Is Copy Protection Constitutional? Part II


By making DRM inviolable under the DMCA, the government is complicit. “The obvious response to copy protection being unconstitutional is that the fourth amendment applies to the government, not private companies. However things aren’t so simple when it comes to this issue. Under the DMCA the government agrees to assist companies with whatever copy protection schemes they come up with. As you’ve written about many times, this allows companies to create rules on what can and can’t be done with their copyrighted works, and the government will enforce this as if it were law. Since companies are effectively writing their own laws based on power granted from congress, that power is limited by the Constitution.”

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