Sometimes Fair Use Takes a Little Effort (and that’s a Good Thing)
Last week, the Electronic Frontier Foundation (EFF) launched a series of “science fiction stories” as part of their ongoing crusade to invalidate Section 1201 of the Digital Millennium Copyright Act (DMCA), which prohibits the circumvention of copyright technical protection measures (TPMs). Though Section 1201 provides exemptions to the prohibitions under certain circumstances, the EFF considers them to be “complicated” and “difficult to use” and advocates for broad exemptions that would allow anyone engaged in fair use copying to override TPMs. It’s a proposition that disregards legal alternatives to hacking digital protection mechanisms, and it’s one that promotes a fallacy that the fair use doctrine requires that a user have the most convenient access to the highest quality version of a work.
The Unicorn Scene
In an attempt to “illustrate the bad effects DMCA 1201 could have,” the...
Continue reading →