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Friday, Jan 17, 2003

law schooled

"Does the DMCA “alter the traditional contours of copyright protection”? Yes, it does, in two respects. First, it creates a new property right that allows copyright owners to do an end run around fair use, effectively shrinking the public domain. Second, it extends that property right to prohibit the use and dissemination of technologies that would protect fair use and vindicate fair use rights. Congress has exceeded the traditional boundaries of copyright protection, superimposing a new form of intellectual property protection that undermines the “built-in free speech safeguards” crucial to the holding in Eldred. Hence, under the logic of Eldred, the DMCA is constitutionally suspect."