posted Jul 18, 2001

Case highlights law's threat to fair-use rights DMCA7/18/2001; 12:39:49 PM 'The music industry is no longer threatening computer science professor Ed Felten with civil lawsuits for his research into one of the industry's digital copy-protection schemes. He doesn't have the same assurance, however, that the United States government won't launch a criminal prosecution if he proceeds.'That uncertainty grew more pronounced this week when the FBI arrested a visiting Russian computer scientist Monday in Las Vegas, charging him with violating the 1998 Digital Millennium Copyright Act by distributing software that cracked a system for encrypting electronic books. It was one of the first criminal prosecutions under a bad law that was designed to protect copyright owners from unauthorized copying but is having all kinds of other negative effects....'Felten and his colleagues then filed suit, asking a federal judge in New Jersey to specifically allow them to publish -- to allow them their First Amendment rights -- and declare the DMCA unconstitutional. 'But the U.S. Justice Department, also a defendant in the Felten suit, hasn't responded. And after Tuesday's arrest, it's no wonder that Felten -- and programmers and researchers everywhere -- should be feeling considerably more nervous. A federal prosecutor in San Jose told me Tuesday that the law under which was Sklyarov charged wouldn't apply in Felten's case, but why should he take the risk?'

 

Site Links

 

RSS
All Posts

 

Blogroll