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Topic: DMCA

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	Digital Millennium Copyright Act - Wikipedia, the free encyclopedia
		DMCA Title I has two major portions, one of which includes works covered by several treaties in US copy prevention laws and gave the title its name and the other which is often known as the DMCA anti-circumvention provisions.
		DMCA Title II creates a safe harbor for online service providers (OSPs, including ISPs) against copyright liability if they promptly block access if they receive a notification from a copyright holder or their agent.
		DMCA Title III modified section 117 of copyright law so that those repairing computers could make certain temporary, limited copies while working on a computer.
	en.wikipedia.org /wiki/DMCA (774 words)

	DMCA
		Example: Access-Restricted CDs Summary: The DMCA prevents CD purchasers from listening to recordings they lawfully acquire on the devices of their choosing, when copyright holders distribute CDs that are tied to a specific device or platform.
		The DMCA prevents users from circumventing the technology tethering a DVD or DVD player to the region where it was purchased or tethering a DVD to a designated platform or device.
		We urge the Librarian to recommend an exemption to the DMCA's general ban on circumvention of access control measures to permit owners to lawfully circumvent technological measures that limit both access and post-sale use of their movies, where the post sale use is protected under copyright law.
	www.mp3newswire.net /stories/2002/DMCA.html (10251 words)

	ALA \| Guide to the DMCA (Site not responding. Last check: 2007-10-22)
		In determining whether this exception is applicable, the DMCA requires the court to consider whether the information derived from the security testing was used solely to improve the security measures or whether it was used or maintained so as not to facilitate infringement.
		The DMCA addresses personal privacy concerns by permitting circumvention for the limited purpose of identifying and disabling as technological means such as a "cookie" which collects or disseminates personally identifying information reflecting the online activities of the user.
		The DMCA further limits the liability of nonprofit institutions of higher education that act as OSPs for the infringing acts of their faculty and graduate students when performing teaching or research functions.
	www.ala.org /ala/washoff/WOissues/copyrightb/dmca/guidedmca.htm (4663 words)

	Thermo Electron Corporation --dMCA digital multi channel analyzers
		The dMCA system is configurable for 1 to 64 independent detectors inputs in one single computer.
		The dMCA system consists of motherboards which are inserted in the PC-bus and different subboards for versatile configurations.
		Different dMCA boards are connected through a separate ESSI (Enhanced Serial) bus for synchronous data acquisition.
	www.thermo.com /com/cda/product/detail/1,1055,22498,00.html (548 words)

	Mindjack - the beat of digital culture
		Under the threat of public DMCA cases, and the heavy penalties attending violations, educators are likely to turn away from digital copying, and the many positive uses it affords students and scholars.
		The DMCA largely assumes that libraries' digital holdings do not hew to this principle, and thus may be compelled to re-purchase each user's use of such materials.
		According to the DMCA, any appropriation of IP must be done with the owner's permission; the rich variety of fan culture may decrease as a result of the Act.
	www.mindjack.com /feature/dmca.html (3954 words)

	Copyright Strikes Back \| Linux Journal (Site not responding. Last check: 2007-10-22)
		Under the terms of the 1998 Digital Millennium Copyright Act (DMCA), the ISP is under a positive obligation to remove the potentially infringing material immediately, even though no court of law has determined that it does, in fact, infringe on the plaintiff's copyright.
		In cases of copyright infringement, the DMCA radically shifts the burden of proof to alleged infringers--and in most cases, the mere accusation is sufficient to suppress unwanted material.
		Attorneys from the Recording Industry Association of America (RIAA) are firing off notices to colleges and universities, demanding the removal of all MP3 files and the names and addresses of all students who are found to have MP3 files on their servers, even though some of these files are perfectly legal.
	www.linuxjournal.com /article/5076 (2649 words)

	[No title] (Site not responding. Last check: 2007-10-22)
		Prior to the passage of the DMCA the last major revision was in 1976.
		DMCA legislation was introduced into Congress in 1997, with the enactment of the law occurring in 1998
		Sony Corporation used the DMCA to prevent the distribution of decrypted code relating to its electronic “pet” dog – the code was broken by a hobbyist.
	www.lib.utk.edu /~tla/TL/v54n2/holden1.htm (1000 words)

	FAQ about DMCA Safe Harbor Provisions -- Chilling Effects Clearinghouse
		The DMCA subpoena provision does not apply to requests for the identities of users of ISP conduit 512(a) services, but only to users of hosting or linking, for which a takedown may be sent under 512(c)(3)(A).
		Thus DMCA subpoenas cannot be used to find the identities of users engaged in peer-to-peer filesharing.
		The DMCA provides a safe harbor to information location tools that comply with takedown notices, but it is not settled whether they would be liable for copyright infringement if they did not use the safe harbor.
	www.chillingeffects.org /dmca512/faq.cgi (6632 words)

	DMCA
		The primary constriction of air was manifested in the anti-circumvention provisions in the DMCA.
		The DMCA prohibits the sale or distribution of technology that would enable either the unauthorized access to a work or the unauthorized copying of a work.
		The theory is that since copying a work may be a fair use under appropriate circumstances, the DMCA does not prohibit the act of circumventing a technological counter measure that prevents copying.
	www.benedict.com /Digital/Internet/DMCA.aspx (1128 words)

	The truth about the DMCA \| Tech News on ZDNet
		The DMCA is both an egregious law and a brazen power grab by Hollywood, the music industry and software companies.
		In a report accompanying the DMCA, Congress stressed that research could not be targeted: "The committee believes it is very important to emphasize that (this section) is aimed fundamentally at outlawing so-called 'fl boxes' that are expressly intended to facilitate circumvention of technological protection measures for purposes of gaining access to a work."
		For its part, the EFF points to the potential chilling effect of even unfounded DMCA threats, saying that "nastygrams" can halt a lot of legal acts--and most people are not willing to risk being right at the cost of civil fines that swallow their kids' college funds.
	news.zdnet.com /2100-9595_22-954316.html (1469 words)

	DMCA - Computerworld
		Four years later, copyright holders are using the DMCA to successfully fight Napster-like services and protect their anticopying technology.
		The DMCA also raises issues that can affect the sharing and copying of data in the workplace.
		The DMCA requires that those excerpts include copyright management information such as title, author, and terms and conditions of use, says Michael Overly, an attorney at Foley & Lardner in Los Angeles.
	www.computerworld.com /printthis/2002/0,4814,76301,00.html (728 words)

	Cybertelecom :: IP DMCA
		Other provisions of the DMCA deal with such topics as vessel hull design, distance education, and copies of programs related to computer maintenance.
		Congress mandated that the Library of Congress report to Congress on the implementation of the DMCA.
		Evaluated the effects of the DMCA and the development of E-commerce on first sale doctrine (the right of an owner of a copy of a work to sell that copy), the creation of certain temporary incidental copies (ie, RAM copies), and the archival copying exemption.
	www.cybertelecom.org /ip/dmcaref.htm (1036 words)

	Digital Millennium Copyright Act protest at Stanford University
		DMCA contains a provision that "prohibits circumvention of access control technologies employed by copyright owners to protect their works." What does that mean?
		In summary, the Copyright Office should heed the advice of the library associations, the cryptographers, the non-proprietary software developers, academics, and the civil liberties groups and construe the DMCA narrowly to provide adequate protections for the interests (other than the copyright industry) represented in the copyright bargain.
		Therefore, all classes of works must be exempt from the general circumvention prohibition when the purpose for the circumvention is to engage in a lawful fair use of a work.
	zgp.org /~dmarti/dmca (913 words)

	Joint Study of Section 1201(g) of The Digital Millennium Copyright Act
		Second, the DMCA seeks to encourage legitimate research activities (some involving acts of circumvention of such technological measures) that will advance the state of the art in encryption technology, the foundation on which these measures are based and on which electronic commerce is supported.
		Section 1201(g) of the DMCA implements the second imperative by exempting from the new prohibition certain good faith activities of circumvention when: (a) the person circumventing the protection system lawfully obtained the encrypted copy of the work; (b) circumvention is necessary to conduct the "encryption research;"
		The objective of Title I of the DMCA was to revise U.S. copyright law to comply with two recent World Intellectual Property Organization treaties and to strengthen copyright protection for motion pictures, sound recordings, computer software and other copyrighted works in electronic formats.
	www.ntia.doc.gov /reports/dmca (3915 words)

	Abolish the Digital Millenium Copyright Act Petition
		We believe that this law contradicts the interest that we, the People, intended when we delegated Congress the Constitutional Power "to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries".
		We agree with Julie Cohen, writing for 46 intellectual property professors who find that "The DMCA's anti-device provisions are not a valid exercise of any of Congress' enumerated powers." We endorse their amicus brief submitted in Universal v.
		This DMCA wrongly inhibits fair use of digital material by giving publishers a false right to control access to their digital material.
	www.petitiononline.com /nixdmca/petition.html (898 words)

	EFF: DMCA Archive (Site not responding. Last check: 2007-10-22)
		EFF's expressed opposition to the anti-circumvention regulations of the Digital Millennium Copyright Act which seems to be a backdoor attempt to outlaw encryption research and hence encryption.
		When presented with the House-passed version of the DMCA, the Senate replaced it ("amended in nature of a substitute", as they say in Congress) the bill with their own version.
		This is the first version of the DMCA per se, replacing in committee the earlier H.R. 2281, known as the WIPO Copyright Treaty Implementation Act.
	www.eff.org /IP/DMCA (1245 words)

	How the DMCA Affects Us (Site not responding. Last check: 2007-10-22)
		As a law dealing primarily with crimes related to thought and speech, the DMCA is probably not exciting enough to be covered in the news on your living room television set any time soon.
		The DMCA affects everyone because it gives corporate publishers absolute control over what we are allowed to do with the literature and music that they publish.
		Whether the DMCA will be struck down as being unconstitutional remains to be seen, but there is considerable resistance among House and Senate leaders to do anything about this law because of the large amounts of "soft money" donations coming from the music, movie, and publishing industry lobbyists.
	www.cryogenius.com /dmca.htm (513 words)

	Digital Millennium Copyright Act - a Whatis.com definition - see also: DMCA, Super DMCA
		The intent behind DMCA was to create an updated version of copyright laws to deal with the special challenges of regulating digital material.
		Broadly, the aim of DMCA is to protect the rights of both copyright owners and consumers.
		Drafted by a collaborative effort of publishers, scientists, civil rights groups and others, DMCA is considered a compromise measure by many of these groups, whose interests frequently conflict.
	searchcio.techtarget.com /sDefinition/0,,sid19_gci904632,00.html (340 words)

	Stanford Copyright & Fair Use - Digital Millennium Copyright Act (DMCA)
		Proceedings conducted by The Copyright Office of the Library of Congress and mandated by the DMCA, which provides that the Librarian of Congress may exempt certain classes of works from the prohibition against circumvention of technological measures that control access to copyrighted works.
		DMCA Section 104 Report on "First Sale" Examination of the Copyright Office and the National Telecommunications and Information Administration (NTIA) report to Congress on the effects on the "first sale doctrine" of the DMCA and the development of electronic commerce.
		DMCA Status and Analysis from the Association of Research Libraries (ARL)
	fairuse.stanford.edu /primary_materials/legislation/dmca.html (465 words)

	DMCA and other copyright information - Old Dominion University
		If a University employee or student receives a notice or allegation of copyright infringement, h/she is to send the notice to the University's designated DMCA agent.
		To report a claim of infringment, the DMCA requires that a claim of copyright infringment sent to our DMCA agent provide certain information.
		On receipt of an acceptably complete claim of infringement, the DMCA requires that the DMCA agent direct the prompt removal of the material or removal of all local or wide-area network access to the material or activity claimed to be infringing.
	www.odu.edu /home/secondary/dmca.html (245 words)

	Wired News: DMCA: Ma Bell Would Be Proud
		Just as naysayers predicted when it was enacted, the DMCA's anticompetitive impact is reverberating widely beyond the entertainment and software industries, with potentially devastating effects on consumers.
		While the DMCA theoretically has an exception that permits limited reverse-engineering for the sake of compatibility, in practice its broad anticircumvention prohibitions have created a litigation third rail too dangerous for most would-be competitors to touch.
		In effect, the DMCA has become the magic key -- not to opening the doors of competition, but rather to keeping them tightly locked shut.
	wired.com /news/politics/0,1283,57268,00.html (933 words)

	LWN: The two-edged nature of the DMCA
		But the use of laws like the DMCA to prevent legitimate activities is wrong, no matter who the victim is. Every one of these actions makes us all a little less free.
		The DMCA has no merit, but neither does Adobe's suit, since it is too narrow a precedent to be useful to anyone else.
		Anytime that someone notices a program is in violation of the DMCA and is produced by a mega-corp that supported the DMCA it should be pointed out to the people that can pursue it - or at least their lawyers.
	lwn.net /Articles/9158 (1743 words)

	DMCA
		If the service provider satisfies the above requirements of the DMCA and receives a proper notice of infringing material, the service provider must expeditiously remove or disable access to the material that is claimed to be infringing or to be the subject of infringing activity.
		If you are involved as a prospective sender of either notice or a counter-notice or an actual recipient of either a notice or a counter-notice, you should review Section 512 of the DMCA and make sure that you follow the procedures and satisfy the deadlines set forth therein.
		Most copyright lawyers will charge you a substantial amount to research the DMCA and to prepare the documents required to be given to your subscriber and to the copyright owner.
	www.keytlaw.com /Copyrights/dmca.htm (1774 words)

	Results for 'DMCA'
		DMCA is a response to industries under siege from the likes of Napster, MP3...
		DMCA, and legalize circumvention except when there is an intent to infringe.
		DMCA) and, in a pair of position statements, to urge the U.S. Congress to clarify some of the law's provisions.
	odysseus.ieee.org /ieeesearch/query.html?qt=DMCA (1157 words)

	PCWorld.com - Verdict Delivers Blow to the DMCA
		The firm faced four charges of violating the DMCA by selling a product it developed called Adobe EBook Processor.
		The case is seen as a pivotal one in the battle between content producers and the technology industry, as it was the first to test the DMCA in a criminal court.
		As Cox explained it, the government would have had a better shot at a guilty verdict if it had to prove only that ElcomSoft's intent was to defeat the copyright protection technology.
	www.pcworld.com /news/article/0,aid,108040,00.asp (731 words)

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