[sword-devel] Access controls vs. copy control
Fri, 11 Oct 2002 11:00:32 -0700
We have had some discussions on this list about the DMCA and the
circumvention of access controls and exemptions given by the LOC. The
copyright office will be taking comments on rule making for the next 3-year
period. (These rules exist for three years at a time.) Related to that,
they have released a document http://www.copyright.gov/1201/fr2002-4.pdf .
That document goes into some detail into the difference between an access
control and a copy control (copy protection). It gives some examples.
Decrypting or hacking of, passwords or serial numbers, could be
circumventing of access controls. But, while bypassing limitations on,
printing or saving to a file, would be circumventing copy controls, it
would not be circumventing access controls. With copy controls, section
1201 on circumvention of access controls does not apply to authorized
users. The other provisions of copyright law, and the limitations to it,
such as fair use, apply. However, trafficking in a device that allows
others to circumvent a copy control could be a violation of section 1201b.
The difference is that an access control prevents unauthorized users from
using the work, while a copy control limits or prevents the copies an
authorized user can make.
IANAL, this is just my understanding of it.