2 ms·
That's a bad example because it's still a crime to open and enter an unlocked door. It's a misrepresentation because the law requires the protection to be effe
by throwaway09223 4y ago
That's a bad example because it's still a crime to open and enter an unlocked door.
It's a misrepresentation because the law requires the protection to be effective. If I mail you a locked box alongside the key, the lock cannot be reasonably described as "effective" in terms of controlling your access.
- slowmovintarget 4y agoExcept that's not what effective means in the context of the DMCA. If "effective" mechanisms existed in that sense (they don't), there would be no need for the law. Effective in the DMCA sense means "intended to have the effect of..." it does not mean the mechanisms have to be foolproof. This is also why the DMCA is a bad law, because it harms legitimate use while doing almost nothing to actual cases of piracy.
- throwaway09223 4y agoThat's not a compelling rationalization. For example: What is the intended effect of this mechanism?