The Failures Of The Digital Millennium Copyright Act

by Pejman Yousefzadeh on August 21, 2009

My friend Josh Treviño (be his client!) recently sent me a fact sheet on the DMCA that boggles the mind. The fact sheet concerns this story concerning RealDVD’s DVD-ripping technology, which allows users to copy a DVD to a computer hard drive for backup and portable use. As Josh’s fact sheet points out, however, a violation of the DMCA was found despite the fact that the software in question took into account copyright protections by employing use and copy restrictions.

This kind of case causes me to understand why so many people have hated the DMCA for so long. I know that reform of the Act is not a legislative priority, what with the health care reform fight going on, but Congress could come up with worse work-related assignments for itself than resolving to reform and improve the DMCA once and for all.

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