The EFF is proposing an exemption from liability under Sec. Jailbreaking is an example of an activity that circumvents TPMs. This technology is also known as a technological protection measure or “TPM”. Very briefly, this provision (17 USC § 1201) prohibits making or selling devices or services that are used to circumvent embedded technology that is used to prevent unauthorized access to a work.
However, there is an equally important part known as the anti-circumvention exemption. Perhaps the most well-known aspect of it is the safe harbor exemptions it provides for Internet Service Providers (“ISPs”).
This time, the issue is the question of whether there should be an exemption to the DMCA’s anti-circumvention provision for certain audiovisual works, namely video games.įor those of you who may not be aware, the Digital Millennium Copyright Act is a copyright law in the United States that governs digital technology and Internet-based issues. I think it’s fair to presume that whenever we see the Electronic Frontier Foundation (“EFF”) squaring off with a major trade association (the Entertainment Software Association or “ESA” in this case), things are bound to get interesting.
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