Digital Millennium Copyright Act DMCA:

Digital Millennium Copyright Act (DMCA) the English name “Digital Millennium Copyright Act”, referred to the DMCA. Purpose of the Act is enacted to meet the World Intellectual Property Organization (the WIPO demand) is. However, the law failed to provide effective support for most software, films and music industry companies. So, around the Digital Millennium Copyright Act of controversy and turmoil after another, very lively.

“Digital Millennium Copyright Act DMCA” – Introduction

“The US Digital Millennium Copyright Act” by domestic legislation, the protection of copyright works online provides the legal basis. This bill is an attempt of the digital age network copyright legislation, compromise is also a product of the initial network copyright parties to the conflict of interest. Its main features are reflected in the human-centered copyright to strengthen the protection of their rights, but also the network service provider (Internet Service Provider, referred to the ISP ) liability be limited in order to ensure the development and operation of the network.


“Digital Millennium Copyright Act DMCA” – Background:

In September 1995 the US government issued “Intellectual Property and the National Information Infrastructure: Report of the Working Group on Intellectual Property Rights” (hereinafter referred to as the “White Paper”), started the digital age caused by the existing legal regime on intellectual property rights from the legal, technical and educational direction to explore the impact of, and propose amendments provisions of the copyright law, put into the implementation of the recommendations. This “white paper” is the legal basis for the US network intellectual property issues, after discussions and justice on the basis of recommendations are carried out. Temporary reproduction of copyright, the “White Paper” relates to the work on network file transfer, digital publishing, to redefine the scope of fair use works, protection of content database.

December 1996, the WIPO (World Intellectual Property Organization; hereinafter referred to as WIPO) adopted the “WIPO Copyright Treaty”, “Man and the WIPO Performances Treaty recording was” two treaties, international attempts to guide the resolution of copyright problems arising from the Internet to flourish due.

For the 1996 World Intellectual Property Organization (WIPO) adopted by the above two copyright treaties into the United States Copyright Act, the United States Digital Millennium Copyright Act in October 8, 1998 with the United States on the 12th were given by both houses of the 105th Congress, and on October 28, 1998, President Clinton signed, entered into force and become part of the United States federal law.

“Digital Millennium Copyright Act DMCA” – the basic framework

“The US Digital Millennium Copyright Act DMCA” There are five parts of contents:

The first part of the Implementation (WIPO Treaties Implementation) WIPO treaties. In addition to the above, but stressed that the two 1996 WIPO Copyright Treaty adopted into American copyright law, the first three ○ can be said in this part of the most important and most striking, which explicitly prohibits the destruction protection system of copyright protection and the rights of the copyright management information integrity, violators will be prosecuted criminal, civil liability. Those who violate the above, in addition to non-profit libraries, archives, or educational institution, any person (including the average person) first infringement will be sentenced to five years of imprisonment, a fine of less than five hundred thousand US dollars, the two item punishment can be used simultaneously; offense, will be sentenced to ten years imprisonment, and a fine of one million dollars or less, the two penalties can be used simultaneously.

The second part of the Limiting online copyright infringement liability (Online Copyright Infringement Liability Limitation). Mainly to provide international Internet service provider (ISP) liability issues occur copyright infringement incident through its network, eliminating the transmission of information of ISP liability.

The third part of Computer maintenance and repair of the copyright exemption (Computer Maintenance Or Repair Copyright Exemption). In order to ensure that the customer authorized repair computer repair company, you can start the client computer be repaired copyrighted computer software maintenance work will not violate this law.

The fourth part The General Terms and Conditions (Miscellaneous Provisions). Exempts copying because of network traffic generated by recordings of tort liability, in addition, the expansion of the library and backup archive rational use of space.

The fifth part It is to protect some of the original design (Protection Of Certain Original Designs). The protection of the original design. This section contains several different themes, and some network copyright -related, and some were not.

“Digital Millennium Copyright Act DMCA” – Terms Correction

After the “Digital Millennium Copyright Act” in 1998 through the implementation, once every three years will be focused on this bill amended and issued exemption orders to reduce the bill in digital rights management and other technical aspects of copyright protection “failure”.

July 26, 2010, the US Library of Congress to modify the “Digital Millennium Copyright Act” exemptions, endorsed iOS jailbreak legitimacy, but the ruling does not extend to other devices, such as PS3. Geohot jailbreak and unlock it because of PS3, is SONY court. Founder of Cydia jailbreak software community Jay Freeman (saurik) estimates that globally about 10% of the iPhone have been jailbroken.

In 2012, for the Apple iPhone jailbreak behavior exemptions is about to expire. US Copyright Office in the spring of 2012 on for the “Digital Millennium Copyright Act” proposed exemption order exemption request a hearing to finalize the decree will be officially announced in 2012 October. US Electronic Frontier Foundation (Electronic Frontier Foundation, EFF) called on the crowd gathered strength to the Copyright Board reaffirmed the terms of this exemption, and also hoping to further extend to the relevant provisions of tablet device, and even then for the video game console platform for escape behavior also hope It can be included in the relevant provisions.

“Digital Millennium Copyright Act DMCA” – the main features

“The US Digital Millennium Copyright Act,” the main features embodied in the copyright to people-centered, to strengthen the protection of their rights, but also the network service provider (Internet Service Provider, abbreviated ISP) liability be limited to ensure that the development of the network and operations.

1, to strengthen the protection of the interests of copyright holders With advances in the Internet age of digital technology, copyright works threats are enormous. This threat in:

(1), when the network dissemination of works, including authorship , copyright notices, information and other content works provenance can easily be altered or deleted, which not only allows the copyright owner’s rights are being infringed, but also to the interests of users of works by threats.

“The US Digital Millennium Copyright Act” made “to protect the integrity of the Copyright Management Information (Integrity of copyright management information)” is defined in 103, it is prohibited for any person who knowingly and intentionally lure, induce, or facilitate infringement hide facts or distribute or spread of introducing errors copyright management information; prohibit any person knowing that the act would lure, induce, or facilitate infringement hide under the factual circumstances, intentionally remove or modify any copyright, rights management information, or distribute or disseminate the introduction is known without the copyright owner has been removed or modified under the authority of the copyright rights management information. ”

(2), the network works from unauthorized copying and dissemination is very easy to damage the copyright owner to break the geographical restrictions.

“Digital Millennium Copyright Act” in 103 this to be legislation prohibiting the destruction of copyright protection systems (circumvention of copyright protection systems). Which prohibits the destruction of those acts to control channels to obtain work or technological protection measures to reproduce the work, in addition, provided that manufacture, import, trade or available to the public for others to break the content protection measures and so get a small amount of economic benefit the crack unit, is also prohibited.

2, the limitation of liability of ISP copyright infringement, provide a good environment for network development.

Internet service providers act as a very important role in the operation of the network, which ensures quick and smooth transfer of digital information network. However, because of its important role in the operation of the network, the network service providers are often as defendants of copyright infringement cases, make it miserable. The reason is that when the network copyright infringement occurs, the tort or tort site information may appear in a short time, will disappear in a short time, with more people on the network acts as anonymous or false identity arises when the copyright owner Unable to find the real perpetrators, they often turn to provide network services ISP object request compensation because their identity is determined, and easy to find.

Whether ISP should be liable for copyright infringement of their network behavior problems, “Digital Millennium Copyright Act” in the “Online Copyright Infringement Liability limit” This section specifies the ISP’s exemption system, established the principle of fault Liability, only in knowing the information contained on the web user behavior constituted infringement, namely supporting documents provided by the copyright law to meet the requirements when, ISP fails to take steps to remove or prevent others from accessing the information again, only this time the ISP to bear tort liability. This provision “Digital Millennium Copyright Act” to protect the interests of the ISP, making it out of the network copyright disputes continues to be involved in trouble.

“Digital Millennium Copyright Act DMCA” – Problems and Challenges

“The US Digital Millennium Copyright Act” is a valid attempt at digital era network technology condition of copyright protection, which will be included in the general subject of infringement and impose heavy penalties on criminal, civil liability for online copyright owner of the work to provide a strong spread protection. “The US Digital Millennium Copyright Act” does not address all the problems of copyright on the network, there are still many aspects to be perfected.

1, the network platform works on how to redefine the network works difference with the traditional copyright copyright works, copyright infringement jurisdiction, and so on.

2, the provision itself, “US Digital Millennium Copyright Act,” also brought a series of problems. Especially the provision “prohibits the destruction of copyright protection systems”, the tool will become the copyright owner to prevent others from their own research work to achieve technological monopoly.

3, “the US Digital Millennium Copyright Act,” also makes the ISP should have to remove the copyright owner requires users to discuss or comment on someone else’s work, whether this constitutes a challenge to personal liberty. DMCA to researchers put a magic spell.