infringement, what kinds of e-mail transmissions are and aren't protected, when databases are copyrightable, and how to protect online works.
Where they can't, the tendency has been to adopt specific laws--such as the Digital Millennium Copyright Act
, which provides that online service providers will not be liable for copyright infringement--rather than attempt to develop a code to govern the Internet, as the European Union has done, she said.
The controversial Digital Millennium Copyright Act
was enacted -- hastily, some claim -- to address a broad range of concerns.