3 ms·

Both DMCA and EU directive 2001/29/EC prohibit circumventing technological measures that "effectively control access". Checking user agent doesn't meet the req

by c2h5oh 8y ago

Both DMCA and EU directive 2001/29/EC prohibit circumventing technological measures that "effectively control access". Checking user agent doesn't meet the requirement to be considered an effective access control technological measure.

otterley 8y ago
Attorney here! (Not providing legal counsel, though.) It’s a common misconception that the word “effective,” as used in the respective legislation, was intended to mean “successful” or “always cause.” Rather, it’s always been interpreted to mean, “is designed or intended to have the effect of.” The fact that the measure is not always successful or is breakable does not make the law no longer applicable; that would be an absurd result. The law isn’t interpreted literally when the result would be absurd; this is doctrine that goes back to at least 1892 and even further back to English common law. See, e.g., Holy Trinity Church v. United States, 143 U.S. 457 (1892).
- c2h5oh 8y ago
  Ah, but in this case we're provided a definition: > a technological measure “effectively controls access to a work” if the measure, in the ordinary course of its operation, requires the application of information, or a process or a treatment, with the authority of the copyright owner, to gain access to the work. 17 U.S. Code § 1201 (a) (3) (B)
  - otterley 8y ago
    Correct; thanks for providing the definition.
    - c2h5oh 8y ago
      With this definition does you opinion change? I mean this user agent isn't a secret information - this provides weaker access control than not advertising a public URL.
alpaca128 8y ago
> Checking user agent doesn't meet the requirement to be considered an effective access control technological measure. I highly doubt that. Keep in mind that age restrictions which make you hit a single button to circumvent them are much worse in keeping the wrong users out, and afaik legally they're perfectly fine. "Effective access control" means they have to do something which may work to some degree and doesn't have to be a burden financially or technically.
- cipherzero 8y ago
  Would you be making the same argument if we were talking about your bank's website? IMO Effective access control works both ways. you can't send the ALL of the content back and then have the access control work on the client machine. What if i just used curl and viewed the HTML raw to read the article?
- c2h5oh 8y ago
  Ah, but in this case we're provided a definition: > a technological measure “effectively controls access to a work” if the measure, in the ordinary course of its operation, requires the application of information, or a process or a treatment, with the authority of the copyright owner, to gain access to the work. 17 U.S. Code § 1201 (a) (3) (B)

by c2h5oh 8y ago

otterley 8y ago

Attorney here! (Not providing legal counsel, though.) It’s a common misconception that the word “effective,” as used in the respective legislation, was intended to mean “successful” or “always cause.” Rather, it’s always been interpreted to mean, “is designed or intended to have the effect of.” The fact that the measure is not always successful or is breakable does not make the law no longer applicable; that would be an absurd result. The law isn’t interpreted literally when the result would be absurd; this is doctrine that goes back to at least 1892 and even further back to English common law. See, e.g., Holy Trinity Church v. United States, 143 U.S. 457 (1892).

c2h5oh 8y ago
Ah, but in this case we're provided a definition: > a technological measure “effectively controls access to a work” if the measure, in the ordinary course of its operation, requires the application of information, or a process or a treatment, with the authority of the copyright owner, to gain access to the work. 17 U.S. Code § 1201 (a) (3) (B)
- otterley 8y ago
  Correct; thanks for providing the definition.
  - c2h5oh 8y ago
    With this definition does you opinion change? I mean this user agent isn't a secret information - this provides weaker access control than not advertising a public URL.

alpaca128 8y ago

> Checking user agent doesn't meet the requirement to be considered an effective access control technological measure. I highly doubt that. Keep in mind that age restrictions which make you hit a single button to circumvent them are much worse in keeping the wrong users out, and afaik legally they're perfectly fine. "Effective access control" means they have to do something which may work to some degree and doesn't have to be a burden financially or technically.

cipherzero 8y ago
Would you be making the same argument if we were talking about your bank's website? IMO Effective access control works both ways. you can't send the ALL of the content back and then have the access control work on the client machine. What if i just used curl and viewed the HTML raw to read the article?
c2h5oh 8y ago
Ah, but in this case we're provided a definition: > a technological measure “effectively controls access to a work” if the measure, in the ordinary course of its operation, requires the application of information, or a process or a treatment, with the authority of the copyright owner, to gain access to the work. 17 U.S. Code § 1201 (a) (3) (B)