How does the DMCA affect the first sale doctrine?
First Sale is an important protection for the public in copyright law. The first sale doctrine permits individuals who buy products containing copyrighted information to choose whether to sell, share, rent or simply give them away. As more information migrates toward digital storage and distribution, copyright owners prefer licensing, rather than selling, copyrighted material. These licensed products often contain technical protection measures that control access and copying. The concern is that the trends toward digital distribution, licensing, and technical locks, coupled with the prohibitions of the DMCA will undermine the protections for the public found in the first sale doctrine.
