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 Chilling Effects Clearinghouse > Anticircumvention (DMCA) > Weather Reports > Twelve Years Under the DMCA at the Electronic Frontier Foundation Printer-friendly version
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    Twelve Years Under the DMCA at the Electronic Frontier Foundation

    David Abrams, Chilling Effects Clearinghouse, March 12, 2010

    Abstract: The Electronic Frontier Foundation (EFF) describes multiple instances in which the anti-circumvention provisions of the Digital Millennium Copyright Act have been used to stifle legitimate speech rather than stop pirates.



    This EFF white paper describes numerous instances in which copyright holders use the DMCA to stifle free expression and scientific research. In many cases, the threat of civil or criminal penalties delayed the disclosure of information of vulnerabilities and security flaws in software that the copyright owner knew about but had not bothered to fix. In other cases, researchers were prevented from presenting information that would have encouraged the development of more secure systems. The EFF concludes that the anti-circumvention provisions of the law have not been used as Congress envisioned and as a result "the DMCA has developed into a serious threat to several important public policy priorities" including fair use, free expression, scientific research and competition and innovation.

     


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