R. A. Hettinga writes: > >http://www.law.com/cgi-bin/gx.cgi/AppLogic+FTContentServer?pagename=law/View&c=Article&cid=ZZZU66KQBZC&live=true&cst=1&pc=0&pa=0&s=News&ExpIgnore=true&showsummary=0 > > > > March 28, 2002 > > > DMCA Still Faces Its First Criminal Test > > Criminal case will test Digital Copyright Act
The article by Elinor Mills Abreu at http://biz.yahoo.com/rf/020328/crime_bootleg_2.html claims that _two_ people have already been convicted of, or pleaded guilty to, criminal DMCA violations -- one unnamed person in Nebraska and one person just recently in California. My colleague Robin Gross is quoted as saying that the Mohsin Mynaf case is "the first time the DMCA has been used to go after someone who is actually infringing copyright". Mynaf was apparently prosecuted for using a Macrovision corrector in the course of infringing the copyright on movies (presumably an act-of-circumvention case rather than a tools case). The first _civil_ case brought under the DMCA's anticircumvention provisions is probably the little-known _RealNetworks v. Streambox_, in Federal court in Washington state, which came to an unhappy end in 2000. The Elcomsoft case might have the distinction of being the first criminal case involving a _challenge_ to the anticircumvention provisions, but it isn't the first criminal case in which they've been used. Another colleague of mine is compiling a list of all court cases in which anticircumvention claims were brought under the DMCA. If you know of any -- other than the ones EFF has been involved in -- please let me know. -- Seth Schoen Staff Technologist [EMAIL PROTECTED] Electronic Frontier Foundation http://www.eff.org/ 454 Shotwell Street, San Francisco, CA 94110 1 415 436 9333 x107 --------------------------------------------------------------------- The Cryptography Mailing List Unsubscribe by sending "unsubscribe cryptography" to [EMAIL PROTECTED]