DMCAThe anti-circumvention of the Digital Millennium Copyright Act (DMCA) was intended to stop the copyright infringers from overriding the anti-piracy protections on protected intellectual properties. Section 1201 expressly was developed to protect the rights of copyright holders where it enacted policies that were crucial for preventing circumvention of an encryption system for enhanced decryption. Generally, 1201 was invented to stop regulation on technologies that made circumvention possible thus the software for distributions of intellectual properties were required to be tested to ensure that it was unlawful to make digital copies of an item such as a disc.Despite the provisions, the objectives of the law have not only failed to accomplish the objectives but have created hurdles to undertaking various legitimate processes; therefore it has become one serious entity that undermines the copyright policies. Scientific research and free speech have been undermined by evoking section 1201. Over the past few years, the anti-circumvention policy has created a pathway for legal battles such as lawsuits and summons on 2600 magazines and research that has significantly undermined the ability of the computer users to enhance computer security systems (Electronic Frontier Foundation, 2014). Over the years, the lawsuit has affected the programmers and researchers because sharing research content that might violate sections has become a huge stumbling block for information sharing.Similarly, the implementation of DMCA has been criticized for derailing the fair use principle as prohibiting all circumvention directly undermines the fair use criteria as consumers of movies are restricted from making personal use extracts and copies from the material they have legitimately acquired. More fundamentally, DCMA has been overwhelmingly used to limit the computer network access which has been applied as the general prohibition rule. This is not the intended purpose of the legislation of section 1201 of DMCA. Thus it’s arguable that the policy has diverted its objection to undermining the copyright act and the progress of the industry of intellectual property.
ReferencesElectronic Frontier Foundation (2014), Unintended Consequences: Sixteen Years under the DMCA. file:///C:/Users/hp/Downloads/unintendedconsequences2014 (1).pdf
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