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But fair use gets no mention in the Digital Millennium Copyright Act of 1998
17 USC 1201(c):
"(c) Other Rights, Etc., Not Affected.?(1) Nothing in this section shall affect rights, remedies, limitations, or defenses to copyright infringement, including fair use, under this title."
The problem isn't that the DMCA doesn't mention fair use, it's that fair use doesn't constitute a defense against the provisions of 1201(b) (the prohibition on the means of circumvention.) As a result, it may well be legal to (for instance) crack DRM to make archival copies, it's just illegal to posess the means of making those archival copies. - Posted by: Yagotta B. Kidding Posted on: 11/16/05 You are currently: a Guest | Members login | Terms of Use
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