Term Paper: Dmca the Digital Millennium Copyright

Pages: 4 (1130 words)  ·  Bibliography Sources: 1+  ·  Level: College Senior  ·  Topic: Engineering  ·  Buy This Paper

SAMPLE EXCERPT:

[. . .] Many of the country's most prominent computer scientists and technologists tried to prevent the passage of the DMCA by signing a letter to the United States Congress warning that the DMCA would "imperil computer systems and networks throughout the United States, criminalize many current university courses . . . And severely disrupt a growing American industry in information security technology."

Specifically, critics charge that the act makes it illegal to circumvent protection schemes, even if the end-use purpose is legal. This means that a company could violate the DMCA provisions by performing full system backups with images that include anti-piracy-protected software. Others are concerned with the ramifications of making it illegal to traffic in tools that can circumvent protections. As a result, some developers of some security products have pulled their products from the market. One example is a company called LaBrea that sold a tool to trap worms by disguising its destination Web address. LaBrea decided to remove the application for fear that he would be charged with a crime. The DMCA has also been used by some companies to attempt to establish a monopoly. Lexmark, for example, charged makers of third-party ink cartridges with violating the DMCA when they made their cartridges compatible with a chip that Lexmark uses, arguing that the ink-cartridge makers broke copy protection to achieve compatibility.

Because of the DMCA's deficiencies, changes are in order. The Digital Media Consumers' Rights Act (DMCRA) of 2003 was introduced to amend the DMCA. The bill would make it legal to circumvent protections for the purpose of exercising fair-use rights. In other words, an organization would be able to legally back up, transfer and time-shift digital content for their own legitimate use. The DMCRA would also make it legal to produce products that could be used to circumvent protections but whose stated and main purpose was legal.

In summary, the DMCA is an attempt to regulate a new form of intellectual property, digital material. The intent was good, but in dealing with this new area is has had unanticipated negative results on innovation and the rights of the users of the digital material. Therefore, legislation such as the DMCRA is needed to help companies do their job, to protect the rights to use products they have purchased and to encourage competition.

Bibliography

'Digital Millennium Copyright Act." TechTarget. 27 Oct. 2004. .

Rapoza, Jim. "Fair (Use) Is Fair." eWeek 24 May 2004. 27 Oct. 2004. .

"Reverse Engineering." Chilling Effects. 27 Oct. 2004. .

"The Digital Millennium Copyright Act." The UCLA Online Institute for Cyberspace Law and Policy. 27 Oct. 2004. .

"Digital Millennium Copyright Act." TechTarget. 27 Oct. 2004. .

"The Digital Millennium Copyright Act." The UCLA Online Institute for Cyberspace Law and Policy. 27 Oct. 2004. .

"Reverse Engineering." Chilling Effects. 27 Oct. 2004. .

"Reverse Engineering." Chilling Effects. 27 Oct. 2004. .

"Digital Millennium Copyright Act." TechTarget. 27 Oct. 2004. .

Rapoza, Jim. "Fair (Use) Is Fair." eWeek 24 May 2004. 27 Oct. 2004. .

Rapoza, Jim. "Fair (Use) Is Fair." eWeek 24 May 2004. 27 Oct. 2004. . [END OF PREVIEW]

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Dmca the Digital Millennium Copyright.  (2004, October 27).  Retrieved November 14, 2019, from https://www.essaytown.com/subjects/paper/dmca-digital-millennium-copyright/97749

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"Dmca the Digital Millennium Copyright."  27 October 2004.  Web.  14 November 2019. <https://www.essaytown.com/subjects/paper/dmca-digital-millennium-copyright/97749>.

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"Dmca the Digital Millennium Copyright."  Essaytown.com.  October 27, 2004.  Accessed November 14, 2019.
https://www.essaytown.com/subjects/paper/dmca-digital-millennium-copyright/97749.