Essay about The Digital Millennium Copyright Act - 1449 Words

The Digital Millennium Copyright Act Signed into law by President Clinton on October 28, 1998, the Digital Millennium Copyright Act (DMCA) was the foundation of an effort by Congress to implement United States treaty obligations and to move the nations copyright law into the digital age. (Executive Summary DMCA Report) While this seems a valid description of the law, perhaps a more accurate interpretation lies in the following statement: The DMCA is a piece of legislation rushed through Congress by the entertainment industry lobbyists to protect its monopoly on commercially-developed digital content, cartels, price-fixing, and to maintain its status quo as the single entity that can direct what should be popular or used by†¦show more content†¦For example, the DMCA is often used by copyright holders to successfully fight Napster-like services and protect their anticopying technology. (Thibodeau 41) While it may seem logical that copyright holders want to protect their technology and interests, the truth is that the law impinges on the right of consumers to copy content. (Thibodeau 41) Obviously there is a conflict of interests at issue and a consensus is needed to protect both consumers as well as copyright holders. However, violating the founding principles of the nation, and citizens rights to freedom of speech is not the answer. Further, in court rulings related to the DMCA, the courts have imposed liability and enjoined conduct for what in other contexts would be considered fair use or freedom of the press. In addition, the DMCA has been used to stifle academic research, and to arrest and indict a Russian programmer who had come to the United States to present a paper at a conference. These cases and actions raise questions as to whether Congress has changed the established rules, rather than just modernizing them, for the digital era. (Ottaviani C1) This conduct demonstrates the great abuse of the DMCA in relation to the First Amendment; freedom of speech is the most important freedom granted to United States citizens and it must be protected. Before the DMCA was enacted, manufacturers of devices that permitted one to copy works generally considered themselves protected by the fair useShow MoreRelatedThe Digital Millennium Copyright Act1608 Words   |  7 PagesFailure to Protect and Abuses of the Section 1201 of the Digital Millennium Copyright Act Most laws are passed by the congress with intent to either limit the government s power or to benefit the country and it s people. This was the thought behind the ill fated and commonly criticized The DMCA (Digital Millennium Copyright Act). Its purpose, similar to its predecessor, the Copyright Act itself, was to protect the copyright owners from the big scary pirates, thus protecting their profits andRead MoreThe Digital Millennium Copyright Act1513 Words   |  7 Pagesadvent of the Internet, Congress passed the Digital Millennium Copyright Act (DMCA) in 1998 to address the obligations imposed by the World Intellectual Property Organization (WIPO) Treaty. Owners of copyright were concerned that their works would be pirated online, and the existing legal systems in place at the time were insufficient to protect individuals and the industry as a whole. The DMCA was passed in 1998 with the intention of stopping copyright infringers from circumventing anti-piracy protectionsRead Mo re The Effects of the Digital Millennium Copyright Act of 1998 Essay1313 Words   |  6 PagesThe Effects of the Digital Millennium Copyright Act of 1998 The verb copy is defined as â€Å"To reproduce an original.† (Webster, 57-58) This idea of copying has been around for hundreds of years. In the current time, laws have had to be written to protect against the idea of copying someone else’s work. There are ways around the copyright laws. â€Å"A copy is in violation of a copyright if the original can be â€Å"perceived, reproduced, or otherwise communicated by or from the copy, directlyRead MoreImpact Of The Digital Millennium Copyright Act On Copyright Enforcement And Fair Use3378 Words   |  14 PagesImpact of the Digital Millennium Copyright Act on Copyright Enforcement and Fair Use Jean-Paul Muyshondt University of North Carolina Wilmington Abstract The Digital Millennium Copyright Act of 1998 has changed the focus of copyright enforcement away from the act of copyright infringement and toward the act of circumvention of the technologies used to protect the rights of digital media owners. Additionally, the act has had adverse effects that outweigh the benefits that it provides. Key Words:Read MoreThe Digital Millennium Copyright Act Essay1621 Words   |  7 Pagesthoroughly compensated. Therefore, the Digital Millennium Copyright Act was created and instituted by the United States Congress to restrict internet piracy by banning the fabrication, allocation, and illegal distribution of pirated materials. In addition, the DMCA was used to accommodate the constant changes of the growing digital age into current copyright laws that are usually reserved for books, magazines, or articles. The Digital Millennium Copyright Act is just and protects the rights of theRead MoreThe Digital Millennium Copyright Act1777 Words   |  8 Pagesappears in the mainstream media. Whether it’s the US Digital Millennium Copyright Act informing you that some search results have been removed, news of foreign governments controlling what their citizens can and can’t view, or Apple and other corporations refusing to meet the demands of the FBI, the internet, and gover nment dealings are closely intertwined. American media gives coverage to many of these stories but there a lot of bills, acts, laws etc. get no attention. Not only is this lack ofRead MoreWhat Is The Digital Millennium Copyright Act?813 Words   |  4 Pagesby copyright protection, but sharing your favorite author was easy and fun. It was not long after computers became more mainstream that books and other media could be found digitally produced by the author, creator or publisher. With this advancement came the ability to share a book or other media with a friend while retaining the original copy. This copyright infringement was frowned upon by the people that made money selling the digital products. Along came the Digital Millennium Copyright ActRead MoreEssay on 1998 Digital Millennium Copyright Act1331 Words   |  6 Pages1998 Digital Millennium Copyright Act Right before a movie starts in your theatre, you’re subjected to many advertisements. One that always stood out was the piracy campaign ad which gave a perspective on the downloading of movies from an off set worker. His distinctive message was that, movie stars are paid exorbitant amounts of money but the on and off set workers are not. By downloading the movie or â€Å"screener† in advanced, you’re really hurting the people behind the magic. So what doesRead MoreDigital Millennium Copyright Act At The Embassy Level1237 Words   |  5 PagesThere are not many risks involved with the Digital Millennium Copyright act at the Embassy level, but there are a few. The only issues we could possible run into is that a single user illegally downloads copyrighted material. There are several policies and procedure put into place to stop this kind of abuse through our systems. One good thing is that the OSP to our Embassy will not be help accountable for any copyright violations as long as there procedures are in place. Another issue that may beRead MoreDigital Technology And Its Effects On The World1639 Words   |  7 Pagesagainst some very complex issues such as how to control piracy of copyrighted digital media. However, copyright owners have sought out legal means to protect their intellectual assets. In recent years copyright laws have been in effect to strike a balance between protecting the rights of authors, artist and copyright owners, and according to the U.S. Constitution, to â€Å"promote the Progress of Science and useful Arts.† Digital technology, unlike analog technology that preceded it, can make large copies