The court's analysis effectively opens up the door to an alternative judicial approach of anti-circumvention construction - the fair access doctrine. In light of the legislature's bewilderedness as to if and how to modify the flawed access control provisions of the DMCA, Its development in the course of future disputes could furnish an effective shield for defendants in circumstances of unjustified application of the anticircumvention rules.
Friday, September 08, 2006
Towards a Doctrine of 'Fair Access' in Copyright
Am sat in the middle of an interesting discussion on anti-circumvention law at the World Law Congress in Edinburgh. More on that shortly, but I just came across a new article on the thorny question of reconciling TPMs with copyright exceptions: