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The Anti-Circumvention Clause in the DMCA says "No person shall manufacture, import, offer to the public, provide, or otherwise traffic in any technology [...]
by eli 1y ago
The Anti-Circumvention Clause in the DMCA says "No person shall manufacture, import, offer to the public, provide, or otherwise traffic in any technology [...] is primarily designed or produced for the purpose of circumventing a technological measure that effectively controls access to a work protected under this title [or] has only limited commercially significant purpose or use other than to circumvent a technological measure that effectively controls access to a work protected under this title"
- myrmidon 1y agoIt seems difficult to argue that this would apply, because what would the "technological measure to control access" be that a bittorrent client (or tracker) is circumventing? I also don't know of any precedent where bittorrent software/client itself was ruled illegal (but am not a lawyer).
- lacoolj 1y agoThe technological measure to control access is probably a crawler looking for standard download links for lawyers to send out C/D letters. Good question though, would love to know what specific tech is in use (or if it's just "finding it on search engines organically")
- eli 1y agohttps://www.oyez.org/cases/2004/04-480 https://www.oyez.org/cases/2004/04-480