GeeksHive International

Passion for knowledge and use of new technologies (among which is Internet as the main source of interest and the most transcendental, dynamic and innovative way of human exchange in history)

Wednesday, July 28, 2010

It's not illegal to break DRM if it's not used to break the law

The DMCA is an amend to the Copyright Act published in 1998, and it established that the prohibition of breaking DRM disposed by the manufacturers in movies, music, software and hardware to prenvent copies or reverse engineering.

According to federal judge Garza from New Orleans (USA), the fact of using cracked software doesn't violate the DMCA if there is a fair use. “Without showing a link between access to material and protection of the copyrighted work, the DMCA's anti-circumvention provision does not apply.” Then, he added: “The owner's technological measure must protect the copyrighted material against an infringement of a right that the Copyright Act protects, not from mere use or viewing.”

It is possible that Garza's decision becomes a precedent and other courts support the legality of breaking DRM for fair use, a vision that would allow the removal of DRMs from your music, movies, releasing your mobile phone or unlocking your console.

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