Static Control Wins in DMCA Suit

Jason reports it (and corrected me within minutes of my publishing this post with an erroneous headline!); opinion here.  More to follow in a mo’.


Update: Jason has more here.  The DMCA section is fairly interesting – the court argues that the authentication sequence really doesn’t protect access to the Printer Engine Program in any real, effective sense.  Analyzing the effectiveness in this way is not a matter of degree; rather then Printer Engine Program is freely readable and accessible without circumventing anything.  The court goes on to stress that their ruling is consistent with the purpose of the DMCA.  Like in Skylink, the court stresses that Congress aimed at preventing piracy, not at limiting competition and interop.

P2P and Me2Me

Check out Jason’s post on what broader effects INDUCE might have, along with two follow-ups.  I’m not sure if this is the only reason that they wouldn’t write a narrow definition based on protocols – after all, the law would simply encourage people to create a new protocol.  What’s more, as Felten has discussed, it’s difficult to write a bill narrowly focused at P2P without impacting anything else.  Regardless, Jason’s point is well-taken – INDUCE, to varying degrees in its numerous incarnations, was seemingly focused at covering any technology around today or in the future that annoyed any copyright owner for any reason whatsoever.  For some, Me2Me is such a  nuisance