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This is a summary of frequently asked questions about the DMCA.  It defines the DMCA, and explains how it affects things like security testing, encryption researchers, and the first sale doctrine among other things.  There are a few questions answered that are important for my paper. 

What is the controversy surrounding the DMCA? With the transition to the digital age, there must also be a shift with the protection for artists and creators of copyrighted works.  Now with the creation of “digital locks” to protect copyrighted materials online, fair use is in danger.  The DMCA makes it illegal to break the “digital locks.”  This undermines the right to fair use of the copyrighted works on the worldwide net.  Exceptions to the DMCA law are very specific and so the activities for most of us are quite limited.  There are various technological protection methods that are already being used on things like DVDs, websites with password protection, etc.  Technology that restricts interaction with a copyrighted material is an access control.  An encryption on a DVD is a perfect example.  The DMCA makes it illegal to circumvent an access control.  A copy control is technology that controls copying of a copyrighted material.  The DMCA says that providing means for others to circumvent copy controls is illegal.  But actually circumventing copy controls is not illegal under the DMCA.  This information about the specifics of the DMCA are important for my paper.  I will need to thoroughly explain all the provisions of the DMCA to discuss specifically why it stifles progress and creativity.

What are the affects the DMCA will have on the general public?  What does the DMCA mean for people like you and me?
The average public is one group missing from the exemptions of the DMCA.  The only exemptions that affect people like me are
a)    Privacy exemption→ technology that is used for collecting personal information
b)    Technology used to block minors from inappropriate websites
The other exemptions include that do not directly affect the general public are for libraries, encryption research, reverse engineering for development of programs, law enforcement, intelligence purposes, education institutions, and security testing.

I plan to discuss the serious implications that this will have on the goals of copyright, to foster creativity and progress. Specifically, how the DMCA goes against the goals of copyright and violate the right to fair use. 

belongs to DMCA annotated bibliography project
tagged anticircumvention_effects dmca by makeda ...and 1 other person ...on 30-NOV-08