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Article
The DMCA and the Regulation of Scientific Research
Berkeley Technology Law Journal (2003)
  • Joseph P. Liu, Boston College Law School
Abstract

This Article analyzes the impact of the Digital Millennium Copyright Act (DMCA) on academic encryption research. In this Article, I argue that for both legal and practical reasons academic encryption researchers should be able to conduct and publish certain types of research without significant fear of liability under the DMCA. However, the DMCA will have a non-trivial impact on the conditions under which such research takes place, and this impact can be expected to have several undesirable effects. More broadly, this impact highlights the problematic way in which the DMCA regulates scientific research in furtherance of intellectual property rights. The Article concludes with a number of suggestions for mitigating some of these negative effects.

Publication Date
Spring 2003
Citation Information
Joseph P. Liu. "The DMCA and the Regulation of Scientific Research" Berkeley Technology Law Journal Vol. 18 Iss. 2 (2003)
Available at: http://works.bepress.com/joseph_liu/13/