EFF Lawsuit Takes on DMCA Section 1201: Research and Technology Restrictions Violate the First Amendment

Post Syndicated from jake original http://lwn.net/Articles/695118/rss

The Electronic Frontier Foundation (EFF) has announced that it is suing the US government over provisions in the Digital Millennium Copyright Act (DMCA). The suit has been filed on behalf of Andrew “bunnie” Huang, who has a blog post describing the reasons behind the suit. The EFF also explained why these DMCA provisions should be ruled unconstitutional:
These provisions—contained in Section 1201 of the DMCA—make it unlawful for people to get around the software that restricts access to lawfully-purchased copyrighted material, such as films, songs, and the computer code that controls vehicles, devices, and appliances. This ban applies even where people want to make noninfringing fair uses of the materials they are accessing.

Ostensibly enacted to fight music and movie piracy, Section 1201 has long served to restrict people’s ability to access, use, and even speak out about copyrighted materials—including the software that is increasingly embedded in everyday things. The law imposes a legal cloud over our rights to tinker with or repair the devices we own, to convert videos so that they can play on multiple platforms, remix a video, or conduct independent security research that would reveal dangerous security flaws in our computers, cars, and medical devices. It criminalizes the creation of tools to let people access and use those materials.”