Copyright and Commerce: The DMCA, Trusted Systems, and the Stabilization of Distribution
本文批评数字千年版权法(DMCA)赋予版权所有者过多权力,指出该法不仅控制复制,还构建了监管文化商品购买和使用的技术商业基础设施,并通过法院判决扩展到加密研究和新闻领域,影响知识生产。
The Digital Millennium Copyright Act (DMCA) has been criticized for granting too much power to copyright holders, offering them new technological controls that may harm the public interest. But by considering this exclusively as a copyright issue, we overlook how the DMCA anticipates a technological and commercial infrastructure for regulating not only copying but every facet of the purchase and use of cultural goods. In upholding the law in Universal v. Reimerdes, the courts not only stabilized these market-friendly arrangements in cultural distribution; they extended these arrangements into realms as diverse as encryption research and journalism, with consequences for the very production of knowledge.