Question

The Digital Millennium Copyright Act: a. makes it a criminal offense to create programs to circumvent encoded copyrighted materials. b. does not impose liability on those who provide Internet access to employees. c. does not impose liability for circumvention of encoding of copyrighted materials for personal use. d. both b and c e. none of the above

Answer 1

Liability under DMCA:

-Key is circumvention or marketing of a prohibited device, not whether the circumventing act resulted in copyright infringement.

-Violations of the anti-circumvention provisions are NOT copyright infr

Cases when Circumvention is Allowed :

1) Computer programs and video games distributed in obsolete formats (converting floppy to CD so it's useable)

2) For the purpose or preservation of archival reproduction by a library or archive

3) Computer programs protected by damaged and obsolete access control mechanisms (aka dongles)

4) Literary works in e-book formats in order to enable the use of read aloud programs and screen readers for the blind and disabled

5) Computer program in cell phones for sole purposes of lawfully connecting to wireless telephone communications network

6) Sound recordings and AV works on CDs that contain access control measures that create or exploit security flaws on PCs for the sole purpose of investigating, testing, or correcting such flaws