Comments on: DMCA, the Right of Access, and Consumer Choice http://blogs.law.harvard.edu/cmusings/2005/04/22/dmca-the-right-of-access-and-consumer-choice/ by Derek Slater Fri, 05 Dec 2008 12:07:35 -0500 http://wordpress.org/?v=2.8.5.2 hourly 1 By: Greg London http://blogs.law.harvard.edu/cmusings/2005/04/22/dmca-the-right-of-access-and-consumer-choice/comment-page-1/#comment-3937 Greg London Tue, 26 Apr 2005 17:46:16 +0000 http://blogs.law.harvard.edu/cmusings/2005/04/22/dmca-the-right-of-access-and-consume#comment-3937 <a></a> New metaphors for intellectual works show just how out of whack the DMCA really is: http://www.greglondon.com/bountyhunters/

New metaphors for intellectual works show just how out of whack the DMCA really is:

http://www.greglondon.com/bountyhunters/

]]> By: Ed Felten http://blogs.law.harvard.edu/cmusings/2005/04/22/dmca-the-right-of-access-and-consumer-choice/comment-page-1/#comment-3934 Ed Felten Fri, 22 Apr 2005 17:40:01 +0000 http://blogs.law.harvard.edu/cmusings/2005/04/22/dmca-the-right-of-access-and-consume#comment-3934 <a></a> If it turns out, as you suggest, that enabling certain business models benefits society, then it's worth asking whether the DMCA is well designed for the purpose of enabling those business models while minimizing harmful side-effects. It seems likely that it's not. Would an alternative legal structure be better? For example, why not give all copyright owners the right to control access to copyrighted works? Why give that right only to copyright owners who deploy certain kinds of access-control technologies? Why ban circumvention in order to make lawful use of a work?

If it turns out, as you suggest, that enabling certain business models benefits society, then it’s worth asking whether the DMCA is well designed for the purpose of enabling those business models while minimizing harmful side-effects. It seems likely that it’s not. Would an alternative legal structure be better?

For example, why not give all copyright owners the right to control access to copyrighted works? Why give that right only to copyright owners who deploy certain kinds of access-control technologies? Why ban circumvention in order to make lawful use of a work?

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