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In the digital age, the new distribution channels blurred the lines between fair use and outright piracy The publishers found themselves throwing sandbags in front of a tsunami They were being robbed, but who was really responsible They couldn t sue the Internet After all, no official Internet Corporation existed, so they did the next best thing In 1993, Playboy changed the game by successfully suing an Internet service provider (ISP) for copyright violations What made the case interesting was that the ISP didn t actively do anything wrong A customer of the ISP had publicly posted some of Playboy s pictures on a server maintained by the provider without obtaining permission from Playboy This occurred without the ISP s knowledge Nonetheless, the service provider was held accountable for the user s actions, even though they were completely unaware of the violation The Playboy case made it obvious that certain aspects of copyright law were not flexible enough to handle the new technologies at hand How could any ISP operate if they were to be held accountable for the actions of their customers The same concept could apply to every major communications infrastructure company liable for any piracy that occurs over the Internet Even the Playboy ruling wasn t enough to stop Internet piracy ISPs rapidly found ways to legally protect themselves from future abuses Then the dot-com
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the one thing everybody thought the Internet would change was completely unaffected: books For years, pundits claimed that the Web would be the end of books Then people realized that reading large amounts of text on a computer is about as pleasurable as open-eye surgery The e-book concept, although much hyped, has gone nowhere The most successful e-books sell thousands of copies, versus millions for their printed counterparts
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74 Network Security Illustrated boom happened, and the problems with Internet piracy increased a thousand-fold Owners of intellectual property, mainly the media moguls and their giant corporations, cried out for new legislation to protect their already over-swelled wallets Politicians with freshly-lined pockets responded In 1998, the Digital Millennium Copyright Act (DMCA) became law in America Its purpose was to respond to the cries for legislation to control copyright in the new digital world It was also designed in response to the World Intellectual Property Organization s demand that America comply with international legislation in the area of copyright law A number of welcome changes were mandated in the DMCA ISPs finally obtained limited liability protection in situations such as the Playboy case Computer repair companies could legally access and make temporary copies of copyrighted materials during the repair process7 The DMCA was immediately controversial and the subject of many heated debates The majority of the act was uncontroversial, but one section caused an incredible amount of grief Section 1201 broadly stated that it is illegal to attempt to circumvent any technology that controls access to copyrighted material This means that breaking a copy protection scheme, regardless of the reason, is illegal DMCA Versus Fair Use Versus Privacy explores one of the major ramifications of this clause
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The DMCA prioritizes anti-circumvention over fair use This means, if you need to circumvent in order to exercise fair use, that s tough This is not good, but what s the alternative In the digital world, fair use makes piracy possible and relatively easy How do you know when fair becomes too far Well, you need to track the usage of all digital media, and that starts to eat at privacy So, the content world is sitting on the horns of a triceratops On the one horn, you have the DMCA, which can eliminate fair use in certain situations On the other, you have Big Brother, which eliminates privacy but can enforce fair use (and define what s fair) On the third, you have freedom, which relies upon the honor system for rights enforcement It will be interesting to see how the legislative world solves this complex problem
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