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The article probably does violate that section of the DMCA. But it is also a research/scientific piece subject to the protection of the First Amendment. I cou
by thothamon 11y ago
The article probably does violate that section of the DMCA. But it is also a research/scientific piece subject to the protection of the First Amendment. I could be mistaken, but I suspect if one or the other had to go -- the First Amendment or this law -- the First Amendment would win.
Said another way, even as a very pro-copyright judge, I would have a hard time saying the author did not have a First Amendment right to publish his research. Now if he wrote a program to make it easy to crack these databases and sold it for $5 each, that would be a different matter.