Outlawing circumvention of technological measures going overboard: Hollywood style

摘要

Powerful digital technologies have opened a huge market for content and have made it possible for individuals to make an unlimited number of perfect copies for global distribution over the Internet at low cost. Copyright owners often use technological measures to manage access to their works, and to control unauthorised copying of those materials. However, it is also possible to circumvent these technological measures with serious consequences viz., an increase in the risk of piracy. Recognizing the risks to copyrighted works presented by digital technology and Internet distribution, the US and the EU passed legislation pursuant to its international obligations to the WIPO, outlawing circumvention of technological measures. This paper takes a look at the legal frameworks and analyses whether the legislation has gone beyond the intent of copyright and will have adverse effect on the freedom to innovate, share information, and engage in heretofore permissible and lawful activity.