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Innovation for the 21st CenturyHarnessing the Power of Intellectual Property and Antitrust Law$
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Michael A. Carrier

Print publication date: 2009

Print ISBN-13: 9780195342581

Published to Oxford Scholarship Online: May 2009

DOI: 10.1093/acprof:oso/9780195342581.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 12 November 2019

The Digital Millennium Copyright Act: From Pirates to User Innovators

The Digital Millennium Copyright Act: From Pirates to User Innovators

Chapter:
(p.163) 8 THE DIGITAL MILLENNIUM COPYRIGHT ACT: FROM PIRATES TO USER INNOVATORS
Source:
Innovation for the 21st Century
Author(s):

Michael A. Carrier

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195342581.003.0008

This chapter focuses on the Digital Millennium Copyright Act (DMCA), which prevents the circumvention of technological measures controlling access to copyrighted works. It begins by tracing the role that reverse engineering has played in the software industry as a matter of technology and law. It then introduces the DMCA's text and legislative history. It explores the most important cases that have applied the statute to competition-related issues, and examines the review process that the Copyright Office has conducted in granting new exemptions from liability. The chapter concludes with a proposal that seeks to remedy the anticompetitive use of the DMCA. Just to pick one example, such a proposal could reduce the price of ink in printer toner cartridges.

Keywords:   DMCA, software, reverse engineering, aftermarkets, copy protection

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