Copy protection

Tim Schmidt timschmidt at gmail.com
Mon Oct 2 11:56:26 CDT 2006


On 10/2/06, Marcus Meissner <marcus at jet.franken.de> wrote:
> We can't, this kind of circumvention is likely to be illegal in the US.

The relevant portion of the DMCA reads as follows:
(http://thomas.loc.gov/cgi-bin/query/F?c105:6:./temp/~c105bzNC4v:e11559:)

       `(2) No person shall manufacture, import, offer to the public,
provide, or otherwise traffic in any technology, product, service,
device, component, or part thereof, that--

            `(A) is primarily designed or produced for the purpose of
circumventing a technological measure that effectively controls access
to a work protected under this title;

            `(B) has only limited commercially significant purpose or
use other than to circumvent a technological measure that effectively
controls access to a work protected under this title; or

            `(C) is marketed by that person or another acting in
concert with that person with that person's knowledge for use in
circumventing a technological measure that effectively controls access
to a work protected under this title.

I believe we don't match A, B, or C.  Further,

       `(f) REVERSE ENGINEERING- (1) Notwithstanding the provisions of
subsection (a)(1)(A), a person who has lawfully obtained the right to
use a copy of a computer program may circumvent a technological
measure that effectively controls access to a particular portion of
that program for the sole purpose of identifying and analyzing those
elements of the program that are necessary to achieve interoperability
of an independently created computer program with other programs, and
that have not previously been readily available to the person engaging
in the circumvention, to the extent any such acts of identification
and analysis do not constitute infringement under this title.

      `(2) Notwithstanding the provisions of subsections (a)(2) and
(b), a person may develop and employ technological means to circumvent
a technological measure, or to circumvent protection afforded by a
technological measure, in order to enable the identification and
analysis under paragraph (1), or for the purpose of enabling
interoperability of an independently created computer program with
other programs, if such means are necessary to achieve such
interoperability, to the extent that doing so does not constitute
infringement under this title.

      `(3) The information acquired through the acts permitted under
paragraph (1), and the means permitted under paragraph (2), may be
made available to others if the person referred to in paragraph (1) or
(2), as the case may be, provides such information or means solely for
the purpose of enabling interoperability of an independently created
computer program with other programs, and to the extent that doing so
does not constitute infringement under this title or violate
applicable law other than this section.

Appears to grant specific permission for the kinds of work the Wine
devs need to do.

--tim



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