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No, on appeal the simple checksum was ruled to NOT be an effective measure. [0] And while courts might have ruled that a CAPTCHA might count as a "technologica
by phire 19d ago
No, on appeal the simple checksum was ruled to NOT be an effective measure. [0]
And while courts might have ruled that a CAPTCHA might count as a "technological measure" they haven't gotten as far as ruling them as "effective" yet.
But in general yes. The protection scheme doesn't need to be well designed or free of design flaws to count as "effective". But from what I can tell, it does need to be a valid attempt at some cryptographic scheme requiring a secret known only to the copyright holder.
[0] https://law.justia.com/cases/federal/appellate-courts/F3/387/522/532493/ https://law.justia.com/cases/federal/appellate-courts/F3/387...
- mitxela 18d agoYou're underselling this report. The court found that a whole lot of computer code that's intended to be a roadblock to interoperability isn't copyrightable - great news for adversarial reverse engineers everywhere. Recommend reading. Also it was an appeal to a preliminary judgement. The lower court said: okay, you're most likely going to lose so you have to stop selling these until we find out whether you lose. The appeal court said: actually this case is almost completely bogus and you're probably going to win, so you can keep selling them.