August 31, 2004
Skylink Wins and so too might DMCA Reform Advocates
Jason’s got the scoop, and, from the quotes he pulls, this looks really interesting.
[later:] Ernest is on the case – he captures my sentiments, particularly with regard to it inspiring and frustrating. I’m going to chew on this on my way to NY this evening – it’s a lot to take in. The copy and access control distinction is indeed rather murky. The court boldly brought 1201(c) to bear (SethF, I imagine, is as surprised as I am). The court says anti-trust and misuse still apply, regardless of the DMCA. The court even says that Chamberlain’s interpretation of the DMCA would make it borderline irrational under the test expressed in Eldred. Here are some of the money lines:
“The statutory structure and the legislative history both make it clear that the DMCA granted copyright holders additional legal protections, but neither rescinded the basic bargain granting the public noninfringing and fair uses of copyrighted materials,
Filed by Derek Slater at 10:13 pm under Big Ideas
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