Should researchers really be so worried about the much-reviled Digital Millennium Copyright Act?

By Declan McCullagh 

------ Forwarded Message
From: "Joseph C. Pistritto" <jcp@xxxxxxxxxxx>
Date: Mon, 19 Aug 2002 12:50:26 -0700
To: dave@xxxxxxxxxx
Subject: (DMCA related) - As usual, Declan is onto something...

with this article:

WASHINGTON--Should researchers really be so worried about the much-reviled Digital Millennium Copyright Act? 
...

http://news.com.com/2010-12-950229.html?tag=fd_nc_1


If you believe the buzz, you'll conclude that programmers, academics and engineers should be scared witless about being sued under the DMCA. In effect for nearly two years, the law sets protections for the codes that are wrapped around certain copyrighted content such as DVDs and electronic books. 

An attorney for the Computing Research Association, representing the computer science departments of some 200 universities, claims that "professors are afraid to study information systems or to publish their research." One researcher in the Netherlands announced that, because of the DMCA, he would not reveal his analysis of Intel's digital video system. Edward Felten, a computer scientist at Princeton University, and his colleagues postponed a presentation of their co-authored paper for four months after receiving DMCA threats. 


Because some of his co-authors' employers nixed the presentation, Felten's delay is understandable. However, the fears of legal action may not all be justified. 

Don't get me wrong. The DMCA is both an egregious law and a brazen power grab by Hollywood, the music industry and software companies. It is probably unconstitutional. It creates unnecessary federal crimes, cedes too much authority to copyright holders, and should be unceremoniously tossed out by the courts. (As a bonus, perhaps we could horsewhip its many fans in Congress.) 

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