This is the most important primary document relevant to my study. This is the portion of the Digital Millenium Copyright Act that pertains to provisions to prohibit the circumvention of technologies that effectively control access to a copyrighted work. It is Section 1201 in Title 17 of the United States Code. This is the legislation that has been referenced in some way or another in all of my sources, thus it is suitable to include it in my bibliography. A truly academic study of the adverse effects of the DMCA's anti-circumvention provisions would be incomplete without a scrupulous reading of the legislation itself.
The portions of the legislation that concern me the most are those that have the greatest endogenous effect on the economy, as well as those that misinterpret their economic utility. For example part c section iv allows the triennial board to consider granting exemptions if the non-infringing use is shown to have negligible effects on the potential market value for the work. This is one of several factors that is set up to be judged arbitrarily by an unspecified potentially unqualified board at a period of time that is quite too long between evaluations. In the booming tech industry, market values change every week, needing consideration in periods of time much more regular than every three years.
While writing my paper, I plan to supplement my reading of scholarly analysis of the DCMA with my own original analysis of the regulation. Much of the legislation is explicitly anti-competitive, and seems as though it would easily be counteracted with traditional anti-trust legislation passed by the United States Congress and reaffirmed by the judicial system.
tagged anti-circumvention_provision legislation by bradleyc ...on 25-NOV-08


