Silicon Valley firms supported legislation to outlaw acts of circumvention facilitating copyright infringement and would have supported narrowly drawn device legislation.
The administration initially sought to an almost unlimited ban of circumvention activities.
However, the legislative history of the DMCA clearly reflects that Congress intended for circumvention for fair use purposes to be lawful.
One enables circumvention for purposes of achieving interoperability among computer programs.
The most puzzling aspect of Section 1201 is whether Congress, in essence, created a number of meaningless privileges or whether it intended for people to be able to develop or have access to technologies necessary to engage in privileged circumvention #5.
They might observe the DMCA authorizes circumvention in order to protect personal privacy.
The Campbell-Boucher bill in the House would have outlawed acts of circumvention of technical protection measures undertaken for purposes of enabling or engaging in copyright infringement.
The USACM Public Policy Committee helped to make a difference in the public policy debate about regulating circumvention of technical protection systems.
Nevertheless, these exceptions are still too narrow to allow the full range of legitimate acts of circumvention.
94) Article 11 requires each contracting nation to address the circumvention of encryption and other digital rights management tools used by the authors or owners of the material to protect their rights.
While a provision restricting the circumvention of digital protection mechanisms seems very sensible and standard amidst the other language of the treaty, it is in fact a large step--forward or backward, depending upon whom you consult--for international copyright protections.
99) Because machines or computer programs will typically accomplish the acts of circumvention, the provision usually is not construed to have such a limitation.
104) On its face, Article 11 requires a prohibition of any act of circumvention, regardless of whether the intent of the circumvention was to infringe on a particular copyright.
In order for nations to prohibit the act of circumventing a protection, even when the access gained from the circumvention does not violate a protected right in the work, they must draw a distinction between access to a material and use of a material.
One criticism of a broad interpretation of the anti-circumvention provisions is that circumvention devices have many legitimate uses.