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August 15, 2005

EFF Attorney and lead counsel in many high-profile P2P litigations, Fred von Lohmann has authored a paper discussing whether the Digital Millennium Copyright Act (DMCA), enacted in 1998 to circumvent and solve issues of digital copyright infringement, actually works to inhibit such infringements. (PDF of the paper here.) As Fred notes, much has been written about the collateral damage wrought by the DMCA, but little analysis has been given to whether, despite that damage, the thing actually works. Fred’s conclusion: No.

”This paper argues that the DMCA fails in light of its stated goal—namely, reducing the threat of copyright infringement in the digital age. Tredns in digital sitribution technologies, moreover, indicate that any regulatory regime focused on TPMs [technological protection measures] as a solution to this problem may be doomed to fail.”

The Picker MobBlog is hosting a roundtable discussion of the paper, featuring Fred, Ed Felten, Bill Rosenblatt, Bill Patry, Julie Cohen, Tim Wu, and several others. The complete roster of blogging panelists is listed in Ed Felten’s announcement of his own participation. Fred von Lohmann posted the first entry, a summary argument of his paper. This is the XML feed address of the Picker MobBlog.

A tremendous use of blogspace, this promises to be a terrific discussion among some of the most knowledgeable thinkers in the field.

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Originally posted by Brad Hill from The Peer-to-Peer Weblog, remediated by yatta on Aug 15, 2005 at 05:38 PM