According to this story from Wired magazine , it hasn't taken long for the premonitions of CDFreaks readers to become a reality. Due to the recent events in the news concerning the copyright protection research performed by Princeton graduate student Halderman. Foes of the Digital Millenium Copyright Act (DMCA) are stirred up again, saying it is time for a change.
Their argument is, it's the absurdity of the unforeseen consequences of the DMCA, as in Halderman's case, that necessitates a change in the law. The DMCA goes too far and sends a chilling effect through the academic community.
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Von Lohmann said researchers have a right to publish what they learn and that the free exchange of ideas is critical. "I think this really underscores the importance of DMCA reform," he said, adding that this type of situation is what Rep. Rick Boucher (D-Virginia) hopes to address with the Digital Media Consumers' Rights Act of 2003 (HR107). Boucher's bill would permit circumvention for fair-use purposes, including scientific research. He submitted the bill in January. "First of all, the mere fact that the company would threaten to sue underscores more than ever the urgent need for the passage of my bill," Boucher said. "It would not be a violation of federal law to circumvent a technological protection measure if the purpose of the circumvention is itself lawful. "This is a classic fair-use right protected under the copyright act, but it is a right that is extinguishable under the DMCA," he said. "I anticipate in the not-too-distant future we will be successful in changing the law." |
From the EFF home page: "What more proof do you need that the DMCA is chilling legitimate research?" asked EFF senior staff attorney Fred von Lohmann. "In America today, scientists shouldn't have to fear legal action for publishing the truth. Based on the apparent weakness of its technology, perhaps SunnComm should be hiring more Princeton computer scientists, instead of threatening to sue them."
For a compilation of other examples involving the use of the Digital Millennium Copyright Act (DMCA) to discourage legitimate research, see EFF's recently revised report, "Unintended Consequences: Five Years Under the DMCA".
I guess every cloud does have a silver lining....way to go SunnComm.
Source: wired.com
