What is the Digital Millennium Copyright Act (DMCA) and how does it apply to DVDs?
The Act strengthens the protection of copyrighted materials in digital formats, such as motion pictures on DVDs, by outlawing the manufacture, importation or distribution of devices, programs or services that circumvent technical protection measures that restrict access to or prevent infringement [copying] of copyrighted works. Thus, it prohibits anyone from distributing a software utility designed to circumvent the CSS technology used to protect DVD software. The key part of this quote are the words “circumvent technical protection measures that restrict access to or prevent infringement [copying] of copyrighted works.” I am not a lawyer, so I don’t know if this is really true about the DMCA. However, I do know that they were very careful to include the phrase, “restrict access to” in their little explanation about the DMCA. Now, what does restricting access have to do with restricting copy? Putting aside the fact that you have the right to archive disks you’ve purchased (i.e. make co
The Digital Millennium Copyright Act was passed by Congress on October 12, 1998, and signed into law two weeks later by President Clinton. The DMCA is designed to implement World Intellectual Property Organization (WIPO) treaties signed in December 1996 in Geneva. The Act strengthens the protection of copyrighted materials in digital formats, such as motion pictures on DVDs, by outlawing the manufacture, importation or distribution of devices, programs or services that circumvent technical protection measures that restrict access to or prevent infringement [copying] of copyrighted works. Thus, it prohibits anyone from distributing a software utility designed to circumvent the CSS technology used to protect DVD software. These provisions of the DMCA formed the basis of the motion picture industry’s successful lawsuit seeking an injunction against three Internet websites in New York that were posting the DeCSS utility for download by visitors to these sites. DeCSS fits the definition of
