‘Fair Use’ Prevails as Library of Congress Wins DMCA Anti-Circumvention Battle
Medical device associations behind a lawsuit challenging a Library of Congress exemption to the DMCA's anti-circumvention provisions, have failed to have the exemption ruled illegal. Motions for summary judgment from both sides went in favor of the defendants after a district court judge found that the exemption, granted for the maintenance and repair of medical devices, permits a non-infringing, transformative fair use.
The anti-circumvention provisions of the Digital Millennium Copyright Act (DMCA) exist to deter circumvention of TPMs (technological protection measures) used to protect and prevent access to copyrighted works.
For example, it’s illegal to circumvent a TPM to enable copying of Nintendo Switch games. It’s also illegal to circumvent a TPM to modify a Switch to play pirated games, or indeed anything else.
The same also applies to people who prefer to repair broken electronic devices rather than buy new ones. The moment a work protected by copyright is made accessible after circumventing a TPM, an offense is committed under the DMCA, albeit with limited exceptions.
