Technological protection measures in the courts - Signal Processing Magazine, IEEE
نویسندگان
چکیده
hough Holmes was not writing for a digital age and certainly not for an era of digital rights management (DRM), his remarks may hold some interesting insights for solving the DRM enigma. This article is about the similarities and differences that exist between law and engineering. It is about the nature and value of interdisciplinary research and the importance this approach will have in dealing with the problems associated with media piracy and unauthorized use of digital information. The chief aim of this article is to explore legal reasoning as it applies to technological protection measures (TPMs). We do this through consideration of the content scramble system (CSS) litigation in the United States under the Digital Millennium Copyright Act (DMCA) [27]. The DMCA poses challenging questions for lawyers and technologists. By analyzing this law and its interpretation by U.S. courts, we identify some emerging trends in IP law generally and suggest implications for DRM research. Although the DMCA is of greater application in the United States, we believe that this legislation is a response (in part) to intellectual property (IP) obligations at the international level. Similar legal movements in other jurisdictions have been initiated or are expected. Since the enforcement of intellectual property takes place at the national level, we focus on this particular jurisdiction in order to gain more understanding of DRM as it pertains to law. Specifically, we discuss: Rajen Akalu and Deepa Kundur
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