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October 25, 2004
Wendy Seltzer: The Engadget Interview
Check out the new interview @ Engadget, in which our own Wendy Seltzer answers a number of Copyfight-relevant questions. Of particular interest to those concerned about the "plus-copyright" powers of the DMCA: her answer to the question of whether the recent ruling (PDF) in US v. Martignon can help rein it in:
The Martignon decision, finding the federal anti-bootlegging statute unconstitutional because it granted copyright-like protection against live recordings for unlimited times, is an important re-affirmation that copyright is a limited exclusive right, meant to balance public and private interests. In the DMCA fight, we've tried to call attention to the ways anticircumvention blocks access to public domain works whose copyrights have expired [link: EFF comments in Copyright Office rulemaking] - without success so far, but this decision might prompt courts to address those concerns. Judge Baer also ruled that Congress can't use a broader part of the Constitution, the Commerce Clause, to circumvent the limitations of the Copyright Clause. So if we can show that the DMCA's restrictions on speech aren't justified under copyright law, Congress can't make up other justifications.
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