| > There are ways, but unfortunately all of them run afoul of the spirit of DMCA. This is not true. There is federal circuit precedent which invalidates the DMCA for exactly those cases Chamberlain v. Skylink, final court of appeals for the federal circuit opinion, page 39: "Underlying Chamberlain’s argument on appeal that it has not granted such authorization lies the necessary assumption that Chamberlain is entitled to prohibit legitimate purchasers of its embedded software from “accessing” the software by using it. Such an entitlement,
however, would go far beyond the idea that the DMCA allows copyright owner to prohibit “fair uses . . . as well as foul.” Reimerdes, 111 F. Supp. 2d at 304. Chamberlain’s proposed
construction would allow
copyright owners to prohibit exclusively fair uses even in the absence of any feared foul use. It would therefore allow any copyright owner, through a
combination of contractual terms
and technological measures, to repeal the fair use doctrine with respect to an individual
copyrighted work—or even
selected copies of that copyrighted work. Again, this implication contradicts § 1201(c)(1) directly. Copyright law itself authorizes the public to make certain uses of copyrighted materials.
Consumers who purchase a product containing a copy of embedded software have the inherent legal right to use that copy of the software. What the law authorizes, Chamberlain cannot revoke." |