Student Projects:DMCA:Description
Project Description
The Digital Millenium Copyright Act (DMCA) has been heavily scrutinized by academics, researchers, the media, technologists, entertainment groups, and the general public since it was passed in 1998. In particular, section 1201 of the Act has been criticized as a threat to free speech, civil liberties, and an extreme restriction of and intrusion into academic research and development. In this balanced policy brief, we submit recommendations for changes to the law by comparing actual applications of the law with the Act's origins, statement, and intentions in an effort to drive policy regarding digital copyrights toward the public's interests.
Team Members
- Henry Mitchell
- Shaun Padden
- Amir Rahim
- Breese Stevens
Topic
The Effectiveness of The Digital Millenium Copyright Act of 1998 In Serving Its Original Intent
Sub-Topics
- Historical origins/Motivation
- Adapt the law to technological change
- Clarify rights of copyright holders
- Comply with World Intellectual Property Organization treaty
- Five Major Sections (WIPO Treaty Implementation, Online Copyright Infringement Liability Limitation, Computer Maintenance or Repair, Miscellaneous Provisions, Protection of Certain Original Designs)
- Summary of the actual statement of the law
- Provisions for protection of works on the Internet
- The traditional concept of fair use and the DMCA's impact on fair use
- DVD/DeCSS as an example, among others
- Concerns of the DMCA's effects on academics and research
- Digital Rights Management (DRM)
- International guidelines/jurisdictions and mechanisms to enforce them (if any?)
- Conclusions, Predictions and Recommendations
Sources
- Arguments made in DVD-cracking case available @ http://news.com.com/2100-1025_3-1011326.html
- Actaual Statment of the DMCA available @ http://thomas.loc.gov/home/thomas.html
- The Digital Millennium Copyright Act of 1998 available @ http://www.copyright.gov/legislation/dmca.pdf
- Unintended Consequences:Five Years under the DMCA available @ http://www.eff.org/IP/DMCA/unintended_consequences.pdf
- Arguments made in DVD-cracking case availabel @ http://news.com.com/2100-1025_3-1011326.html
- O P E N L A W : OPEN DVD available @ http://cyber.law.harvard.edu/openlaw/DVD/
- How Copyright Became Controversial by Drew Clark of National Journal’s Technology Daily
Team Organization
- Henry: TBD
- Shaun: TBD
- Amir: TBD
- Breese: TBD
