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The Futility of Invoking the DMCA

Dunno if people are still reading this, but I came across this NY Times article today. A trade association has sent letters to Internet sites that post a code used to break the DVDs' copyright protection--clearly a DMCA anti-circumvention violation, right?

But the story basically shows the futility of invoking the DMCA to prevent information from circulating on the Internet, since users have embedded the code in songs, pictures, and postings. And, despite the DMCA notice, Digg.com has officially allowed the code to remain after a backlash from users.... they could be in hot water, legally.

A better solution would have been to use trade secret law to protect the number by making all employees sign non-disclosure agreements.

Posted by at May 2, 2007 5:45 PM in Current Events