According to an article posted by EFF’s von Lohmann posting “The Key” will certainly violate aspects of the oft hated DMCA. A growing number of citizens in the US are starting to recognize just how badly the law conflicts with other guarantees of rights possessed by US citizens.
No person shall … offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part thereof that –
(A) is primarily designed or produced for the purpose of circumventing a technological measure that effectively controls access to a work protected under this title;
(B) has only limited commercially significant purpose or use other than to circumvent a technological measure that effectively controls access to a work protected under this title; or
(C) is marketed by that person or another acting in concert with that person with that person’s knowledge for use in circumventing a technological measure that effectively controls access to a work protected under this title.
Companies like Cafe Press could find themselves facing criminal charges if certain passages of the DMCA are interpreted unfavorably.
If the offense is “willful and for purposes of commercial gain,” federal prosecuters can bring criminal charges
. The EFF article notes that this provision has only been used against commercial piracy till now but that doesn’t rule out the possibility. Technically selling a T-Shirt or trucker hat on Cafe Press with the 16 digit hex code is commercial trafficking in a decryption device if the AACS LA lawyers are to be believed.
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