DMCA Real World
The DMCA (Digital Millennium Copyright Act) is a piece of legislature that is trotted out whenever someone wants to claim their property rights have been infringed upon. It specifically forbids the use of tools to circumvent digital protection (usually referred to as Digital Rights Management or DRM).
For example, if you buy a new Disney DVD for your family, you know the little tykes are going to be watching that DVD over and over again in the play room, at their friends house, and in the car. You also know it’s likely that DVD will get damaged. So, why not make a backup copy? Nope. You are not allowed. Even though backups are considered part of Fair Use, you can’t circumvent protection to backup that DVD without crossing the DMCA.
Did you just buy a new music CD from Best Buy? Want to listen to it on your MP3 player? Tough noodles. You aren’t allowed to do that if the CD has any security on it – and they all do. Instead, you are expected to buy the digital version.
Fun little circle there isn’t it? Fair Use says it’s okay to make backups, but DMCA says it’s not okay to bypass DRM in order to make that backup. Lets use a visual approach to show just how this all works out.
Follow this slideshow from Wellington Grey.
So what it really boils down to is that DMCA is a way to force you to purchase more than one copy of an item you’ve paid the rights on. Luckily people like the EFF (Electronic Frontier Foundation) and others are pushing back against some of these “protections”.
Some companies are listening to consumers and removing DRM from their releases. AmazonMP3 and iTunes Plus are both offering DRM free downloads of music provided by EMI, Universal, and a few other independent recording companies. I wouldn’t hold your breath for the Disney DVDs though — Disney is one of the strongest proponents of DRM and copyright protection.
I know I only touched on the highlights here but the links above should provide you with much more information if you are interested in finding out more about how companies are using copyright rules to increase their profits.
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