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EFF declares anti-piracy DMCA unconstitutional in new legal showdown

veti Silver badge

I am so, so glad that someone coherent has finally stood up and said exactly what is wrong with DRM in general, and the DMCA in particular.

I made this point to the NZ parliament, almost ten years ago now, and it got translated into a clause that specifically excludes legal protection for measures that overstep their bounds:

for the avoidance of doubt, does not include a process, treatment, mechanism, device, or system to the extent that, in the normal course of operation, it only controls any access to a work for non-infringing purposes (for example, it does not include a process, treatment, mechanism, device, or system to the extent that it controls geographic market segmentation by preventing the playback in New Zealand of a non-infringing copy of a work)

... which is a legal formulation I'd like to commend to our American cousins.

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