17 U.S.C. §1201(a)(1)
"No person shall circumvent a technological measure that effectively controls access to a work protected [by copyright law]."
- Statute seems to require that in order to qualify for DMCA protection the
copyright holder must implement "effective control" to access and protect the
- Divides technological measures into 2 parts:
- prevention of unauthorized to copyrighted works
- measures to prevent unauthorized of copyrighted works
"As to the Act of circumvention in itself, the provision prohibits circumventing [unauthorized access], but not [unauthorized copying] . . . Since copying of a work may be fair use . . ., §1201 does not prohibit the act of circumventing a technological measure that prevents copying. By contrast, since the fair use doctrine is not a defense to the act of gaining unauthorized [access] to a work, the act of circumventing a technological measure in order to gain access is prohibited." U.S. Copyright Office Summary, The DMCA of 1998 (Dec. 1998)