DMCA
Digital Millennium Copyright Act
Since they were enacted in 1998, the "anti-circumvention" provisions of the Digital Millennium Copyright Act ("DMCA") have not been used as Congress envisioned. Congress meant to stop copyright pirates from defeating DRM restrictions (aka content or copy protections) added to copyrighted works and to ban the "black box" devices intended for that purpose.
In practice, the DMCA and DRM have done nothing to stop "Internet piracy." Yet the DMCA has become a serious threat that jeopardizes fair use, impedes competition and innovation, chills free expression and scientific research, and interferes with computer intrusion laws. If you circumvent DRM locks for noninfringing fair uses or create the tools to do so, you might be on the receiving end of a lawsuit.
EFF has fought hard against the DMCA in the courts, Congress, and other forums. Learn more through the links below, and take action now to support DMCA reform.
Litigation
- RealNetworks v. DVD-CCA (RealDVD case)On September 30, 2008, the day Real was to formally launch its RealDVD product, the motion picture studios filed a lawsuit in Los Angeles and asked for a temporary restraining order (TRO) to block the launch. The same day, RealNetworks filed a lawsuit in San Francisco asking the court to declare that distribution of RealDVD is lawful.
- Blizzard v. BNETD
- Chamber of Commerce v. Servin
- Viacom v. YouTube
- UMG v. Veoh
- Marvel v. NCSoft
- RIAA v. Charter Communications Archive
- Lexmark v. Static Control Case Archive
In The News
- NEW YORK TIMES | July 29, 2010 New York Times Podcast - Tech Talk
- TECHDIRT | July 29, 2010 Perfect 10 Loses Again, As Court Says DMCA Notices Need To Be Properly Filed
- USA TODAY | August 05, 2010 Apple working on security patches for milestone iPhone, iPad flaws
Other Resources
- August 14, 2009 Canada Action Alert: Speak Out on the Future of Digital Copyright
- A Guide to YouTube Removals
- January 15, 2009 Free Your Phone
Related Issues
- DMCA RulemakingEvery three years, the U.S. Copyright Office convenes a rulemaking to consider granting exemptions to the DMCA's ban on circumvention to mitigate the harms the law has caused to legitimate, non-infringing uses of copyrighted materials.
- Digital VideoDigital Video Restrictions
Whitepapers
Deeplinks Posts
- June 23, 2010 YouTube Wins Summary Judgment in Viacom DMCA Lawsuit
- June 23, 2010 Apple, Give Us a "Freedom of Choice" Button
- June 22, 2010 Sign the ACTA Communiqué and Tell Negotiators to Protect Your Rights
Press Releases
- July 26, 2010 EFF Wins New Legal Protections for Video Artists, Cell Phone Jailbreakers, and Unlockers
- July 26, 2010 Recording Industry Giant Tries to Undermine 'Safe Harbor' Rules for Online Video Sites
- April 13, 2010 Viacom's Legal Attack on YouTube Threatens Online Speech and Innovation
Documents and Files
- September 1, 1995 Information Infrastructure Task Force, "White Paper" by Working Group on Intellectual Property Rights[PDF, 980.17 KB]
Want to learn how you can defend free speech, stand up for privacy, fight for government transparency, support consumer rights, and protect your right to innovation in the digital world? Visit http://eff.org/fight to find ways to help.