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A US circuit court judge has made a ruling that may have consequences on how courts interpret the DMCA. In a case between MGE UPS Systems and General Electric, Judge Garza of the New Orleans 5th circuit court has ruled that "merely bypassing a technological protection that restricts a user from viewing or using a work is insufficient to trigger the DMCA anti-circumvention provision".
The judge also added that "The DMCA prohibits only forms of access that would violate or impinge on the protections that the Copyright Act otherwise affords copyright owners."
In other words, it is only illegal to break DRM if you intend to violate the Copyright Act. This differs from earlier interpretations of the DMCA, in which all forms of DRM breaking is considered illegal, even at the cost of preventing fair use.
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The judge also added that "The DMCA prohibits only forms of access that would violate or impinge on the protections that the Copyright Act otherwise affords copyright owners."
In other words, it is only illegal to break DRM if you intend to violate the Copyright Act. This differs from earlier interpretations of the DMCA, in which all forms of DRM breaking is considered illegal, even at the cost of preventing fair use.
More:
