WHITHER THE DMCA? A TALE OF TWO CASES

摘要

The DMCA was not intended to prevent competition in the markets for durable goods. However, it remains to be seen whether the courts will extend the DMCA to apply in such markets. If they do, it is conceivable that computer programs will be used to prevent competition in all manner of aftermarkets, from computer service to spare tires. Whether the misuse doctrine will provide a defense to claims under the DMCA in such circumstances―far from those envisioned by Congress―also remains to be seen.