Common sense re-emerges in copyright

by Andy Oram

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The logical arguments of the defenders of DMCA anti-circumvention may be unraveling faster than they can catch them, and the tide seems to be turning in the fight between large pop culture corporations and the public. Rhetoric and mixed metaphors aside, a Norwegian court has acquitted Jon Johansen of charges that posting DeCSS code contributed to illegal copying. This comes only a few weeks after a court in California acquitted ElcomSoft (a case better known after the chief witness and short-term jailbait, Dmitri Sklyarov) of violating the DMCA. Summary: fair use lives.