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May 20, 2002

How copyright became controversial

   How Copyright Became Controversial (PDF).

"How did copyright become controversial? In a phrase, the Digital Millennium Copyright Act (DMCA). Although many of legal controversies that have swirled since its October 1998 passage trace their roots to other elements of copyright law, the DMCA created a new feature in copyright law that has crystallized why so many academics, librarians, computer users, and technology entrepreneurs object to what they regard as the overreaching nature of copyright law....

By linking the concept of anti-circumvention to copyright infringement, the DMCA starkly raises new questions about the nature of copyright law. Originally designed to prevent copying, it now also constrains access, including access to materials that one has purchased, like a DVD or a computer. While examining the justification for doing this as a form of contract law is beyond the scope of this essay, I do suggest this fundamental change in copyright law forces a reevaluation of its grounding."