No edit summary
Left4Code (talk | contribs)
product cargo removed, probably a bad idea
 
(14 intermediate revisions by 12 users not shown)
Line 1: Line 1:
{{StubNotice}}


The Digital Millenium Copyright act (DMCA) was a legislation passed in 1998 to amend title 17, United States Code.
The '''[[wikipedia:Digital_Millennium_Copyright_Act|Digital Millenium Copyright Act]]''' (DMCA) is a copyright law passed in 1998 to amend Title 17 of the United States Code.<ref>{{Cite web |date=1998-10-28 |title=Digital Millennium Copyright Act |url=https://www.govinfo.gov/content/pkg/PLAW-105publ304/pdf/PLAW-105publ304.pdf |url-status=live |archive-url=https://web.archive.org/web/20260125064622/https://www.govinfo.gov/content/pkg/PLAW-105publ304/pdf/PLAW-105publ304.pdf |archive-date=2026-01-25 |access-date=2026-02-03 |website=GovInfo}}</ref><ref name=":0">{{Cite web |date=1998-10-08 |title=H.R.2281 - Digital Millennium Copyright Act |url=https://www.congress.gov/bill/105th-congress/house-bill/2281 |url-status=live |archive-url=https://web.archive.org/web/20260201003346/https://www.congress.gov/bill/105th-congress/house-bill/2281 |archive-date=2026-02-01 |access-date=2026-02-03 |website=Congress.gov}}</ref> Among its provisions are criminalizing the production and dissemination of information intended to circumvent copy protections


Its primary provision was to outlaw the use or distribution of tools that, "Circumvent Access Control."
that protect intellectual property, such as those considered digital rights management. It was later amended in 1998 to shield from liability ISPs that consumers may use to gain access to such information.


The law contains no consideration of fair use and has the effect of preventing people from using or repairing equipment that they own.
The law also provides that the Library of Congress issue exemptions from the prohibition when it is shown that access-control technology has had a substantial adverse effect on the ability of people to make non-infringing uses of copyrighted works. These exemptions are not granted in perpetuity. They are revised every 3 years, and existing exemptions must be resubmitted for the next rulemaking cycle alongside any new ones.


One such example is [[John Deere]] preventing 3rd party maintenance of farmers' tractors.
This law is one of the earliest to address the digital multimedia era, where previous law was deemed insufficient with the technology of the time period (even though its effect covers all digital information). Although the law is meant to supplement intellectual property rights, there are concerns that it conflicts with consumers' interests. This is due to the specific text of the law, as well as its interpretation being used to attack activity by consumers that would otherwise be permitted. Concerns over Right to Repair, Fair Use, and an overall lack of valid paths to refute or redress accusations of violating the law remain.


==Section 1201==
{{main|DMCA Section 1201}}
===Anti-Circumvention rule===
The DMCA prohibits breaking any digital lock that "effectively controls access" to a copyrighted material.<ref name=":0" /> Initially created under the premise of preventing internet piracy, critics have been apt to point out the ways that corporations have abused this legal restriction. Cory Doctorow argues that the rule prevents competition and "the creation of legitimate, otherwise legal technologies."<ref>{{Cite web |last=Doctorow |first=Cory |date=2015-12-01 |title=I Can’t Let You Do That, Dave |url=https://cacm.acm.org/opinion/i-cant-let-you-do-that-dave/ |url-status=live |archive-url=https://web.archive.org/web/20250911054401/https://cacm.acm.org/opinion/i-cant-let-you-do-that-dave/ |archive-date=2025-09-11 |access-date=2026-02-03 |website=Communications of the ACM}}</ref>
==References==
<references />
[[Category:Common terms]]
[[Category:Common terms]]
[[Category:Legislation]]
[[Category:Legislation]]
[[Category:US legislation]]