DMCA does not cover non-copyrighted data
On February 15, 2003 the question was asked: "If you enter a password protected/subscription website with a log/pass that is not yours (like generic/generic etc.) could this be a violation of 1201?"
Today, we may have gotten an answer ... and as always that answer is IT DEPENDS .... Judge Naomi Buchwald, writing for the SDNY, says:
March 1, 2003: Mark Rasch writes, however, that sharing online passwords you have could be considered a felony under the Computer Fraud and Abuse Act (in Judge Buchwald's court anyway).
see also: Do databases need more protection from pirates?
Today, we may have gotten an answer ... and as always that answer is IT DEPENDS .... Judge Naomi Buchwald, writing for the SDNY, says:
Ernest Miller has an excellent write-up.Because Berkshire may have somehow obtained a legitimate password to the Web site, the judge said, IMS' argument that the bulk downloading "circumvented" a security system was a stretch. "Whatever the impropriety of defendant’s conduct, the DMCA and the anti-circumvention provision at issue do not target this sort of activity," Buchwald wrote. Section 1201 of the DMCA says "no person shall circumvent a technological measure" that protects copyrighted material. [Court doesn't extend database protection] [IMS v. Berkshire]
March 1, 2003: Mark Rasch writes, however, that sharing online passwords you have could be considered a felony under the Computer Fraud and Abuse Act (in Judge Buchwald's court anyway).
see also: Do databases need more protection from pirates?
