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Electronic Frontier Foundation Media AdvisoryUNINTENDED CONSEQUENCESTHREE YEARS UNDER THE DMCAFor Immediate Release: Thursday, May 9, 2002San Francisco - The Electronic Frontier Foundation (EFF) today released a report collecting cases where abuses of the Digital Millennium Copyright Act (DMCA) undermined fair use, free expression and scientific research in the three years since its passage. The report, titled "Unintended Consquences: Three Years under the DMCA," collects reported incidents involving the controversial anti-circumvention provisions of the DMCA. These provisions prohibit the bypassing of technological restrictions intended to protect copyrighted works. In pressing Congress for these provisions in 1998, the copyright industries claimed that the law was needed "to thwart pirates." In the three years following the DMCA's passage, however, the anti-circumvention provisions have instead been used by copyright owners to stifle a range of legitimate, non-copyright-infringing activities. The report describes how the anti-circumvention provisions have so far been used to: (1) chill free speech and legitimate scientific research; (2) undermine the public's fair use rights; and (3) block legitimate competition and technological innovation. The EFF report represents the first time all the reported abuses of the DMCA have been gathered together in one resource. "The DMCA went too far," said EFF Senior Intellectual Property Attorney, Fred von Lohmann. "Fair use, free expression, and legitimate science have all suffered collateral damage in Hollywood's war on piracy. How many more scientists, hobbyists, and legitimate competitors have to be threatened or sued before we all admit that the DMCA is not working?" EFF will update the report as new cases arise. Links:The "Unintended Consequences" report: EFF's DMCA archive: Felten case documents: 2600 case documents: For this advisory: About EFF:
The Electronic Frontier Foundation is the leading civil liberties
organization working to protect rights in the digital world. Founded in
1990, EFF actively encourages and challenges industry and government to
support free expression, privacy, and openness in the information
society. EFF is a member-supported organization and maintains one of the
most linked-to websites in the world: Contacts:
Fred von Lohmann, Senior Staff Attorney for Intellectual Property - end -
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