Hugh from the Electronic Frontier Foundation sez, "EFF Board Chair Brad Templeton has made a brilliant Downfall remix. The video is interesting not just for being funny, but also for the troubles Brad had creating it. In order to avoid any DMCA violations, he had to make it without circumventing encryption, which naturally led to multiple headaches. We have a short post on the EFF blog about what this says about the need for DMCA exemptions for remix artists"
Unfortunately for Brad, he found in making his parody that creating a fair use like this -- and doing so legally -- is not as easy as it ought to be. As a high profile advocate for digital rights, Brad naturally wants to avoid breaking any laws. And while fair use protects his parody from charges of copyright infringement, he wanted to ensure that he didn't accidentally violate other laws -- in particular the DMCA's prohibition on circumventing encryption.
This meant that Brad couldn't just rip a copy from the his own legally purchased DVD. Instead, just to be safe, he would have to make a copy of the film using the "analog hole," a form of copying that has been recognized by the courts as legally permissible.
My latest Locus Magazine column is DRM Broke Its Promise, which recalls the days when digital rights management was pitched to us as a way to enable exciting new markets where we'd all save big by only buying the rights we needed (like the low-cost right to read a book for an hour-long plane ride), […]
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