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[DMCA-Activists] Federal Circuit: No New Right Under DMCA
From: |
Seth Johnson |
Subject: |
[DMCA-Activists] Federal Circuit: No New Right Under DMCA |
Date: |
Wed, 01 Sep 2004 03:36:48 -0400 |
-------- Original Message --------
Subject: [DMCA_Discuss]Federal Circuit: DMCA does not create a
new property right forcopyright owners
Date: Wed, 1 Sep 2004 11:23:22 +0400
From: Vladimir Katalov <address@hidden>
To: address@hidden
Federal Circuit: DMCA does not create a new property right for
copyright owners
Aug 31, 2004
http://patentlaw.typepad.com/patent/2004/08/federal_circuit_12.html
Chamberlain Group v. Skylink Technologies (Fed. Cir. 2004):
http://fedcir.gov/opinions/04-1118.doc
In a well reasoned opinion, the Federal Circuit (GAJARSA)
affirmed a district court's dismissal of a suit arising under
anti-trafficking provisions of the Digital Millennium Copyright
Act (DMCA).
The DMCA does not create a new property right for copyright
owners.
Nor, for that matter, does it divest the public of the property
rights that the Copyright Act has long granted to the public.
The
anticircumvention and anti-trafficking provisions of the DMCA
create
new grounds of liability. A copyright owner seeking to impose
liability on an accused circumventor must demonstrate a
reasonable
relationship between the circumvention at issue and a use
relating
to a property right for which the Copyright Act permits the
copyright owner to withhold authorization-as well as notice
that
authorization was withheld. A copyright owner seeking to impose
liability on an accused trafficker must demonstrate that the
trafficker's device enables either copyright infringement or a
prohibited circumvention. Here, the District Court correctly
ruled
that Chamberlain pled no connection between unauthorized use of
its
copyrighted software and Skylink's accused transmitter. This
connection is critical to sustaining a cause of action under
the
DMCA. We therefore affirm the District Court's summary judgment
in
favor of Skylink.
This case involved electronic garage door technology with a
"rolling code" to encrypt signals transmitted signals. Skylink
distributes a universal remote that can decode the encrypted
rolling code. In an attempt to control the aftermarket in remote
control units, Chamberlain sued.
The court's basic premise is that an element of a DMCA cause of
action is an underlying copyright violation -- without such a
violation, there can be no remedy.
_______________________________________________
USC Title 17 Sec. 107. - Limitations on exclusive rights: Fair
use
This material is distributed to those who have expressed a prior
interest in receiving the included information for research and
educational purposes.
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