This website uses cookies to ensure you have the best experience. Learn more

International Copyright Circumvention Essay

2315 words - 9 pages

International Copyright Circumvention

A little under three years ago, I heard about a case where a programmer had been arrested for a program that bypassed the copy protection mechanisms in one of Adobe's products1. People who have published information on or performed security circumvention in the past, even when done in a non-destructive manner have faced some legal problems. Specifically, it reminded by of the Kevin Mitnick case2 a few years earlier. In that case, a hacker was detained for two years, without bail, pending a trial, for gaining access to (but not damaging) several corporate networks. This new case however had an different twist - the security circumvention was done only to let people access documents that they already had a right to have, and it was done outside the United States. That raises issues regarding the United States having any right to do what they did, and even if they did have the right, was a wrong even committed.

This case is an example of something which a decade earlier would never have even been considered to be illegal. But, it falls into in of the heavily opposed section 12013 of the new Digital Millenium Copyright Act which tries to halt circumvention of anti-piracy measures. There was opposition before the law passed, but it became stronger when the DVD CAA tried to oppress distribution of the DeCSS - code that could bypass the encryption used on DVDs.4

(this was before the Abode case)

The intended purpose of DeCSS was to facilitate the development of an open-source DVD player. There were no DVD players for Linux, BeOS, FreeBSD, or any of the other operating systems that now have DVD players thanks to the DeCSS code. However, if the DVD can be decrypted and decompressed, it can also be re-compressed and re-distributed in another medium more practical for bootleggers, such as VideoCDs. (Which could also be done simply by playing the DVD in a normal DVD player, recording the output, just not producing as high quality results.) At the time no such re-encoding tools were available, and such behavior would be protected under traditional fair use for personal backups. Furthermore, the code was released anonymously by someone outside the United States. This lead to an initial attack using trade secret laws (The DMCA's anti-circumvention aren't protected by international treaties on copyright such as the Berne convention5) to indite international offenders hosting the decryption code. It is perhaps arguable, that since the offense was an incident purely on the Internet, and not really able to to tied to it's own country, perhaps no country is responsible or even capable of wielding authority. However at the moment, such a situations is perhaps too complicated to address, and certainly not something any current governing body would accept. Ultimately, attempts by the DVD CAA and MPAA to protect the CSS encryption were dropped.

The Adobe eBook case6 is similar. Again, a copy protection scheme was...

Find Another Essay On International Copyright Circumvention

Describe at least three forms of computer crime and outline international and Australian attempts that have been made to regulate them

1773 words - 7 pages providing for sanctions. A Common Position on a proposal for a Directive on copyright and related rights in the Information Society has been adopted by the Council. The violation of copyright and related rights as well as the circumvention of technological measures designed to protect these rights are to be sanctionedPrivacy Offences: Various countries have introduced criminal law addressing illegal collection, storage, modification, disclosure or

INTERNET CHEATERS EXPOSED: B-side, Filmbaby, Eztakes and Lulu

3523 words - 14 pages and DMCA non-conforming terms of its user agreement. Deventiava follows up on this: “The DMCA was created to fully protect content creators, web sites like Eztakes.com are ambivalent towards such regulations.” (24) In fact several independent filmmakers received letters from US law firm Melveny & Myers, to seize and desist, since they were apparently infringing on the copyright of others. (25) One surveyed Indy filmmakers even

"Innovative Gaming: A New Approach to Consumer Saving" is a project report in which a new product was created that would be worthwhile to the consuming public

5326 words - 21 pages to provide those good quality games at extremely low prices we have violated copyrights given to the game's manufacturer.Copyrights are distributed by the United States Library of Congress. They protect the inventions of manufacturers and give them the rights to authorize any reproduction of their goods. Under U.S. and international law, a distributor of such products hascontributory copyright liability only when they know, or should have known

Annotated Bibliography

2673 words - 11 pages reports a court case concerning the Digital Millennium Copyright Act. A software company based in Russia, ElcomSoft, apparently abused possibilities of the Internet by selling a way for people to get around the encryption software in Adobe Systems. The case came down from the federal government of the United States and was tried by Judge Ronald M. Whyte, who was tasked with deciding whether or not computer code is covered as speech by the 1st

When the Bubble Burst

1539 words - 6 pages , and there is no assurance that the toxic assets are going to be worth anything in the future. Boskin notes, “ Estimates on the losses on U.S. loans and securities range from under $1 trillion to almost $4 trillion. The International Monetary Fund puts them at $2.7 trillion, but the range of uncertainty is enormous.” (Boskin 2) After the housing market crashed I wondered why the banks received all the funds and not the borrowers who had lost

phase diagram

4456 words - 18 pages Introduction: Chemical equilibrium is a crucial topic in Chemistry. To represent and model equilibrium, the thermodynamic concept of Free energy is usually used. For a multi-component system the Gibbs free energy is a function of Pressure, Temperature and quantity (mass, moles) of each component. If one of these parameters is changed, a state change to a more energetically favorable state will occur. This state has the lowest free energy

Revolutionary Work of Art

1890 words - 8 pages Walter Benjamin emphasizes in his essay, “The Work of Art in the Age of its Technological Reproducibility” that technology used to make an artwork has changed the way it was received, and its “aura”. Aura represents the originality and authenticity of a work of art that has not been reproduced. The Sistine Chapel in the Vatican is an example of a work that has been and truly a beacon of art. It has brought a benefit and enlightenment to the art

Enlightenment Thought in New Zealand Schools

1594 words - 6 pages In this essay I will be looking at how the political and intellectual ideas of the enlightenment have shaped New Zealand Education. I will also be discussing the perennial tension of local control versus central control of education, and how this has been affected by the political and intellectual ideas of the enlightenment. The enlightenment was an intellectual movement, which beginnings of were marked by the Glorious Revolution in Britain

Psychological Egoism Theory

2240 words - 9 pages The theory of psychological egoism is indeed plausible. The meaning of plausible in the context of this paper refers to the validity or the conceivability of the theory in question, to explain the nature and motivation of human behavior (Hinman, 2007). Human actions are motivated by the satisfaction obtained after completing a task that they are involved in. For example, Mother Teresa was satisfied by her benevolent actions and

How Celtic Folkore has Influenced My Family

1587 words - 6 pages Every family has a unique background that influences the way they live and interact with other people. My parents, who emigrated from Ireland to the States with my three brothers in 1989, brought over their own Celtic folklore and traditions that have helped shaped the way our family operates and lives. One aspect of folklore that has helped shape my family dynamic is the Celtic cross—both its background and what role it has played in our lives

Julia Margaret Cameron

1406 words - 6 pages At a time when women were looked upon as being homemakers, wives, mothers and such the late 1850's presented a change in pace for one woman in specific. Photography was discovered in 1826 and soon after the phenomenon of photography was being experimented with and in turn brought new and different ways of photo taking not only as documenting real time, but also conceptualizing a scene in which an image would be taken. Julia Margaret Cameron will

Similar Essays

Software Piracy And Copyright Laws: United States Vs Vietnam

2951 words - 12 pages holders greatly by implementing the Digital Millennium Copyright Act (DMCA). The DMCA is divided into two major sections. First, it created laws against "circumvention devices" used to get around copyright protection. Second, it protects ISPs from copyright liability as long as they take down the offending information quickly after being notified.3 Some problems have been brought up with the DMCA, and some of its uses have been ethically

America's Inventive Spirit: Focus On The Different Types Of Intellectual Property And The Impact Of Counterfeit And Thief Of Intellectual Property Has On Our Economy

2844 words - 11 pages exploiting other people's content -- without paying for it" (Gunther). So next time you see the words "registered copyright" take notice because you could be stealing from someone's hard work!Bibliography:Balaam, D.N. & Veseth, M. Introduction to international political economy. Pearson Education, New Jersey. 2001CNET News.com Staff. InterNIC is not a Net cop. News.COM. 1996 http://news.com.com/2100-1023-221313.html?legacy=cnet.Goldman, E. Domain

Privacy And Copyright Infringement Laws Essay

3521 words - 15 pages The process of fighting piracy and copyright infringement has become increasingly difficult with the advent of new technologies. The transitioning of music and videos to an online platform has impacted the entertainment industry as well as consumers. The availability of online content has changed the way consumers purchase and listen to music. There are several legal channels available for consumers to obtain music and videos online, through

Online Piracy: Blacklist Folly Essay

1070 words - 5 pages difficult. The detectives can no longer just follow the clues to get the bad guys, close down their shop and seize the illicit goods. Authorities now face problems with jurisdiction, diplomatic relations, and inconsistent international copyright laws. Delays inherent with these entanglements give the criminals all the time they need to move on to a new spot online. Tepp should be building his case with these challenges in mind rather than simply