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Topics Page
 - DMCA

Study Guide

1. Overview

   On October 12, 1998, the U.S. Congress passed the Digital Millennium Copyright Act giving content owners a powerful new tool in the protection of copyrights and intellectual property existing on the internet. A major part of the act makes the circumvention of anti-piracy measures an illegal act. The DMCA also addresses Internet Service Providers, stating that an ISP is not responsible for data sent through them but is responsible for data stored on their severs. Some recent victims of the act include:

   • Napster
   • Libraries

   Ethical Issues:

   • The rights of the end-user vs. the rights of the copyright holder.
   • When is it ok to circumvent copy protections?
   • Is a library considered an ISP (Internet Service Provider)?
   • What constitutes fair-use?
   • How much of a work can you copy or distribute without violating the DMCA?

   The DMCA has been long awaited by the entertainment industries:

   • Motion Picture Association of America
   • Recording Industry of America
   • Software Information Industry Association

   The DMCA has not been welcomed by all, even though it protects copyrighted intellectual property. It has caused some unexpected opposition:

   • Big companies use DMCA to enforce commercial censorship.
   • Limits distance education
     
     
     • Was new Copyright law needed?
     • Does the DMCA violate any fair use rights?
     • Should the ISPs be held responsible for the data sent though them?
     • Which is more important: free speech or copyright law?
     • Do the benefits of the DMCA outweigh the abuses?

   
   

2. Study of Cases in Point

   • Apple iPod/iTunes

     The Apple iPod has exploded in popularity as a portable entertainment device. Initially, it was only a music player, but has expanded now to include video as well. One of the biggest controversies over the new video iPods concerns the right of end-users to copy their DVD's to the iPod. Many people and consumer groups consider this to be a right guaranteed by fair-use laws, but Apple has been prevented by law (i.e. the DMCA) from including any DVD capabilities in it's iPod software, iTunes. That being said, Apple has also used the DMCA in order to promote it's monopoly over the iPod/iTunes market.

     • Can video iPod lead to DMCA reform?
     • Interoperability of digital content has been a huge issue as a result of DMCA legislation.

   • DeCSS

     DVDs have become the new standard in video distribution. Most commercial DVDs have a security feature built in so that only DVD players that pay a licensing fee can play them.  The feature is called CSS (Content Scrambling System).  DeCSS is a program that was written that decodes a DVD without a license.  This program would allow for people to view DVDs on Linux computers and would also allow people to store DVDs to their hard drive.  The MPAA has sued the people involved with DeCSS stating that is a violation of the DMCA.

     • Does the DeCSS program constitute a program that is designed to defeat anti-piracy measures or just another DVD player?
     • Should people who link to the source for DeCSS be held liable for breaking the DMCA also?
     • Should reverse engineering a copyright system illegal?