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Digital Millennium Copyright Act (DMCA) The Digital Millennium Copyright Act is a United States copyright law that was signed into law by Bill Clinton.

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Presentation on theme: "Digital Millennium Copyright Act (DMCA) The Digital Millennium Copyright Act is a United States copyright law that was signed into law by Bill Clinton."— Presentation transcript:

1 Digital Millennium Copyright Act (DMCA) The Digital Millennium Copyright Act is a United States copyright law that was signed into law by Bill Clinton on Oct 28, 1998. It criminalizes the production and distribution of technology, devices, and services that override the control access (DRM) to copyrighted works. DRM, or Digital Rights Management, restrict the usage of copyrighted software, hardware, or content with the intent of preventing piracy/theft. The DMCA also heightened the penalties for copyright infringement on the internet. It also included a provision called “safe harbor” that provided more leniency towards online service providers against copyright infringement. To remove liability, the OSP’s must take down any content that is infringing copyright once they receive a notice from the copyright holder. This policy is enforced as a copyright law. This means that If someone violates the rights of a copyright owner, the owner is entitled to file a lawsuit in federal court. In court, the accuser can issue order to prevent future violations and award monetary damages if appropriate. These are examples of court cases involving the DMCA to show how it has been used in action. Viacom Inc. v. Youtube, Google Inc. – In 2007 Viacom filed a lawsuit against Youtube and it’s corporate parent, Google, for copyright infringement seeking more than 1 billion dollars in damages. Viacom claimed Youtube was intentionally displaying over 160,000 unauthorized clips. Youtube was removed of liability from the safe harbor provision protecting OSP’s, with the judge stating that “general knowledge” of users posting copyrighted material is not enough to find fault. Sony v. George Hotz – In 2011 Sony sued George Hotz claiming he violated the DMCA by helping people jailbreak their Playstation 3 consoles. Hotz argued that because he purchased and owned the product, he had the right to do what he pleased with it. They settled out of court with Hotz legally promising to never mess with any Sony products ever again. The rest of the agreement is still confidential. Proponents of the DMCA argue that it is necessary to prevent intellectual property from being copied freely, just as locks are used to protect tangible property. Having controlled access like the DRM helps to protect artistic integrity and their potential profit to keep content creators invested in making new content. The rise of the internet has made piracy and copying a serious issue for content providers, removing profits from larger groups, and preventing smaller ones from staying afloat. Using DRM does not prevent use of the product, it is a countermeasure to ensure that only the user who purchased the product is able to use it. Opponents of the DMCA argue that there is no evidence that DRM helps to prevent copyright infringement, saying that it only inconveniences legitimate customers. The restrictions on it are too encompassing preventing users from being able to use the product on multiple devices, or make back-up copies for security. Similarly, the customer can lose access to the product entirely if the DRM scheme changes, the service is discontinued, or if they move to a country with restricted access. It also encourages anti-competitive behavior in leading companies by preventing other companies from making products that are compatible with their model. This means that once a company has gained dominance in a market, it is very difficult for new businesses to emerge in that market.

2 REFERENCES http://www.copyright.gov/legislation/dmca.pdf http://www.engadget.com/2011/04/11/sony-and-playstation-3-jailbreaker-george-hotz-settle-out-of- cou/ http://www.engadget.com/2011/04/11/sony-and-playstation-3-jailbreaker-george-hotz-settle-out-of- cou/ https://www.eff.org/cases/viacom-v-youtube http://cs.stanford.edu/people/eroberts/cs201/projects/dvd-copying/dvdilya.htm http://fairuse.stanford.edu/overview/faqs/registration-and-enforcement/


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