The core of your paper seems to be a suggestion that either Congress or the Copyright Office take action to ensure that the DMCA targets only the conduct of “improper” circumvention and not the production or distribution of circumvention technologies. Unfortunately, your conclusion doesn’t flesh out the implications of this suggestion. As a result, I am left with several questions: (1) What purpose, if any, would DMCA serve if it reached only “improper” conduct? (2) Should DMCA simply be repealed? (3) if DMCA were repealed, does current fair use doctrine “strike the right balance” between author’s rights and fair use?

-- StephenClarke - 19 Nov 2009