The Digital Millennium Copyright Act Essay example

The Digital Millennium Copyright Act Essay example

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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 nation's 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 the consumer masses." (Forno) Since its enactment, the Digital Millennium Copyright Act has been a controversial topic of debate and evaluating the relationship between United States copyright law and technological change is an ongoing, delicate issue for Congress.

"The DMCA is the product of the obligations of the United States to implement two international treaties proposed by the World Intellectual Property Organization. Both treaties provide that contracting states shall provide adequate legal protection and effective legal remedies against the circumvention of effective technological measures that are used by copyright owners with respect to their works." (Ottaviani C1) In addition, it exists for the purpose of advancing two goals, "to protect intellectual property rights in the modern digital environment and to promote continued growth and development of electronic commerce." (Ottaviani C1) The law was enacted perhaps with a valid purpose and with the interests of the people in mind, ho...


... middle of paper ...


...mately our human rights.

Works Cited

Electronic Frontier Foundation. "National Security and Individual Freedoms: How the DMCA Threatens Both." 18 July 2001 [last update]. http://www.infowarrior.org/articles/2001-05.html 1 November 2002.

Executive Summary Report. "Digital Millennium Copyright Act."18 November 2002 [last update]. http://www.loc.gov/copyright/reports/studies/dmca/dmca_executive.html 18 November 2002.

Hoppin, Jason. "Copyright law faces court test." The National Law Journal. April 1, 2002. Online. Lexis Nexis. Electronic Periodicals. 1 December 2002.

Ottaviani, John E. "DMCA faces free speech challenges." The National Law Journal. October 22, 2001. Online. Lexis Nexis. Electronic Periodicals. 1 December 2002.

Thibodeau, Patrick. "DMCA." Computerworld. December 2, 2002. Online. Lexis Nexis. Electronic Periodicals. 1 December 2002.

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