The Federal Circuit Court of Appeals has brought down a verdict in the "Skylink" case. That's a DMCA case whereing a garage-door-opener company asserted that another company, which makes interoperable clickers (in case you lose yours or want a spare for your spouse) violated the DMCA by circumventing the protection on the copyrighted software in the garage-door-opener. Yeah, you read right. Copyrighted garage-door-openers.
Anyway, the court delivered the clearest and most ringing condemnation of the overbroad application of the DMCA yet:
The DMCA does not create a new property right for copyright owners. Nor, for that matter, does it divest the public of the property rights that the Copyright Act has long granted to the public. The anticircumvention and anti-trafficking provisions of the DMCA create new grounds of liability. A copyright owner seeking to impose liability on an accused circumventor must demonstrate a reasonable relationship between the circumvention at issue and a use relating to a property right for which the Copyright Act permits the copyright owner to withhold authorization-as well as notice that authorization was withheld. A copyright owner seeking to impose liability on an accused trafficker must demonstrate that the trafficker's device enables either copyright infringement or a prohibited circumvention. Here, the District Court correctly ruled that Chamberlain pled no connection between unauthorized use of its copyrighted software and Skylink's accused transmitter. This connection is critical to sustaining a cause of action under the DMCA. We therefore affirm the District Court's summary judgment in favor of Skylink.
You’d be forgiven for thinking the videocassette format long-dead, but it turns out that Betamax is still around. Sony is finally going to withdraw tapes from sale, bringing a 40-year story to an end. The last recorders were sold in 2002. ベータビデオカセットおよびマイクロMVカセットテープ出荷終了のお知らせ [Sony; via The Verge]
A leaked Comcast memo discloses that the company’s consumer data caps have nothing to do with network congestion, contrary to its public claims. The internet service provider has often complained (such as when lobbying against net neutrality) that it must impose limits on service to prevent network congestion. The argument suggests that these measures are […]
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