This creates a potential for "strike suits" by nervous or opportunistic copyright owners who might challenge the deployment of a new IT tool with capabilities that may include circumvention of some technical protection system.
on criticism, comment, news reporting, teaching, scholarship, or research, [and] (iv) the effect of circumvention of technical measures on the market for or value of copyrighted works.
While the study provisions in DMCA are surely better than nothing, they fall far short of the periodic review and reporting process needed given the unprecedented nature of the circumvention and the antidevice bans.
The diplomatic conference had the good sense to adopt only a general norm on circumvention activities, leaving nations free to implement this norm in their own way.
Often software programs that are considered circumvention devices may simply offer the purchaser of a digital work an alternative program for viewing or listening to that work, or are necessary for properly testing digital security systems.
121) When the manufacture, import, and distribution of circumvention devices are prohibited, those who have a legitimate right to access or use material may be effectively barred from asserting that right.
An additional problem with prohibiting the manufacture, import, and distribution of circumvention devices is determining which devices should be considered to be circumvention devices to be prohibited under the law.
A final criticism of the prohibition of the manufacture, import, and distribution of circumvention devices is that it permits copyright owners to control not only the method of access to their works, but also the way their works can be viewed by someone who has already obtained access legally.
When the anti-circumvention provisions of the WIPO Copyright Treaty are construed broadly to include more than just the act of circumvention, (130) enforcement becomes increasingly problematic.
Even though the DMCA included exceptions to address some of the concerns from Silicon Valley, the resulting legislation favored the Hollywood perspective and offered broad protections to copyright owners, including the protections against the circumvention of digital rights management tools to which Silicon Valley strongly objected.
The following analysis will show that anti-circumvention provisions, although required by the treaty, may not offer an adequate balance between the rights of copyright owners and the dissemination of information for the public benefit when interpreted to include more than the act of circumvention.
irrespective of whether the access gained, apart from the circumvention needed to effect it, infringes a property right in the work.