Copy Fights: The Future of Intellectual Property in the Information Age

By Adam Thierer; Wayne Crews | Go to book overview

8
How Copyright Became Controversial
Drew Clark

How did copyright become controversial? In a phrase, the Digital Millennium Copyright Act (DMCA). Although many of the legal controversies that have swirled since its October 1998 passage trace their roots to other elements of copyright law, the DMCA created a new feature in copyright law that has crystallized why so many academics, librarians, computer users, and technology entrepreneurs object to what they regard as the overreaching nature of copyright law. That signal feature is the ban on the cracking of encryption codes used by content owners to restrict access to digital works on which they hold copyrights.

Now encoded in Section 1201 of the Copyright Act, the statute reads: “No person shall circumvent a technological measure that effectively controls access to a work protected under this title” (17 U.S.C. 1201(a)(1)(A)). The definitions of those terms are broad enough to bar almost all unauthorized decryption of content. Subsequent language in the section also prohibits the manufacture, release, or sale of products, services, and devices that can crack encryption designed to thwart either access to or copying of material unauthorized by the copyright holder.

In other words, for the first time in history, it isn't the copyright violation that is the crime. It is the creation of the technological tools to violate copyright that has become the crime.

The law germinated from a 1995 white paper drafted by Bruce Lehman, the first patent office chief and intellectual property guru in the Clinton administration. Heavily supported by copyright holders, the key rationale behind the white paper was that content owners would be unwilling to put their content in digital form were it not for new laws against those who defeat the digital locks they place on their products. The anti-circumvention concept gained momentum in 1996 when it was endorsed in a World Intellectual Property Organization Copyright Treaty. It was subsequently adopted as

-147-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
Copy Fights: The Future of Intellectual Property in the Information Age
Table of contents
Settings

Settings

Typeface
Text size Smaller Larger
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Full screen
/ 295

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.