5

Challenges to fair use

Abstract:

The dangers relating to the DMCA and fair use rights are addressed. The ways that the DMCA impinges upon preservation are addressed. The elements of access control that the DMCA reifies lead to platform fragmentation. The financial efficacy of DRM is discussed.

Key words

critical information studies

peer-to-peer (P2P)

fair use

binary code

technological protection measures

access controls

platform limiting

The present relation between copyright and digital content is extremely problematic for a number of reasons. The rights guaranteed under the 1976 U.S. Copyright Act are compromised under the DMCA. The reification of access controls wrests power regarding these rights from advocates of fair use, creating ...

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