[Upd-discuss] Google public domain library?

[Yannick Delbecque]

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On December 17, 2004 08:41 pm, Greg Newby wrote:
> It's pretty clear under the anti-circumvention provisions
> (via DMCA) of Title 17 U.S.C. that bypassing access controls is
> a violation.  The fact that this doesn't allow bypassing
> for essentially anything but cryptographic research means
> that there is an inconsistency with the Fair Use provisions
> elsewhere in Title 17.
>
> My guess is that someone who bypassed access controls (i.e., DRM)
> to access public domain content could still be charged.  But
> my hope is that such a case would eventually find that
> fair use trumps DRM. =20


Here is the begining of Title 17, chapter 12 (my emphasis): =20

Chapter 12 Copyright Protection and Management Systems
=A7 1201. Circumvention of copyright protection systems

(a) Violations Regarding Circumvention of Technological Measures. - (1)(A) =
No=20
person shall circumvent a technological measure that effectively controls=20
access to a work  *protected under this title*. The prohibition contained i=
n=20
the preceding sentence shall take effect at the end of the 2-year period=20
beginning on the date of the enactment of this chapter.

[from http://www.copyright.gov/title17/92chap12.html#1201]

"protected under this title" means copyrighted, if I understand well. Thus=
=20
according to this paragraph the  "technological restrictions" used on a=20
public domain work in electronic form are not supposed to be protected (by=
=20
that law; I don't know about other laws.). Of course, if this law is=20
contracdictory or if jurisprudence says otherwise, judges might interpret=20
this in another way...=20

Yannick Delbecque

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http://delbecque.waglo.com/

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