Wednesday, March 22, 2006

Forthcoming paper on anti-circumvention law

Meanwhile, I just completed a survey of the evolution of anti-circumvention law as it has moved from niche provisions in US laws passed during the late 80s to a global mandate enforced via US trade policy. You might not be too surprised at this part of my conclusions:

Without acceptance by rightholders of the balance that is required in copyright law, it is likely that anti-circumvention laws will be brought into further disrepute, with collateral damage to the public respect shown to copyright law in general. Neither governments nor rightholders should welcome this prospect...

A recognition of the problems of anti-circumvention law as so far implemented would enable courts and legislators to re-balance these provisions to ensure that all stakeholders can participate equitably in the information society of the coming century.

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