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{{Infobox U.S. legislation
|fullname=To amend title 17, United States Code, to implement the [[World Intellectual Property Organization]] Copyright Treaty and Performances and Phonograms Treaty, and for other purposes.
|acronym=DMCA
|enacted by=105th
|effective date=October 28, 1998
|cite public law=Pub. L. 105-304
|public law url=http://thomas.loc.gov/cgi-bin/toGPO/http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=105_cong_public_laws&docid=f:publ304.105.pdf
|cite statutes at large=112 Stat. 2860 (1998)
|acts amended=[[Copyright Act of 1976]]
|title amended=5 (Government Organization and Employees); 17 (Copyrights); 28 (Judiciary and Judicial Procedure); 35 (Patents)
|sections created=17 U.S.C. §§ 512, 1201–1205, 1301–1332; 28 U.S.C. § 4001
|sections amended=17 U.S.C. §§ 101, 104, 104A, 108, 112, 114, 117, 701
|leghisturl=http://thomas.loc.gov/cgi-bin/bdquery/z?d105:HR02281:@@@X
|introducedin=[[United States House of Representatives|House of Representatives]]
|introducedbill=H.R. 2281
|introducedby=Rep. [[Howard Coble]] ([[Republican Party (United States)|R]]-[[North Carolina|NC]])
|introduceddate=July 29, 1997
|committees=[[United States House Committee on the Judiciary|House Judiciary Committee]] (Subcommittee on Courts and Intellectual Property); [[United States House Committee on Energy and Commerce|House Commerce Committee]] (Subcommittee on Telecommunications, Trade, and Consumer Protection)
|passedbody1=[[United States House of Representatives|House]]
|passeddate1=August 4, 1998
|passedvote1=[[voice vote]]
|passedbody2=[[United States Senate|Senate]]
|passeddate2=September 17, 1998
|passedvote2=unanimous consent
|conferencedate=October 8, 1998
|passedbody3=[[United States Senate|Senate]]
|passeddate3=October 8, 1998
|passedvote3= consent
|passedbody4=[[United States House of Representatives|House]]
|passeddate4=October 12, 1998
|passedvote4=voice vote
|signedpresident=[[Bill Clinton]]
|signeddate=October 28, 1998
|amendments=<center>None</center>
}}
The '''Digital Millennium Copyright Act''' ('''DMCA''') is a [[United States]] [[copyright]] [[law]] that implements two 1996 treaties of the [[World Intellectual Property Organization]] (WIPO). It criminalizes production and dissemination of technology, devices, or services intended to circumvent measures (commonly known as [[digital rights management]] or DRM) that control access to copyrighted works. It also criminalizes the act of circumventing an access control, whether or not there is actual infringement of copyright itself. In addition, the DMCA heightens the penalties for copyright infringement on the [[Internet]].<ref>[http://www.copyright.gov/legislation/dmca.pdf DMCA p7.]</ref><ref>[http://www.gpo.gov/fdsys/pkg/USCODE-2010-title17/html/USCODE-2010-title17-chap5-sec506.htm United States Code (2010) Title 17 CHAPTER 5, COPYRIGHT INFRINGEMENT AND REMEDIES, Sec. 506 – Criminal offenses]</ref> Passed on October 12, 1998, by a unanimous vote in the [[United States Senate]] and signed into law by President [[Bill Clinton]] on October 28, 1998, the DMCA amended [[Title 17 of the United States Code|Title 17]] of the [[United States Code]] to extend the reach of copyright, while limiting the liability of the [[Online service provider|providers of online services]] for [[copyright infringement]] by their users.

The DMCA's principal innovation in the field of copyright is the exemption from direct and indirect liability of [[Internet service provider]]s and other intermediaries. This exemption was adopted by the [[European Union]] in the [[Electronic Commerce Directive]] 2000. The [[Copyright Directive]] 2001 implemented the 1996 [[WIPO Copyright Treaty]] in the EU.

==Provisions==

===Title I: WIPO Copyright and Performances and Phonograms Treaties Implemention Act===
DMCA Title I, the [[WIPO Copyright and Performances and Phonograms Treaties Implementation Act]], amends U.S. copyright law to comply with the [[World Intellectual Property Organization Copyright Treaty|WIPO Copyright Treaty]] and the [[WIPO Performances and Phonograms Treaty]], adopted at the WIPO Diplomatic Conference in December 1996. The treaties have two major portions. One portion includes works covered by several treaties in U.S. copy prevention laws and gave the title its name. For further analysis of this portion of the Act and of cases under it, see [[WIPO Copyright and Performances and Phonograms Treaties Implementation Act]].

The second portion (17 U.S.C. 1201) is often known as the DMCA [[anti-circumvention]] provisions. These provisions changed the remedies for the circumvention of copy-prevention systems (also called "technical protection measures") and required that all analog video recorders have support for a specific form of copy prevention created by Macrovision (now [[Rovi Corporation]]) built in, giving Macrovision an effective monopoly on the analog video-recording copy-prevention market. The section contains a number of specific limitations and exemptions, for such things as government research and [[reverse engineering]] in specified situations. Although, section 1201(c) of the title stated that the section does not change the underlying substantive copyright infringement rights, remedies, or defenses, it did not make those defenses available in circumvention actions. The section does not include a [[fair use]] exemption from criminality nor a [[scienter]] requirement, so criminal liability could attach even unintended circumvention for legitimate purposes.<ref>{{Cite book|author=Band, Jonathan and Katoh, Masanobu|year=2011|title=Interfaces on Trial 2.0|location=|publisher=MIT Press|page=[http://books.google.com/books?id=dFMUBhojiA0C&pg=PA92 92]|isbn=978-0-262-01500-4}}</ref> [[The Unlocking Technology Act of 2013]] was introduced to attempt to fix these oversights, which include prohibitions on unlocking one's own cell phone.<ref name="Couts">{{Cite news|author=Couts, Andrew|date=9 May 2013|title=Awesome new bill legalizes cell phone unlocking, 'fixes' the DMCA|newspaper=Digital Trends Newsletter|publisher=Designtechnica Corporation|url=http://www.digitaltrends.com/mobile/new-bill-legalizes-cell-phone-unlocking-fixes-the-dmca/|archiveurl=https://web.archive.org/web/20130703073505/http://www.digitaltrends.com/mobile/new-bill-legalizes-cell-phone-unlocking-fixes-the-dmca/|archivedate=3 July 2013|deadurl=no}}</ref><ref name="Khanna">{{Cite web|author=Khanna, Derek|date=1 November 2013|title=Conservatives Demand Free Market After Librarian of Congress Bans Phone Unlocking|publisher=Breitbart|url=http://www.breitbart.com/Big-Government/2013/11/01/Librarian-of-Congress-Bans-Important-Tech-Conservative-Groups-Demand-Free-Market|archiveurl=https://web.archive.org/web/20131104094432/http://www.breitbart.com/Big-Government/2013/11/01/Librarian-of-Congress-Bans-Important-Tech-Conservative-Groups-Demand-Free-Market|archivedate=4 November 2013|deadurl=no}}</ref> However, no action was taken by Congress as of the end of 2013.

===Title II: Online Copyright Infringement Liability Limitation Act===
DMCA Title II, the [[Online Copyright Infringement Liability Limitation Act]] ("OCILLA"), creates a [[safe harbor (law)|safe harbor]] for [[online service provider]]s (OSPs, including [[Internet service provider|ISPs]]) against copyright infringement liability, provided they meet specific requirements. OSPs must adhere to and qualify for certain prescribed safe harbor guidelines and promptly block access to alleged infringing material (or remove such material from their systems) when they receive [[DMCA takedown notice|notification of an infringement claim]] from a copyright holder or the copyright holder's agent. OCILLA also includes a counternotification provision that offers OSPs a safe harbor from liability to their users when users claim that the material in question is not, in fact, infringing. OCILLA also facilitates issuing of [[subpoena]]s against OSPs to provide their users' identity.

===Title III: Computer Maintenance Competition Assurance Act===
DMCA Title III modified [http://www.law.cornell.edu/uscode/17/117.html section 117] of the copyright title so that those repairing computers could make certain temporary, limited copies while working on a computer. It reversed the precedent set in ''[[MAI Systems Corp. v. Peak Computer, Inc.]]'', 991 F.2d 511 (9th Cir. 1993).

===Title IV: Miscellaneous Provisions===
DMCA Title IV contains an assortment of provisions:
* Clarified and added to the duties of the [[Copyright Office]].
* Added ephemeral copy for broadcasters provisions, including certain [[statutory license]]s.
* Added provisions to facilitate [[distance education]].
* Added provisions to assist libraries with keeping phonorecords of sound recordings.
* Added provisions relating to collective bargaining and the transfer of movie rights.

===Title V: Vessel Hull Design Protection Act===
DMCA Title V added sections [http://www.law.cornell.edu/uscode/17/1301.html 1301] through [http://www.law.cornell.edu/uscode/17/1332.html 1332] to add a ''[[sui generis]]'' protection for boat hull designs. Boat hull designs were not considered covered under copyright law because they are useful articles whose form cannot be cleanly separated from their function.<ref>17 U.S.C. 101 (defining "Pictorial, graphic and sculptural works" as "Such works shall include works of artistic craftsmanship insofar as their form but not their mechanical or utilitarian aspects are concerned; the design of a useful article, as defined in this section, shall be considered a pictorial, graphic, or sculptural work only if, and only to the extent that, such design incorporates pictorial, graphic, or sculptural features that can be identified separately from, and are capable of existing independently of, the utilitarian aspects of the article.")</ref><ref>[http://www.copyright.gov/docs/hr2696.html "Vessel Hull Design Protection Act of 1997 (H.R. 2696)"], Statement of MaryBeth Peters, The Register of Copyrights, before the Subcommittee on Courts and Intellectual Property, Committee on the Judiciary, Oct. 23, 1997 ("It is a long-held view of the Office that a gap exists in legal protection for the designs of useful articles. Existing bodies of federal intellectual property law do not provide appropriate and practical coverage for such designs, while state law is largely preempted in this area. Consequently, while considerable investment and creativity may go into the creation of innovative designs, they often can be copied with impunity.").</ref>

==Anti-circumvention exemptions==
{{Update|inaccurate=yes|section|date=May 2013}}
In addition to the safe harbors and exemptions the statute explicitly provides, [http://www.copyright.gov/title17/92chap12.html#1201 17 U.S.C. 1201(a)(1)] requires that the [[Librarian of Congress]] issue exemptions from the prohibition against circumvention of access-control technology. Exemptions are granted when it is shown that access-control technology has had a substantial adverse effect on the ability of people to make non-infringing uses of copyrighted works.

The exemption rules are revised every three years. Exemption proposals are submitted by the public to the Registrar of Copyrights, and after a process of hearings and public comments, the final rule is recommended by the Registrar and issued by the Librarian. Exemptions expire after three years and must be resubmitted for the next rulemaking cycle. Consequently, the exemptions issued in the prior rulemakings, in 2000, 2003 and 2006, and 2010 are no longer valid.

=== Previous exemptions ===
The Copyright Office approved two exemptions in 2000; four in 2003; six in 2006 and 2010.

; 2000, 2003, 2006 rulemakings
In 2000, the first rulemaking, the Office exempted (a) "Compilations consisting of lists of websites blocked by filtering software applications" (renewed in 2003 but not renewed in 2006); and (b) "Literary works, including computer programs and databases, protected by access control mechanisms that fail to permit access because of malfunction, damage, or obsoleteness." (revised and limited in 2003 and again in 2006). In 2003, the 2000 "literary works including computer programs" exemption was limited to "Computer programs protected by dongles that prevent access due to malfunction or damage and which are obsolete" and this exemption was renewed in both 2006 and 2010. The 2003 exemption for text readers of ebooks was renewed in both 2006 and 2010. The 2003 exemption for obsolete software and video game formats was renewed in 2006 and in 2010. The 2000 filtering exemption was revised and renewed in 2003, but was not renewed in 2006. The 2006 exemption for sound recordings allowed after security flaws were found in [[Sony BMG CD copy protection scandal|a copy protection system]] on some [[Sony]] CDs was not renewed in 2010. An exemption covering the audiovisual works included in the educational library of a college or university’s film or media studies department was not renewed in 2010. This exemption was replaced with an exemption on DVDs protected by the Content Scrambling System when circumvention is for the purpose of criticism or comment using short sections, for educational, documentary or non-profit use. The 2006 exemption for wireless handsets connecting to wireless networks was revised in 2010 to specify used handsets and require authorization from the wireless network operator. Another exemption for wireless handsets was introduced in 2010 specific to interoperability software on the phone itself.<ref>''See'' U.S. Copyright Office, Oct. 27, 2000, Rulemaking on Exemptions from Prohibition on Circumvention of Technological Measures that Control Access to Copyrighted Works, at [http://www.copyright.gov/1201/anticirc.html U.S. Copyright Office], October 28, 2003, Rulemaking on Exemptions from Prohibition on Circumvention of Technological Measures that Control Access to Copyrighted Works, at http://www.copyright.gov/1201/2003/index.html ; U.S. Copyright Office, Nov. 27, 2006, Rulemaking on Exemptions from Prohibition on Circumvention of Technological Measures that Control Access to Copyrighted Works,at http://www.copyright.gov/1201/2006/index.html; U.S. Copyright Office, Jul. 26, 2010, Rulemaking on Exemptions from Prohibition on Circumvention of Technological Measures that Control Access to Copyrighted Works at http://www.copyright.gov/1201/.</ref>

; 2010 rulemakings
The 2010 exemptions, issued in July 2010, are:
* Motion pictures on [[DVD]]s that are lawfully made and acquired and that are protected by the [[Content Scrambling System]] when circumvention is accomplished solely in order to accomplish the incorporation of short portions of motion pictures into new works for the purpose of criticism or comment, and where the person engaging in circumvention believes and has reasonable grounds for believing that circumvention is necessary to fulfill the purpose of the use in the following instances:
** Educational uses by college and university professors and by college and university film and media studies students;
** Documentary filmmaking;
** Obsolete software and video game formats.
** Noncommercial videos. (A new exemption in 2010, similar to a previous educational exemption.)
* Computer programs that enable [[Mobile phone|wireless telephone]] handsets to execute software applications, where circumvention is accomplished for the sole purpose of enabling interoperability of such applications, when they have been lawfully obtained, with computer programs on the telephone handset. (A new exemption in 2010.)
* Computer programs, in the form of [[firmware]] or software, that enable used wireless telephone handsets to connect to a wireless telecommunications network, when circumvention is initiated by the owner of the copy of the computer program solely in order to connect to a wireless telecommunications network and access to the network is authorized by the operator of the network. (Revised from a similar exemption approved in 2006.)
* Video games accessible on personal computers and protected by technological protection measures that control access to lawfully obtained works, when circumvention is accomplished solely for the purpose of good faith testing for, investigating, or correcting security flaws or vulnerabilities, if:
** The information derived from the security testing is used primarily to promote the security of the owner or operator of a computer, computer system, or computer network; and
** The information derived from the security testing is used or maintained in a manner that does not facilitate copyright infringement or a violation of applicable law. (A new exemption in 2010.)
* Computer programs protected by [[dongle]]s that prevent access due to malfunction or damage and which are obsolete. A dongle shall be considered obsolete if it is no longer manufactured or if a replacement or repair is no longer reasonably available in the commercial marketplace. (A renewed exemption from 2006, based on a similar exemption approved in 2003.)
* Literary works distributed in [[e-book]] format when all existing e-book editions of the work (including digital text editions made available by authorized entities) contain access controls that prevent the enabling either of the book’s read-aloud function or of [[screen reader]]s that render the text into a specialized format. (A renewed exemption from 2006, based on a similar exemption approved in 2003.)

==Linking to infringing content==
The law is currently unsettled with regard to websites that contain links to infringing material; however, there have been a few lower-court decisions which have ruled against linking in some narrowly prescribed circumstances. One is when the owner of a website has already been issued an injunction against posting infringing material on their website and then links to the same material in an attempt to circumvent the injunction. Another area involves linking to software or devices which are designed to circumvent ([[digital rights management]]) devices, or links from websites whose sole purpose is to circumvent copyright protection by linking to copyrighted material.<ref>{{cite news|url=http://www.webtvwire.com/linking-to-infringing-content-is-probably-illegal-in-the-us/|title=Linking to infringing content is probably illegal in the US|publisher=WebTVWire|date=2006-09-12|accessdate=2006-10-12}}</ref>

==Notable court cases==
{{Expand section|more cases. look: [https://www.eff.org/cases?tid=516 EFF], [[WIPO Copyright and Performances and Phonograms Treaties Implementation Act|DMCA 1201]]|date=November 2008|note=https://www.eff.org/issues/dmca}}

===''Edelman v. N2H2''===
In July 2002, [[American Civil Liberties Union]] filed a lawsuit on the behalf of Benjamin Edelman, a computer researcher at Berkman Center for Internet and Society, seeking a [[declaratory judgment]] to affirm his first amendment rights when reverse engineering the censorware product of defendant N2H2 in case he intended to publish the finding. N2H2 filed a motion to dismiss, which the court granted. {{citation needed|date=September 2014}}

===''RealNetworks, Inc. v. DVD Copy Control Association, Inc.''===
{{main|RealNetworks, Inc. v. DVD Copy Control Association, Inc.}}
In August 2009, the [[DVD Copy Control Association]] won a lawsuit against [[RealNetworks]] for violating copyright law in selling its RealDVD software, allowing users to copy DVDs and store them on a harddrive. The DVD Copy Control Association claimed that Real violated the DMCA by circumventing anti-piracy measures [[ARccOS Protection]] and [[RipGuard]], as well as breaking Real's licensing agreement with the MPAA's Content Scrambling System.<ref>{{cite web|last=Sandoval|first=Greg|url=http://news.cnet.com/8301-1023_3-10307921-93.html|title=RealNetworks loses critical ruling in RealDVD case|publisher=CNET.com|date=2009-08-11|accessdate=2011-11-12}}</ref>

===''Viacom Inc. v. YouTube, Google Inc.''===
{{main|Viacom International Inc. v. YouTube, Inc.}}
On March 13, 2007, [[Viacom]] filed a lawsuit against [[YouTube]] and its corporate parent [[Google]] for copyright infringement seeking more than $1 billion in damages. The complaint was filed in the [[U.S. District Court for the Southern District of New York]].

Viacom claims the popular video-sharing site was engaging in "massive intentional copyright infringement" for making available a contended 160,000 unauthorized clips of Viacom's entertainment programming. Google relied on the 1998 Digital Millennium Copyright Act's "safe harbor" provision to shield them from liability.<ref>{{cite web|url=http://news.cnet.com/Viacom-sues-Google-over-YouTube-clips/2100-1030_3-6166668.html?tag=nw.10|title=Viacom sues Google over YouTube clips|publisher=News.cnet.com|date=2007-03-13|accessdate=2011-11-12}}</ref>

On June 23, 2010, U.S. District Judge Louis Stanton granted summary judgment in favor of YouTube.<ref>''Viacom Int'l Inc., et al., v. YouTube, Inc., et al.'', Nos. 07-Civ-2103 (LLS), 07-Civ-3582 (LLS) [http://www.google.com/press/pdf/msj_decision.pdf Opinion and Order] (S.D.N.Y. June 24, 2010).</ref> The court held that YouTube is protected by the safe harbor of the DMCA. Viacom appealed to the U.S. Court of Appeals for the Second Circuit.<ref>{{cite news|url=http://news.cnet.com/8301-31001_3-20008636-261.html|work=cnet news|location=U.S.|title=Google defeats Viacom in landmark copyright case|first=Greg|last=Sandoval|date=June 23, 2010|accessdate=June 23, 2010}}</ref>

On April 5, 2012, the federal Second Circuit Court of Appeals vacated Judge Louis Stanton's ruling, and instead ruled that Viacom had presented enough evidence against YouTube to warrant a trial, and the case should not have been thrown out in summary judgement. The court did uphold the ruling that YouTube could not be held liable based on "general knowledge" that users on its site were infringing copyright. The case was sent back to the District Court in New York,<ref>{{cite web|url=http://www.mediapost.com/publications/article/171852/appeals-court-gives-viacom-second-shot-at-youtube.html|location= U.S.|title=Appeals Court Gives Viacom Second Shot at YouTube|first=Wendy|last=Davis|date=April 6, 2012|accessdate=April 7, 2012}}</ref> and on April 18, 2013, Judge Stanton issued another order granting summary judgment in favor of YouTube. The case is over; no money changed hands.<!--see main article for source-->

===''IO Group, Inc. v. Veoh Networks, Inc.''===
{{main|IO Group, Inc. v. Veoh Networks, Inc.}}
On June 23, 2006, IO Group, Inc. filed a complaint against [[Veoh|Veoh Networks, Inc.]] in the U.S. District Court for California's Northern District.<ref>{{cite news|url=http://online.wsj.com/article/SB115154757274993889.html?mod=rss_whats_news_technology|work=The Wall Street Journal|title=Veoh Faces Copyright Suit, A Test of Web Video|date=June 29, 2006|first=Kevin J.|last=Delaney}}</ref>

IO Group alleged that Veoh was responsible for copyright infringement by allowing videos owned by IO Group to be accessed through Veoh's online service without permission over 40,000 times between the dates June 1 and June 22.<ref>{{cite web|last=Ali|first=Rafat|url=http://www.paidcontent.org/entry/test-for-web-video-veoh-faces-copyright-suit|title=Test For Web Video? Veoh Faces Copyright Suit|publisher=paidContent|date=2006-06-28|accessdate=2011-11-12}}</ref>

Veoh is a Flash video site relying on user contributed content. IO Group argued that since Veoh [[transcode]]d user uploaded videos to Flash format it became a direct infringer and the materials were under their direct control, thereby disqualifying them for DMCA safe harbor protection.

The ruling judge disagreed with the argument, stating that <blockquote>"Veoh has simply established a system whereby software automatically processes user-submitted content and recasts it in a format that is readily accessible to its users. Veoh preselects the software parameters for the process from a range of default values set by the thirdparty software... But Veoh does not itself actively participate or supervise the uploading of files. Nor does it preview or select the files before the upload is completed. Instead, video files are uploaded through an automated process which is initiated entirely at the volition of Veoh's users."</blockquote>

The Court has granted the Veoh's motion for [[summary judgment]], on the basis of the DMCA, holding that the defendant's video-sharing web site complied and was entitled to the protection of the statute's "safe harbor" provision.<ref>{{cite web|author=August 27th, 2008|url=http://www.techcrunch.com/2008/08/27/transcoding-is-not-a-crime-says-court-in-veoh-porn-case/|title=Transcoding Is Not A Crime, Says Court In Veoh Porn Case|publisher=TechCrunch|date=2008-08-27|accessdate=2011-11-12}}</ref> Even though Veoh won the court case, it blamed the litigation as one of the causes of its preparing to file Chapter 7 bankruptcy and its subsequent sale to Qlipso.<ref>"Content sharing company Qlipso buys Veoh" (Apr 9, 2010) Athena Information Solutions Pvt. Ltd.</ref><ref>"UMG v. Veoh: victory has never been so [[Pyrrhic victory|pyrrhic]]" (Dec 22, 2011) Engadget, Newstex</ref>

===''Vernor v. Autodesk, Inc.''===
{{main|Vernor v. Autodesk, Inc.}}
After numerous [[DMCA takedown notice]]s in response to his eBay listings, Timothy S. Vernor sued Autodesk in August 2007 alleging that Autodesk abused the DMCA and disrupted his right to sell used software he bought at a garage sale.<ref>{{cite web|last=Cheng|first=Jacqui|url=http://arstechnica.com/software/news/2007/09/autodesk-sued-for-10-million-after-invoking-dmca-to-stop-ebay-resales.ars|title=Autodesk sued for $10 million after invoking DMCA to stop eBay resales|publisher=Arstechnica.com|date=2007-09-13|accessdate=2011-11-12}}</ref> In May 2008, a federal district judge in Washington State dismissed Autodesk's argument that the software's license agreement preempted the seller from his rights under the [[first-sale doctrine]].<ref>{{cite web|last=Lee|first=Timothy B.|url=http://arstechnica.com/tech-policy/news/2008/05/court-smacks-autodesk-affirms-right-to-sell-used-software.ars|title=Court smacks Autodesk, affirms right to sell used software|publisher=Arstechnica.com|date=2008-05-23|accessdate=2011-11-12}}</ref> In September 2010, the U.S. Court of Appeals for the Ninth Circuit reversed, holding that "a software user is a licensee rather than an owner of a copy where the copyright owner (1) specifies that the user is granted a license; (2) significantly restricts the user's ability to transfer the software; and (3) imposes notable use restrictions."<ref>{{cite web|last=Anderson|first=Nate|url=http://arstechnica.com/tech-policy/news/2010/09/the-end-of-used-major-ruling-upholds-tough-software-licenses.ars|title=No, you don't own it: Court upholds EULAs, threatens digital resale|publisher=Arstechnica.com|date=2010-09-10|accessdate=2011-11-12}}</ref>

===''Lenz v. Universal Music Corp.''===
{{main|Lenz v. Universal Music Corp.}}
In 2007, Stephanie Lenz, a writer and editor from [[Gallitzin, Pennsylvania]] made a home video of her 13-month-old son dancing to "Let's Go Crazy" and posted a 29-second video on the video-sharing site [[YouTube]]. Four months after the video was originally uploaded, [[Universal Music Group]], which owned the copyrights to the song, ordered YouTube to remove the video enforcing the Digital Millennium Copyright Act.

Lenz notified YouTube immediately that her video was within the scope of fair use, and demanded that it be restored. YouTube complied after six weeks—not two weeks, as required by the Digital Millennium Copyright Act—to see whether Universal planned to sue Lenz for infringement. Lenz then sued Universal Music in California for her legal costs, claiming the music company had acted in bad faith by ordering removal of a video that represented fair use of the song.<ref>{{cite news|first= Bob|last= Egelko|title=Woman can sue over YouTube clip de-posting|url=http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/08/20/MNU412FKRL.DTL|work=[[San Francisco Chronicle]]|date=August 20, 2008|accessdate=2008-08-25}}</ref>

In August 2008, U.S. District Judge [[Jeremy Fogel]] of [[San Jose, California]] ruled that copyright holders cannot order a deletion of an online file without determining whether that posting reflected "fair use" of the copyrighted material.

On February 25, 2010, Judge Fogel issued a ruling rejecting several of Universal's affirmative defenses, including the defense that Lenz suffered no damages.<ref>[http://thepriorart.typepad.com/the_prior_art/files/Lenz.2.25.order.pdf ''Lenz v. Universal Music Corp.'']</ref>

===''Flava Works Inc. v. Gunter''===
{{main|Flava Works Inc. v. Gunter}}
In the case of Flava Works Inc. v. Gunter the court denied the defendant safe harbour protection under [[DMCA]] {{uscsub|17|512}}. The district court found that the defendant had knowledge of its users' infringing activity and also failed to prevent future infringing activity. As such the plaintiff's motion for preliminary injunction was granted.<ref>{{cite web|url=http://docs.justia.com/cases/federal/district-courts/illinois/ilndce/1:2010cv06517/248465/77/0.pdf|title=Memorandum opinion|first=John F.|last=Grady|date=27 July 2011|work=Court rule in favour of plaintiff's motion for preliminary injunction.|accessdate=21 November 2011}}</ref> On appeal, however, the Seventh Circuit vacated the injunction, citing the standard set in [[eBay Inc. v. MercExchange, L.L.C.]], which states that courts should not rely on categorical rules as a standard for injunction.<ref>{{cite web|url=https://www.eff.org/deeplinks/2012/08/myvidster-victory-innovation-and-vote-sensible-copyright-law|title=myVidster: A Victory for Innovation and a Vote for Sensible Copyright Law|first1=Julie P.|last1=Samuels|first2=Parker|last2=Higgins|date=6 August 2012|publisher=Electronic Frontier Foundation|accessdate=8 August 2012}}</ref>

===''Ouellette v. Viacom International Inc.''===
{{main|Ouellette v. Viacom International Inc.}}
In this case of Ouellette v. Viacom International Inc., the court denied plaintiff's attempt to find liability for YouTube and Myspace's takedowns of the plaintiff's homemade videos. Despite potential fair use claims, the court found it impossible to use the DMCA takedown provisions as a foundation for liability. The court found that the safe harbor provision serves "to limit the liability of internet service providers, not to create liability that could not otherwise be imposed under existing law independent of the DMCA."<ref>[http://scholar.google.com/scholar_case?q=Ouellette+v.+Viacom&hl=en&as_sdt=2,5&case=3753744983787595468&scilh=0 ''Ouellette v. Viacom'', Dist. Court, D. Montana (2011)]</ref>

===''Sony v. George Hotz''===
{{main|Sony Computer Entertainment America v. George Hotz}}
In January 2011, [[Sony Computer Entertainment]] sued [[George Hotz]] over violating the Section 1201 of the Digital Millennium Copyright Act as well as the [[Computer Fraud and Abuse Act|Federal Fraud and Abuse Act]] due to facilitating consumers to [[PlayStation Jailbreak|jailbreak]] their [[PlayStation 3]] consoles.<ref>[http://www.engadget.com/2011/01/12/sony-follows-up-officially-sues-geohot-and-fail0verflow-over-ps/ Sony follows up, officially sues Geohot and fail0verflow over PS3 jailbreak]. Nilay Patel, Engadget (2011-01-12). Retrieved on 2011-02-16.</ref> Hotz argued that because he had purchased the product, he had the right to do with it as he pleased. After three months, Sony and Hotz decided to settle out of court. This also included an injunction against George Hotz, barring him from hacking any more Sony products.<ref>{{cite web|url=http://www.gamespot.com/news/6308347.html|title=Sony/Hotz settlement details surface}}</ref><ref>{{cite web|url=http://www.joystiq.com/2011/04/11/sony-and-playstation-3-jailbreaker-george-hotz-settle-out-of-cou/|title=Sony and PlayStation 3 jailbreaker George Hotz settle out of court}}</ref>

===''Automattic, Inc. and Oliver Hotham v. Nick Steiner''===
In 2013, Oliver Hotham wrote an article on [[WordPress.com|WordPress]] (owned by Automattic, Inc.) critical of Straight Pride UK that included material from a press release sent to him by Straight Pride UK's press officer, Nick Steiner. Steiner sent WordPress a DMCA takedown notice claiming that Hotham's article infringed their copyright. WordPress and Hotham sued in a federal District Court in California, under §512(f) of the DMCA, claiming that the takedown notice was fraudulent, and that the takedown cost the plaintiffs time, lost work and attorneys' fees. In 2015, the court issued a [[default judgement]] in favor of WordPress and Hotham in the amount of $25,084.<ref>Van der Sar, Ernesto. [http://torrentfreak.com/wordpress-wins-25000-from-dmca-takedown-abuser-150305/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+Torrentfreak+%28Torrentfreak%29 "WordPress Wins $25,000 From DMCA Takedown Abuser"], TorrentFreak.com, March 5, 2015</ref>

==Criticisms==

===Abuse of takedown notice===
[[Google]] asserted misuse of the DMCA in a filing concerning New Zealand's copyright act,<ref>{{cite web|url=http://tcf.org.nz/content/ebc0a1f5-6c04-48e5-9215-ef96d06898c0.cmr|format=PDF|title=Google submission on TCF Draft ISP Copyright Code of Practice|author=Carolyn Dalton and Antoine Aubert|date=6 March 2009|accessdate=2009-10-14}}</ref> quoting results from a 2005 study by Californian academics [[Laura Quilter]] and Jennifer Urban based on data from the [[Chilling Effects (group)|Chilling Effects]] clearinghouse.<ref>{{cite web|url=http://mylaw.usc.edu/documents/512Rep-ExecSum_out.pdf|title=Efficient Process or 「Chilling Effects」? Takedown Notices Under Section 512 of the Digital Millennium Copyright Act - Summary Report|author=[[Laura Quilter]] and Jennifer Urban|year=2005|accessdate=2009-10-14}}</ref> Takedown notices targeting a competing business made up over half (57%) of the notices Google has received, the company said, and more than one-third (37%), "were not valid copyright claims."<ref>{{cite news|url=http://www.pcworld.co.nz/article/483729/google_submission_hammers_section_92a/|title=Google submission hammers section 92A|publisher=New Zealand PCWorld|date=2009-03-16|accessdate=2009-03-19}}</ref>

In 2015 [[Volkswagen]] abused the DMCA to hide their vehicles emissions cheat.<ref>[https://www.eff.org/deeplinks/2015/09/researchers-could-have-uncovered-volkswagens-emissions-cheat-if-not-hindered-dmca Researchers Could Have Uncovered Volkswagen’s Emissions Cheat If Not Hindered by the DMCA | Electronic Frontier Foundation]</ref>

===Effect on analog video equipment===
[[Rovi Corporation#Content protection (RipGuard and Analog Copy Protection)|Analog Copy Protection (ACP)]], the encryption technology created by [[Rovi Corporation]] (formerly Macrovision), is designed to thwart users' attempts to reproduce content via analog cables. When a DVD is played through an analog video cable and recorded using a [[VCR]], Rovi's ACP technology will distort the copy partially or completely.<ref>{{cite web|url=http://www.rovicorp.com/products/content_producers/protect/acp.htm|title=ACP}}</ref>

The technology works by adding additional lines to the video signal. In the [[NTSC]] video standard, blank lines ([[vertical blanking interval]]s) that the user cannot see are used for functions like closed captioning. Rovi Corporation uses these blank lines to implement its ACP technology.<ref>{{cite web|url=http://whatis.techtarget.com/definition/0,,sid9_gci213677,00.html|title=vertical blanking interval}}</ref>

The implementation of ACP has been ill-regarded by some video enthusiasts. Many claim that the technology has led to signal issues with VCRs and analog video equipment. Some VCRs misread the encryption used to prevent copying, distorting the video image regardless of whether the recording is original or a copy.

The DMCA has been criticized for forcing all producers of analog video equipment to support the proprietary copy protection technology of Rovi Corporation, a commercial firm.{{citation needed|date=March 2011}} The producers of video equipment are forced by law to support and implement the corporation's proprietary technology.{{citation needed|date=March 2011}} This benefits Rovi Corporation financially, whereas those forced to implement it receive neither profit nor compensation.<ref>{{cite web|url= http://www.publicknowledge.org/node/19|title=analog off}}</ref>

Additionally, some criticize the implementation of ACP as a violation of their [[fair use]] rights. A recently developed TV-streaming product called the [[Slingbox]] uses analog signals to convey video from television to a mobile device. However, the encryption used by ACP blocks analog transmission, rendering the Slingbox unusable. Additionally ACP blocks the use of recording for educational purposes. On one or more accounts, students have not been able to cite and record cable sources properly due to ACP restrictions.<ref>{{cite web|url=https://www.eff.org/issues/analog-hole|title=Analog Hole|publisher=Electronic Frontier Foundation|accessdate=2013-01-13}}</ref>

===Effect on research===
{{Main|Digital rights management}}

The DMCA has had an impact on the worldwide [[cryptography]] research community, since an argument can be made that any cryptanalytic research violates, or might violate, the DMCA. The arrest of Russian programmer [[Dmitry Sklyarov]] in 2001, for alleged infringement of the DMCA, was a highly publicized example of the law's use to prevent or penalize development of anti-DRM measures.<ref>{{cite web|url=http://www.cybercrime.gov/Sklyarovindictment.htm|title=First Indictment Under Digital Millennium Copyright Act Returned Against Russian National|publisher=Cybercrime.gov|accessdate=2011-11-12}} {{dead link|date=April 2013}}</ref> While working for [[ElcomSoft]] in Russia, he developed ''The Advanced eBook Processor'', a software application allowing users to strip usage restriction information from restricted [[e-book]]s, an activity legal in both Russia and the United States.<ref>{{cite web|url=http://www.adobe.com/aboutadobe/pressroom/pressreleases/200108/elcomsoftqa.html|title=Adobe FAQ: ElcomSoft legal background|publisher=Adobe.com|accessdate=2011-11-12}}</ref> Paradoxically, under the DMCA, it is not legal in the United States to provide such a tool. Sklyarov was arrested in the United States after presenting a speech at [[DEF CON (convention)|DEF CON]] and subsequently spent nearly a month in jail.<ref>{{cite news|author=Farhad Manjoo|url=http://www.wired.com/politics/law/news/2001/08/45879|title=Sklyarov: A Huge Sigh of Release|publisher=Wired.com|date= 2001-08-07|accessdate=2011-11-12}}</ref> The DMCA has also been cited as [[chilling effect (term)|chilling]] to legitimate users, such as students of [[cryptanalysis]] (including, in a well-known instance, Professor [[Edward Felten]] and students at [[Princeton University|Princeton]]),<ref>[http://cryptome.info/sdmi-attack.htm RIAA challenges SDMI attack] 2002-01-07, Retrieved on 2007-02-26</ref> and security consultants such as [[Niels Ferguson]], who has declined to publish information about vulnerabilities he discovered in an [[Intel Corporation|Intel]] secure-computing scheme because of his concern about being arrested under the DMCA when he travels to the U.S.<ref>{{cite web|author=Ann Harrison|url=http://www.securityfocus.com/news/236|title=Video crypto standard cracked?|publisher=Securityfocus.com|date=2001-08-13|accessdate=2011-11-12}}</ref>

===Effect on innovation and competition===
In at least one court case, the DMCA has been used by [[open source]] software projects to defend against conversion of software (i.e., license violations) that involved removal of copyright notices.<ref>{{cite web|url=http://www.decoderpro.net/k/docket/395.pdf|title=Jacobsen v Katzer: Order Granting in Part and Denying in Part Plaintiff's Motion for Summary Judgement and Denying Defendants Motion for Partial Summary Judgement|accessdate=2010-05-29}}</ref> This defense can be used even without timely [[copyright registration]], and can generate attorney fee awards, which together make it a useful strategy for open source organizations.

===Reform and opposition===
There have been several Congressional efforts to modify the Act. [[Rick Boucher]], a Democratic congressman from Virginia, led one of these efforts by introducing the [[Digital Media Consumers' Rights Act]] (DMCRA).

A prominent bill related to the DMCA is the [[Consumer Broadband and Digital Television Promotion Act]] (CBDTPA), known in early drafts as the Security Systems and Standards Certification Act (SSSCA). This bill, if it had passed, would have dealt with the devices used to access digital content and would have been even more restrictive than the DMCA.{{vague|date=February 2015}}

On the tenth anniversary of the DMCA, the [[Electronic Frontier Foundation]] documented harmful consequences of the anti-circumvention provisions.<ref>{{cite web|author=|url=https://www.eff.org/wp/unintended-consequences-under-dmca |title=Unintended Consequences: Twelve Years under the DMCA &#124; Electronic Frontier Foundation |publisher=Eff.org |date=2010-03-03 |accessdate=2013-06-14}}</ref> They document that the DMCA:

# Stifles free expression, such as in its use against Russian programmer [[Dmitry Sklyarov]], Princeton Professor [[Edward Felten]], and journalists;
# Jeopardizes [[fair use]];
# Impedes competition, such as blocking aftermarket competition in toner cartridges, garage door openers, and enforcing [[walled garden (technology)|walled gardens]] around the [[iPod]];<ref>e.g. [[OdioWorks v. Apple]] [https://www.eff.org/cases/odioworks-v-apple]</ref> and
# Interferes with computer intrusion laws.<ref>{{cite web|url=https://www.eff.org/wp/unintended-consequences-under-dmca|title=Unintended Consequences: Twelve Years under the DMCA|date=March 2010|publisher=[[Electronic Frontier Foundation]]}}</ref>

==See also==
{{Portal|Government of the United States|Internet}}
{{Multicol}}
;Economic concepts
* [[Protectionism]]
;Related US laws
* [[Copyright Term Extension Act]] (1998)
* [[Digital Performance Right in Sound Recordings Act]] (1995)
* [[Inducement rule]]
* [[NET Act]], the "No Electronic Theft"
;Proposed US legislation
* [[BALANCE Act]], Benefit Authors without Limiting Advancement or Net Consumer Expectations Act of 2003
* [[Inducing Infringement of Copyrights Act]] (INDUCE) (introduced 2004)
* [[Pirate Act]] (introduced 2004)
* [[Digital Media Consumers' Rights Act]] (introduced 2003 & 2005)
* [[Digital Transition Content Security Act]] (introduced 2005)
* [[FAIR USE Act]] (introduced in 2007)
;Shelved US Legislation
* [[PROTECT IP Act]] (introduced in 2011, shelved indefinitely)
* [[Stop Online Piracy Act]] (SOPA) (introduced in 2011, shelved indefinitely)
;Related international law
* [[Bill C-60 (38th Canadian Parliament, first Session)|Bill C-60]] ([[Canada]] – ''proposed'')
* [[Bill C-61 (39th Canadian Parliament, second Session)|Bill C-61]] ([[Canada]] – ''proposed'')
* [[Bill C-32 (40th Canadian Parliament, third Session)|Bill C-32]] ([[Canada]] – ''proposed'')
* [[DADVSI]] ([[France]] – ''Loi sur le Droit d'Auteur et les Droits Voisins dans la Société de l'Information'')
* [[Digital Economy Act 2010]] ([[United Kingdom]])
* [[Copyright Directive|EU Copyright Directive]] ([[European Union]])<ref>Iván Vargas Chaves. ''Evolución de la Responsabilidad Civil en Internet: Del Common Law al Derecho Comunitario Europeo''. In: Reflexiones sobre Derecho Privado Patrimonial - Vol. II, [[University of Salamanca]], [[Spain]] 2012. ISBN 978-84-940144-1-3 (Book Chapter), p. 565.</ref>
* [[Protection of Broadcasts and Broadcasting Organizations Treaty]] (''proposed'')
{{Multicol-break}}
;Proposed international law
* [[Anti-Counterfeiting Trade Agreement]]
;DMCA anti-circumvention cases
* ''[[321 Studios v. Metro Goldwyn Mayer Studios, Inc.]]''
* ''[[Chamberlain v. Skylink]]''
* ''[[Facebook, Inc. v. Power Ventures, Inc.]]''
* ''[[Lexmark Int'l v. Static Control Components]]''
* ''[[Murphy v. Millennium Radio Group LLC]]''
* [[Dmitry Sklyarov]] in ''[[United States v. ElcomSoft and Sklyarov]]''
* ''[[Universal v. Reimerdes]]''
;DMCA damages cases
* ''[[Stockwire Research Group, Inc., et al. v. Lebed, et al.]]''
;DMCA notice-and-takedown issues
* [[Online Copyright Infringement Liability Limitation Act]] (OCILLA) (more information about the DMCA 512 takedown provisions)
* ''[[Lenz v. Universal Music Corp.]]''
{{Multicol-end}}

==References==
{{refbegin}}
* {{cite book|last=Litman|first=Jessica|authorlink=Jessica Litman|title=[[Digital Copyright]]|publisher=[[Prometheus Books]]| location=Berlin| date=2000<!--ref: https://www.amazon.com/exec/obidos/ASIN/1573928895/o/qid=978292479/sr=8-1/ref=aps_sr_b_1_1/105-7381207-3264763-->|page=208|isbn=1-57392-889-5}}
{{refend}}

'''Notes'''
{{Reflist|2}}

==External links==
{{Wikisource-inline}}
* {{USBill|105|HR|2281}}, DMCA
* [http://www.copyright.gov/legislation/dmca.pdf U.S. Copyright Office summary of the DMCA] ([[Portable Document Format|PDF]] format)
* [http://wikimediafoundation.org/wiki/Category:DMCA Wikimediafoundation.org]
* [http://www.law.cornell.edu/uscode/17/ Title 17 of the U.S. Code], [[Cornell Law School]]
* [http://www.cybertelecom.org/ip/dmca.htm Cybertelecom's DMCA information and background material]
* [http://www.newmediarights.org/guide/legal/copyright/citizens_legal_guide_digital_millenium_copyright_act_dmca A citizen's guide to the DMCA]
* [http://chillingeffects.org/ ChillingEffects.org], a clearinghouse of DMCA 512 notices and [[cease and desist]] letters
* [http://www.marketingdock.com/copyrights/dealing-with-copyright-infringement.php Info on Dealing with Digital Copyrights Infringement including filing DMCA Notices]
* [http://tcattorney.typepad.com/digital_millennium_copyri/2007/08/post.html Interview of Marcia Hoffman from the EFF on Lenz v. Universal DMCA lawsuit]
* Seth Finkelstein, ''[https://www.eff.org/IP/DMCA/finkelstein_on_dmca.html How To Win (DMCA) Exemptions And Influence Policy]''.
* [https://www.eff.org/issues/dmca The Electronic Frontier Foundation (EFF) page on the DMCA]
* [https://www.eff.org/files/DMCAUnintended10.pdf Unintended Consequences: Ten Years under the DMCA - EFF]
* [http://www.medialaw.in Media Copyrights Law]
* [http://www.amazon.com/In-Your-Pocket-The-Dmca/dp/0557137810#reader_0557137810 In Your Pocket - The DMCA]
* [http://www.counternotify.com/DecadeDMCA_wilbur.pdf A Decade of the DMCA]
* [http://www.dmca.com/whois A web based tool for identifying the owners and operators of websites with infringing content]

[[Category:1998 in law]]
[[Category:1998 in the United States]]
[[Category:United States federal computing legislation]]
[[Category:United States federal copyright legislation]]
[[Category:United States federal criminal legislation]]
[[Category:105th United States Congress]]
[[Category:History of the Internet]]
[[Category:Internet law in the United States]]
[[Category:Hardware restrictions]]
[[Category:Digital Millennium Copyright Act| ]]
[[Category:Controversies]]

Revision as of 21:17, 23 September 2015

I wish the DMCA was dead!!!!!!

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