Digital Millennium Copyright Act: Research Report

From English 194 Wiki Site

By Bethany Serrano
19:14, 13 May 2006 (PDT)

1 Abstract
2 Description
3 Analysis and Evaluation
4 Works Cited

Abstract

This research report will explore the details of the Digital Millennium Copyright Act(DMCA) and how it applies to everyday situations. It will also explore how and when it was signed into becoming a law. This paper will also investigate a few court cases that have had outcomes that have been affected by the Digital Millennium Act. There will also be an examination of the reasons for placing the Digital Millenium Act into practice. A law similar to the DMCA has recently been passed in Europe. As technology continues to advance, more laws such as this one, will be developed.

Description

Intellectual Property will be looked at in the terms of the ever increasing Digital Age. The Digital Age can best be defined as the ever increasing reliable source the media has become. The media has also become very accessible, which is a huge part of the Digital Age. The Digital Age has increased accessibility and by increasing accessibility, more problems and protections must be put into place. The Digital Millenium Copyright Act puts protections into place, along with stating certain allowances for use of codes and media.

Analysis and Evaluation

Before the increased use of computers and digital media, there were not huge concerns with the availability of different types of the media. As technology was just developing, only a select few knew all of the ends and outs of creating digital media. Therefore, it was not easily possible for one to acquire codes and software that affect the digital world. Today, many people are easily able to acess the codes and necessary programming details in order to get into programs, and as technology continues to increase the accessibility, certain laws and regulations will be necessary in order to prevent dishonest or illegal usage.

As the Digital Age advances at great speed, preventitive measures need to be taken in order to protect areas that might be left unclear. Because of the necessity of furthuring protections, President Clinton signed the Digital Millennium Act into place on October 28th, 1998. The act had been an ongoing process that was worked upon for a couple years previous to its implementation. The main purpose of the Digital Millennium Act is strictly to enforce treaties that were signed in December 1996, at the World Intellectual Property Organization. The treaties had been a work-in-progress and the signing by the president was the final step to setting the treaties into motion. This was a huge accomplishment for those who had been working long and hard on trying to clear up undefined areas in the digital world.

The main goals of the act are to protect online software and digital programming. In regards to commercial software, the DMCA strives to protect the anti-piracy measures that are included with in most commercial software. In other words, someone cannot work their way around the protections commercial software has around it. There are no “loopholes” around the illegal use’s or copying of the software. The Digital Millennium Copyright Act also protects systems from code cracking devices. In fact, the act outlaws any manufacturing or sales of any item that in any way tries to depict a code in order to copy software. However, the DMCA does allow, for research purposes, and the cracking of copyright protection devices and does allow code breraking in order to test computer security systems. The DMCA draws clear boundaries by also stating what is legal to do.

The DMCA does permit internet providers to publish certain information on the internet. Copyright laws tried to protect bits of information (like the news and current events) from being printed on the internet, but due to the expanding nature of the internet and the accessible source it has become, the DMCA allows providers to publish that type information legally. However, when certain information is published under these strict copyright laws, internet service providers are expected and 'are required' to regulate and remove violated copyrighted materials. Higher education is also protected in the sense that their liability is limited in the case that they serve as online providers. There are also certain circumstances in which the liability is not as great for faculty members and graduate students. This allows those who are truly involved in advancing their own or someone else’s education, to do so in a not so restrictive manner. The reduction of liabilities only applies for nonprofit institutions.

A balance between Copyrights and distance learning is another factor that the DMCA addresses. The act insists that the Register of Copyrights must submit recommendations to Congress addressing how to promote distance learning through digital technologies while “maintaining an appropriate balance between the rights of copyright owners and the needs of users” (UCLA). This is important because it keeps the communication open between Congress and those who are trying to further education with the use of the internet. This prevents Congress from being “out of the loop” in issues that might be formed around education on the internet. It sets up regulations from preventing people from setting up their own educational facilities online.

Webcaseters are required to pay a licensing fee to a recording company in order to broadcast a event across the internet. Technically this part of the DMCA does not think it is okay for un-authorized people to continually broadcast live events across the net. However, this does happen quite a bit and is quite difficult to keep tight tabs on.

In a recent court case between MGM and 321 Studios, 321 Studio’s declared that their product does not violate any copyright terms. They produced “DVD Copy Plus,” which allows owners of DVD’s to make copies in the event that something happen to the original. MGM’s argument was that the reproduction of movies is a touchy subject because how can they be assured that people will not make illegal copies for friends or other people. The court ruled basically in the favor of MGM studios and ordered that 321 not distribute any more special software for recording movies. Although software still exists where movies can be recorded, it cannot be encouraged and advertised as purpose being for recording movies.

Another court case that was affected by the DMCA involved Chamberlain v. Skylink. This court case was interesting because Chamberlain Group- holds a very broad patent for “A Coding System for Multiple Transmitters and a Single Receiver for a Garage Door Opener.” The Chamberlain Group claimed that the Canadian Company (Skylink) was in violation of the DMCA because Skylink were making and producing garage door openers that worked with their product. Skylink argued that people have the right to choose the garage door opener they want to use, even if it comes from a different brand. The court did not rule in the favor of the Chamberlain Group because of fair use laws. Copyright laws allow consumers to purchase a product of embedded software and use it legally. It is the consumers choice of the product that they would like to use. This might contradict what individuals think about copyrights because often times people think if it is copyrighted, it can’t be used. This is not always the case because copyright actually permits the use of the work in some cases.

Another bill similar to the DMCA was recently passed on May 22, 2001 by the European Union when they passed the EU Copyright Directive or EUCD, similar in a lot of ways to the DMCA. Although the DMCA has helped to define many areas that have been left blurry by Copyright Acts, situations and questions still arise as technology advances. It can be said that perhaps the laws and boundaries will never be fully clear and defined because of how quickly the media world advances. This is very important to keep in mind because, although lawmakers do their best to try to make things as clear as possible, perhaps there will always be an undefined line. Intellectual Property is a term that is also constantly changing in the types of things it can apply to and the way people have to respect it. It is uncertain whether everyone will ever be on the same page when trying to understand copyrights and the legalistic's that are behind them. Every day something new comes about that needs to be examined and investigated. As time goes on, situations will arise and other laws, like the DMCA and will be needed in order to help solve unclear questions and problems.