Does a 1201 violation still matter if copyrights aren being infringed?
Yes. According to the newly rewritten Title 17, there is no need to show or allege an act of copyright infringement in order to claim a violation of 1201 (i.e. “circumvention”). The right to control “access” to a copyrighted work is a novel addition of section 1201, distinct from traditional copyright infringement. If a work is protected by a technological measure, it is a violation of 1201(a)(1) to circumvent that measure even if the circumvention is not to copy or publicly perform the work. Chapter 12 of Title 17 is only concerned with “commercial advantage or private financial gain” for the purpose of determining if violations of section 1201 (or 1202) can be prosecuted as criminal violations. The financial aspect of “circumvention” has no bearing on whether a civil violation has occurred. (see question 1.2.
Yes. According to the newly rewritten Title 17, there is no need to show or allege an act of copyright infringement in order to claim a violation of 1201 (i.e. “circumvention”). The right to control “access” to a copyrighted work is a novel addition of section 1201, distinct from traditional copyright infringement. If a work is protected by a technological measure, it is a violation of 1201(a)(1) to circumvent that measure even if the circumvention is not to copy or publicly perform the work. Chapter 12 of Title 17 is only concerned with “commercial advantage or private financial gain” for the purpose of determining if violations of section 1201 (or 1202) can be prosecuted as criminal violations. The financial aspect of “circumvention” has no bearing on whether a civil violation has occurred.
