1. Digital Millennium Copyright Act (DMCA) Cases Claire Stewart MM450 February 16, 2006

2. Universal City v Reimerdes What were the circumstances? What did the appeals court decide? What provisions of the DMCA are involved? What was 2600 being sued for?

3. “DVD Jon” Prosecuted in Norway for hacking (2002, age 19) Acquitted on all charges in 2003, acquittal upheld in ‘04 Has since continued his work and has decrypted Microsoft’s Windows Media Player, iTunes DRM, reported to be working on the next generation DVD encryption

4. arguments: CSS is not “effective” because it was so easily broken Code and linking to code are protected speech DeCSS facilitates fair use Copyright owners give implicit consent to decrypt when they sell DVDs DMCA unconstitutional because it allows perpetual protection (perpetual protection = perpetual copyright)

5. Judge replies Free speech: yes, code can be protected as expression, but the functional element is problematic This is not an actual fair use case Constitutional claims are improperly introduced by 2600

6. From decision in circuit court: “Defendants, however, are not here sued for copyright infringement. They are sued for offering and providing technology designed to circumvent technological measures that control access to copyrighted works” UNIVERSAL CITY STUDIOS v Shawn C. REIMERDES, 111 F.Supp.2d 294, S.D.N.Y. http://cyber.law.harvard.edu/openlaw/DVD/NY/trial/op.html#321

8. Other DMCA cases Question: what were the objections raised –By Lexmark cartridges case? –Against Skylink in the Chamberlain case? Do you think Congress intended the DMCA to be used in these cases? Why or why not?

9. Lawrence Lessig: previously unregulated uses Presentation at Northwestern University, April 24, 2003. Full recording: http://www.oyez.org/creativecommons

10. Adobe ebooks, Dimitri Sklyarov Arrested in Las Vegas July 16, 2001, held until August 6, 2001 Charged with four counts of circumvention offenses, one charge of conspiracy December 2002: not guilty on all charges http://www.unc.edu/~unclng/Copy-corner53.htm

11. Other developments Broadcast flag, FCC regulation, struck down Satellite radio protections proposed Digital Media Consumers’ Rights Act Microsoft’s secure operating system Next generation DVDs (HDDVD/BluRay)

12. Final quote from Universal: “Indeed, as many have pointed out, technological means of controlling access to works create a risk, depending upon future technological and commercial developments, of limiting access to works that are not protected by copyright such as works upon which copyright has expired.” UNIVERSAL CITY STUDIOS v Shawn C. REIMERDES, 111 F.Supp.2d 294, S.D.N.Y. http://cyber.law.harvard.edu/openlaw/DVD/NY/trial/op.html#321