17 Facts About DMCA


The DMCA as passed contained some basic fair use allowance such as for limited reverse engineering and for security research.

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Rapid7 notice that DMCA adversely affects good faith security research by forbidding researchers from circumventing technological protection measures to analyze software for vulnerabilities.

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Anti-circumvention provisions in Section 1201 of the DMCA have seen some challenges in the courts but which have generally been upheld.

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Elcom argued in court that as written, the DMCA was unconstitutionally too vague and would allow for circumvention of use controls for purposes of fair use, and that it violated the First Amendment by placed too much burden on those seeking to use protected works for fair use.

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The courts ruled the DMCA did not create a new property right, and thus consumers that owned Chamberlain's product had a right to circumvent any restrictions, since this was typical practice on the market and customers, in purchasing a Chamberlain garage door opener, did not sign off to any end user license agreement to waive away those rights.

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The Sixth Circuit affirmed that while Lexmark's programs to manage the lockout were copyrightable and thus would be eligible for protections under the DMCA, they had failed to include an anti-circumvention device that "effectively controls access" to the printer lockout program.

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The DVD Copy Control Association claimed that Real violated the DMCA by circumventing anti-piracy measures ARccOS Protection and RipGuard, as well as breaking Real's licensing agreement with the Content Scrambling System.

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Court has granted the Veoh's motion for summary judgment, on the basis of the DMCA, holding that the defendant's video-sharing web site complied and was entitled to the protection of the statute's "safe harbor" provision.

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WordPress and Hotham sued in a federal District Court in California, under §512 of the DMCA, claiming that the takedown notice was fraudulent, and that the takedown cost the plaintiffs time, lost work and attorneys' fees.

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Second, the DMCA has often been invoked overbearingly, favoring larger copyright holders over smaller ones.

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Use of DMCA-enabled takedown notices has been raised for a number of services that allow users to provide content.

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DMCA has been criticized for forcing all producers of analog video equipment to support the proprietary copy protection technology of Rovi Corporation, a commercial firm.

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DMCA has affected the worldwide cryptography research community, since an argument can be made that any cryptanalytic research violates, or might violate, the DMCA.

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The arrest of Russian programmer Dmitry Sklyarov in 2001, for alleged infringement of the DMCA, was a highly publicized example of the law's use to prevent or penalize development of anti-DRM measures.

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Paradoxically, under the DMCA, it is not legal in the United States to provide such a tool.

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Jonathan Bailey of Plagiarism Today argued that the DMCA has left Kindle Direct Publishing with no incentive to find new innovations for vetting submitted books for plagiarism or copyright theft before allowing them to be published.

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Prominent bill related to the DMCA is the Consumer Broadband and Digital Television Promotion Act, known in early drafts as the Security Systems and Standards Certification Act .

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