Skylink Linking

Jetlagged and busy, I can’t do a thorough enough job on Skylink yet.  Apologies.  I agree with many of Ernest’s points, though I think I’m happier, or at least more optimistic, about the door being opened for companies to successfully defend themselves under the DMCA.


For now, I want to direct your attention to a couple noteworthy docs.  First, read Dan Burk’s “Anti-circumvention Misuse,” which suggests an approach somewhat broader than the Skylink court’s.  Second, check out R. Anthony Reese’s article on the merging of access and copy controls.


Third, go back and read the discussions after the district court ruling.  In particular, follow the back and forth between Ernest and Doug Hudson (doogieh).  Hudson provides important counterpoints to Ernest’s take on the consistency of the opinion, and his points are even more germane now.

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