Wednesday, February 09, 2005

Legal Loop: Code & Code

In a flat interview with Rob Kasunic, principal legal advisor to the United States Copyright Office, a reaction that says much of how technical and legal code are intertwined to protect content. Kasunic gives the reason why creators should consider technological protection measures except from their "ability to limit copying" :
"The use of such measures provides additional legal protections to copyright owners if online copies are hacked under U.S. legal code."
So, do I understand this correctly? Is Kasunic actually saying that the use of technological protection measures should also be considered, because they would provide legal protection if hacked under the DMCA (and EUCD)? Instead of legal code backing technological code ex ante, this would be a legal strategy of technological protection to achieve an extra legal weapon for the sake of it. Next to prosecution for copyright infringement this comes to two deterrents for the possible infringer: technological code and legal code: circumvention prohibition of technological code. I'm not sure where the first ends and the second begins, but that is much the power of this legal loop.


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