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April 5, 2005
Michael Madison on DMCA Misuse
Michael Madison, analyzing a species of technical/legal hack under the DMCA as interpreted by the courts in the Lexmark and Chamberlain cases: "Intuitively, then, this sounds like an extreme version of the sort of design abuse that the court in Lexmark was responding to, and the sort of thing that the federal government tried to fight in the U.S. v. Microsoft litigation. ...Lexmark reaches a sensible result on what strikes me as a somewhat tortured reading of the DMCA. When there is a fight at the Supreme Court over the right of the software developer to design as he or she pleases, when do we take that discretion away?"
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